Texas 2025 - 89th Regular

Texas House Bill HB5240 Compare Versions

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

Old	New	Differences
1	1	89R11122 MEW-D
2	2	By: Morales Shaw H.B. No. 5240
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a pretrial intervention and diversion
10	10	program for certain nonviolent offenses; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 32, Code of Criminal Procedure, is
13	13	amended by adding Article 32.03 to read as follows:
14	14	Art. 32.03. PRETRIAL INTERVENTION AND DIVERSION PROGRAM FOR
15	15	CERTAIN NONVIOLENT OFFENSES. (a) This article applies to a
16	16	defendant who:
17	17	(1) has not previously been convicted of an offense;
18	18	and
19	19	(2) is charged with an offense that is not an offense
20	20	involving violence, as defined by Article 17.03.
21	21	(b) At any time before trial commences, on the joint motion
22	22	of a defendant to whom this article applies and the attorney
23	23	representing the state, a court may defer proceedings without
24	24	entering an adjudication of guilt and permit the defendant to
25	25	participate in a pretrial intervention and diversion program
26	26	established by the office of the attorney representing the state.
27	27	(c) In establishing a pretrial intervention and diversion
28	28	program, the office of the attorney representing the state:
29	29	(1) shall develop written guidelines regarding
30	30	implementation of the program, including guidelines for accepting a
31	31	defendant into the program that take into consideration:
32	32	(A) the nature of the offense committed by the
33	33	defendant; and
34	34	(B) on notifying any victims of the offense of
35	35	the defendant's possible participation in the pretrial
36	36	intervention and diversion program, the victim's response to that
37	37	notification; and
38	38	(2) may require a defendant to:
39	39	(A) perform community service; and
40	40	(B) pay restitution to any victims of the offense
41	41	committed by the defendant.
42	42	(d) The office of the attorney representing the state may
43	43	enter into a contract with any entity or individual for the purpose
44	44	of monitoring the defendant's compliance with a pretrial
45	45	intervention and diversion program established under this article.
46	46	(e) A court that defers proceedings under Subsection (b)
47	47	shall set a reasonable date by which the defendant must complete the
48	48	pretrial intervention and diversion program established under this
49	49	article, which may be extended in the court's discretion.
50	50	(f) A court shall dismiss the proceedings against the
51	51	defendant and discharge the defendant if satisfactory evidence is
52	52	presented that the defendant successfully completed the pretrial
53	53	intervention and diversion program by the date specified under
54	54	Subsection (e).
55	55	SECTION 2. Article 102.0121, Code of Criminal Procedure, is
56	56	amended to read as follows:
57	57	Art. 102.0121. REIMBURSEMENT FEES FOR CERTAIN EXPENSES
58	58	RELATED TO PRETRIAL INTERVENTION PROGRAMS AND PRETRIAL
59	59	INTERVENTION AND DIVERSION PROGRAMS. (a) A district attorney,
60	60	criminal district attorney, or county attorney may collect a
61	61	reimbursement fee [in an amount not to exceed $500] to be used to
62	62	reimburse a county for expenses, including expenses of the district
63	63	attorney's, criminal district attorney's, or county attorney's
64	64	office, related to a defendant's participation in a pretrial
65	65	intervention program or a pretrial intervention and diversion
66	66	program offered in that county in an amount not to exceed:
67	67	(1) $1,000 for a pretrial intervention and diversion
68	68	program offered under Article 32.03; or
69	69	(2) $500 for a pretrial intervention program not
70	70	described by Subdivision (1).
71	71	(b) The district attorney, criminal district attorney, or
72	72	county attorney may collect the reimbursement fee from any
73	73	defendant who participates in a pretrial intervention program or
74	74	pretrial intervention and diversion program administered in any
75	75	part by the attorney's office.
76	76	(c) Reimbursement fees collected under this article shall
77	77	be deposited in the county treasury in a special fund to be used
78	78	solely to administer the pretrial intervention program or pretrial
79	79	intervention and diversion program. An expenditure from the fund
80	80	may be made only in accordance with a budget approved by the
81	81	commissioners court.
82	82	SECTION 3. The change in law made by this Act applies only
83	83	to an offense committed on or after the effective date of this Act.
84	84	An offense committed before the effective date of this Act is
85	85	governed by the law in effect on the date the offense was committed,
86	86	and the former law is continued in effect for that purpose. For
87	87	purposes of this section, an offense was committed before the
88	88	effective date of this Act if any element of the offense occurred
89	89	before that date.
90	90	SECTION 4. This Act takes effect September 1, 2025.