Texas 2025 - 89th Regular

Texas House Bill HB2247 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8297 AMF-D
2	2	By: Garcia of Bexar H.B. No. 2247
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a specialty court for individuals who
10	10	commit family violence; imposing fees for participation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle K, Title 2, Government Code, is amended
13	13	by adding Chapter 127 to read as follows:
14	14	CHAPTER 127. FAMILY VIOLENCE COURT PROGRAM
15	15	Sec. 127.001. DEFINITION. In this chapter, "family
16	16	violence" has the meaning assigned by Section 71.004, Family Code.
17	17	Sec. 127.002. FAMILY VIOLENCE COURT PROGRAM DEFINED; COURT
18	18	PROCEDURE FOR CERTAIN DEFENDANTS. (a) In this chapter, "family
19	19	violence court program" means a program that has the following
20	20	essential characteristics:
21	21	(1) the integration in the processing of cases in the
22	22	judicial system of educational and rehabilitative services and
23	23	interventions designed to assist program participants with ending
24	24	their abusive behavior, including integration of a battering
25	25	intervention and prevention program established under Article
26	26	42.141, Code of Criminal Procedure;
27	27	(2) consideration of the health and safety of alleged
28	28	victims of program participants;
29	29	(3) the use of a nonadversarial approach involving
30	30	prosecutors and defense attorneys to promote public safety and to
31	31	protect the due process rights of program participants;
32	32	(4) early identification and prompt placement in the
33	33	program of eligible participants;
34	34	(5) ongoing judicial interaction with program
35	35	participants;
36	36	(6) monitoring of services and interventions provided
37	37	to program participants;
38	38	(7) monitoring and evaluation of program goals and
39	39	effectiveness;
40	40	(8) continuing interdisciplinary education to promote
41	41	effective program planning, implementation, and operations; and
42	42	(9) development of partnerships with public agencies
43	43	and community organizations, including the service providers under
44	44	a battering intervention and prevention program established under
45	45	Article 42.141, Code of Criminal Procedure.
46	46	(b) Subject to Subsection (c), after notice to the attorney
47	47	representing this state in a criminal case and a hearing at which a
48	48	family violence court finds dismissal is in the best interest of
49	49	justice, a court shall:
50	50	(1) dismiss the case against a defendant who
51	51	successfully completes a family violence court program, regardless
52	52	of whether the defendant was convicted of the offense for which the
53	53	defendant entered the program or whether the court deferred further
54	54	proceedings without entering an adjudication of guilt; and
55	55	(2) enter an order of nondisclosure of criminal
56	56	history record information under Subchapter E-1, Chapter 411, as if
57	57	the defendant had received a discharge and dismissal under Article
58	58	42A.111, Code of Criminal Procedure, with respect to all records
59	59	and files related to the defendant's arrest for the offense for
60	60	which the defendant entered the program.
61	61	(c) Subsection (b) applies only to a defendant who:
62	62	(1) has not been previously convicted of an offense
63	63	listed in Article 42A.054, Code of Criminal Procedure, or a
64	64	sexually violent offense, as defined by Article 62.001, Code of
65	65	Criminal Procedure; and
66	66	(2) is not convicted for any offense in which an
67	67	element of the offense is family violence between the date on which
68	68	the defendant successfully completed the program and the second
69	69	anniversary of that date.
70	70	Sec. 127.003. AUTHORITY TO ESTABLISH PROGRAM. The
71	71	commissioners court of a county may establish a family violence
72	72	court program for persons who have been arrested for, charged with,
73	73	or convicted of a misdemeanor offense in which an element of the
74	74	offense is family violence.
75	75	Sec. 127.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
76	76	commissioners courts of two or more counties may elect to establish
77	77	a regional family violence court program under this chapter for the
78	78	participating counties.
79	79	Sec. 127.005. REIMBURSEMENT FEE. (a) A family violence
80	80	court program established under this chapter may collect from a
81	81	participant in the program a reasonable reimbursement fee for the
82	82	program not to exceed $1,000.
83	83	(b) A reimbursement fee collected under this section may be
84	84	paid periodically or on a deferred payment schedule at the
85	85	discretion of the judge, magistrate, or coordinator. The fee must
86	86	be:
87	87	(1) based on the participant's ability to pay; and
88	88	(2) used only for purposes specific to the program.
89	89	SECTION 2. Section 772.0061(a)(2), Government Code, is
90	90	amended to read as follows:
91	91	(2) "Specialty court" means a specialty court program
92	92	established under Subtitle K, Title 2 [:
93	93	[(A) a commercially sexually exploited persons
94	94	court program established under Chapter 126 or former law;
95	95	[(B) a family drug court program established
96	96	under Chapter 122 or former law;
97	97	[(C) a drug court program established under
98	98	Chapter 123 or former law;
99	99	[(D) a veterans treatment court program
100	100	established under Chapter 124 or former law;
101	101	[(E) a mental health court program established
102	102	under Chapter 125 or former law;
103	103	[(F) a public safety employees treatment court
104	104	program established under Chapter 129; and
105	105	[(G) a juvenile family drug court program established under
106	106	Chapter 130].
107	107	SECTION 3. Section 772.0061(b), Government Code, is amended
108	108	to read as follows:
109	109	(b) The governor shall establish the Specialty Courts
110	110	Advisory Council within the criminal justice division established
111	111	under Section 772.006 to:
112	112	(1) evaluate applications for grant funding for
113	113	specialty courts in this state and to make funding recommendations
114	114	to the criminal justice division; and
115	115	(2) make recommendations to the Texas Judicial
116	116	Council, the Office of Court Administration of the Texas Judicial
117	117	System, and the criminal justice division regarding best practices
118	118	for specialty courts established under Subtitle K, Title 2 [Chapter
119	119	122, 123, 124, 125, 129, or 130], or former law.
120	120	SECTION 4. This Act takes effect September 1, 2025.