89R8297 AMF-D
By: Garcia of Bexar H.B. No. 2247
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a specialty court for individuals who
commit family violence; imposing fees for participation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle K, Title 2, Government Code, is amended
by adding Chapter 127 to read as follows:
CHAPTER 127. FAMILY VIOLENCE COURT PROGRAM
Sec. 127.001. DEFINITION. In this chapter, "family
violence" has the meaning assigned by Section 71.004, Family Code.
Sec. 127.002. FAMILY VIOLENCE COURT PROGRAM DEFINED; COURT
PROCEDURE FOR CERTAIN DEFENDANTS. (a) In this chapter, "family
violence court program" means a program that has the following
essential characteristics:
(1) the integration in the processing of cases in the
judicial system of educational and rehabilitative services and
interventions designed to assist program participants with ending
their abusive behavior, including integration of a battering
intervention and prevention program established under Article
42.141, Code of Criminal Procedure;
(2) consideration of the health and safety of alleged
victims of program participants;
(3) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(4) early identification and prompt placement in the
program of eligible participants;
(5) ongoing judicial interaction with program
participants;
(6) monitoring of services and interventions provided
to program participants;
(7) monitoring and evaluation of program goals and
effectiveness;
(8) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(9) development of partnerships with public agencies
and community organizations, including the service providers under
a battering intervention and prevention program established under
Article 42.141, Code of Criminal Procedure.
(b) Subject to Subsection (c), after notice to the attorney
representing this state in a criminal case and a hearing at which a
family violence court finds dismissal is in the best interest of
justice, a court shall:
(1) dismiss the case against a defendant who
successfully completes a family violence court program, regardless
of whether the defendant was convicted of the offense for which the
defendant entered the program or whether the court deferred further
proceedings without entering an adjudication of guilt; and
(2) enter an order of nondisclosure of criminal
history record information under Subchapter E-1, Chapter 411, as if
the defendant had received a discharge and dismissal under Article
42A.111, Code of Criminal Procedure, with respect to all records
and files related to the defendant's arrest for the offense for
which the defendant entered the program.
(c) Subsection (b) applies only to a defendant who:
(1) has not been previously convicted of an offense
listed in Article 42A.054, Code of Criminal Procedure, or a
sexually violent offense, as defined by Article 62.001, Code of
Criminal Procedure; and
(2) is not convicted for any offense in which an
element of the offense is family violence between the date on which
the defendant successfully completed the program and the second
anniversary of that date.
Sec. 127.003. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county may establish a family violence
court program for persons who have been arrested for, charged with,
or convicted of a misdemeanor offense in which an element of the
offense is family violence.
Sec. 127.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to establish
a regional family violence court program under this chapter for the
participating counties.
Sec. 127.005. REIMBURSEMENT FEE. (a) A family violence
court program established under this chapter may collect from a
participant in the program a reasonable reimbursement fee for the
program not to exceed $1,000.
(b) A reimbursement fee collected under this section may be
paid periodically or on a deferred payment schedule at the
discretion of the judge, magistrate, or coordinator. The fee must
be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
SECTION 2. Section 772.0061(a)(2), Government Code, is
amended to read as follows:
(2) "Specialty court" means a specialty court program
established under Subtitle K, Title 2 [:
[(A) a commercially sexually exploited persons
court program established under Chapter 126 or former law;
[(B) a family drug court program established
under Chapter 122 or former law;
[(C) a drug court program established under
Chapter 123 or former law;
[(D) a veterans treatment court program
established under Chapter 124 or former law;
[(E) a mental health court program established
under Chapter 125 or former law;
[(F) a public safety employees treatment court
program established under Chapter 129; and
[(G) a juvenile family drug court program established under
Chapter 130].
SECTION 3. Section 772.0061(b), Government Code, is amended
to read as follows:
(b) The governor shall establish the Specialty Courts
Advisory Council within the criminal justice division established
under Section 772.006 to:
(1) evaluate applications for grant funding for
specialty courts in this state and to make funding recommendations
to the criminal justice division; and
(2) make recommendations to the Texas Judicial
Council, the Office of Court Administration of the Texas Judicial
System, and the criminal justice division regarding best practices
for specialty courts established under Subtitle K, Title 2 [Chapter
122, 123, 124, 125, 129, or 130], or former law.
SECTION 4. This Act takes effect September 1, 2025.