Bill Text: TX HB543 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation of a specialty court for certain first-time DWI offenders; imposing fees for participation and alcohol monitoring.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-03 - Left pending in committee [HB543 Detail]
Download: Texas-2015-HB543-Introduced.html
84R2783 GCB-D | ||
By: Dutton | H.B. No. 543 |
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relating to the creation of a specialty court for certain | ||
first-time DWI offenders; imposing fees for participation and | ||
alcohol monitoring. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 6, Health and Safety Code, is | ||
amended by adding Chapter 470 to read as follows: | ||
CHAPTER 470. DIVERT PROGRAM | ||
Sec. 470.001. DIVERT PROGRAM DEFINED; PROCEDURES FOR | ||
CERTAIN DEFENDANTS. (a) In this chapter, "Direct Intervention | ||
using Voluntary Education, Restitution, and Treatment Program" or | ||
"DIVERT program" means a program that has the following essential | ||
characteristics: | ||
(1) the integration of alcohol and other drug | ||
treatment services in the processing of certain first-time driving | ||
while intoxicated cases in the judicial system; | ||
(2) the use of a nonadversarial approach involving | ||
prosecutors and defense attorneys to promote public safety, raise | ||
community awareness of the consequences of driving while | ||
intoxicated, and protect the due process rights of program | ||
participants; | ||
(3) early identification and prompt placement of | ||
eligible participants in the program; | ||
(4) access to a continuum of evidence-based alcohol, | ||
drug, and other related treatment and rehabilitative services; | ||
(5) monitoring of abstinence through weekly alcohol | ||
and other drug testing; | ||
(6) a coordinated strategy to govern program responses | ||
to participants' compliance; | ||
(7) minimization of court appearances during the | ||
period of participation in the program; | ||
(8) application of uniform criteria to the entry, | ||
supervision, and treatment of each program participant; | ||
(9) monitoring and evaluation of program goals and | ||
effectiveness; | ||
(10) continuing interdisciplinary education to | ||
promote effective program planning, implementation, and | ||
operations; and | ||
(11) development of partnerships with public agencies | ||
and community organizations. | ||
(b) If a defendant successfully completes a DIVERT program, | ||
after notice to the state and a hearing on whether the defendant is | ||
otherwise entitled to the petition and whether issuance of the | ||
order is in the best interest of justice, notwithstanding Section | ||
5(d), Article 42.12, Code of Criminal Procedure, the court shall | ||
enter an order of nondisclosure under Section 411.081, Government | ||
Code, as if the defendant had received a discharge and dismissal | ||
under Section 5(c), Article 42.12, 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 if the | ||
defendant: | ||
(1) has not been previously convicted of any felony | ||
offense; and | ||
(2) is not before the second anniversary of the | ||
defendant's successful completion of the program convicted of: | ||
(A) an offense under Chapter 49, Penal Code, | ||
other than an offense under Section 49.02 or 49.031 of that code; | ||
(B) an offense under Chapter 481; or | ||
(C) any offense punishable as a felony. | ||
Sec. 470.002. EVALUATION AND CONDITIONS. (a) Treatment, | ||
education, and supervision provided under the DIVERT program must | ||
be based on a series of evaluations designed to assess the treatment | ||
and education needs of each program participant with respect to the | ||
participant's alcohol or drug dependency and motivation. | ||
(b) Except as otherwise provided by this section, program | ||
administrators shall impose on each program participant conditions | ||
for successful completion of the program based on the needs | ||
assessment conducted under Subsection (a). | ||
(c) Program administrators shall require any participant | ||
younger than 25 years of age to attend a video course of not less | ||
than four hours designed to empower young drivers to adopt safer | ||
driving habits and reduce injury and death among young drivers, | ||
such as the video course titled "Alive at 25" developed by the | ||
National Safety Council. | ||
(d) The court shall require a program participant as a | ||
condition of participation in the program to, for a period of one | ||
year: | ||
(1) if the participant owns or regularly drives a | ||
motor vehicle: | ||
(A) have installed on the motor vehicle owned by | ||
the participant or on the vehicle most regularly driven by the | ||
participant a device that uses a deep-lung breath analysis | ||
mechanism to make impractical the operation of a motor vehicle if | ||
ethyl alcohol is detected in the breath of the operator; and | ||
(B) not operate any motor vehicle unless the | ||
vehicle is equipped with that device; or | ||
(2) if the participant does not own or regularly drive | ||
a motor vehicle: | ||
(A) obtain a deep-lung breath analysis mechanism | ||
that detects ethyl alcohol on the participant's breath; and | ||
(B) use the mechanism at intervals prescribed by | ||
the court. | ||
(e) The court may designate an appropriate agency to verify | ||
the installation of the device described by Subsection (d)(1) or | ||
the acquisition of the mechanism described by Subsection (d)(2) and | ||
to monitor the device or mechanism. If the magistrate designates an | ||
agency under this subsection, in each month during which the agency | ||
verifies the installation of the device or the acquisition of the | ||
mechanism or provides a monitoring service for the device or | ||
mechanism, the participant shall pay a fee to the designated agency | ||
in the amount set by the court. The participant shall pay the | ||
initial fee at the time the agency verifies the installation of the | ||
device or the acquisition of the mechanism. In each subsequent | ||
month during which the participant is required to pay a fee, the | ||
participant shall pay the fee on the first occasion in that month | ||
that the agency provides a monitoring service. The court shall set | ||
the fee in an amount not to exceed $10 as determined by the county | ||
auditor, or by the commissioners court of the county if the county | ||
does not have a county auditor, to be sufficient to cover the cost | ||
incurred by the designated agency in conducting the verification or | ||
providing the monitoring service, as applicable in that county. | ||
Sec. 470.003. AUTHORITY TO ESTABLISH PROGRAM. The | ||
commissioners court of a county or governing body of a municipality | ||
may establish a DIVERT program for persons: | ||
(1) who are arrested for, charged with, or convicted | ||
of an offense under Section 49.04, Penal Code, or who are juveniles | ||
detained for, taken into custody for, or adjudicated as having | ||
engaged in conduct constituting an offense under Section 49.04, | ||
Penal Code; | ||
(2) who have not been previously convicted of or | ||
adjudicated as having engaged in conduct constituting an offense | ||
under Chapter 49, Penal Code, other than an offense under Section | ||
49.02 or 49.031, Penal Code; and | ||
(3) for whom participation in the program is in the | ||
best interests of the community, as determined by the court and the | ||
attorney representing the state. | ||
Sec. 470.004. ESTABLISHMENT OF REGIONAL PROGRAM. The | ||
commissioners courts of two or more counties, or the governing | ||
bodies of two or more municipalities, may elect to establish a | ||
regional DIVERT program under this chapter for the participating | ||
counties or municipalities. | ||
Sec. 470.005. OVERSIGHT. (a) The lieutenant governor and | ||
the speaker of the house of representatives may assign to | ||
appropriate legislative committees duties relating to the | ||
oversight of DIVERT programs established under this chapter. | ||
(b) A legislative committee or the governor may request the | ||
state auditor to perform a management, operations, or financial or | ||
accounting audit of a DIVERT program established under this | ||
chapter. | ||
(c) The director or administrator of a DIVERT program | ||
established under this chapter shall: | ||
(1) notify the criminal justice division of the | ||
governor's office before or on implementation of the program; and | ||
(2) provide information regarding the performance of | ||
the program to the division on request. | ||
Sec. 470.006. FEES. (a) A DIVERT program established under | ||
this chapter may collect from a participant in the program: | ||
(1) a reasonable program fee not to exceed $1,000; and | ||
(2) an alcohol or controlled substance testing, | ||
counseling, and treatment fee in an amount necessary to cover the | ||
costs of the testing, counseling, and treatment. | ||
(b) Fees collected under this section may be paid on a | ||
periodic basis or on a deferred payment schedule at the discretion | ||
of the judge, magistrate, or program director administering the | ||
program. The fees must be: | ||
(1) based on the participant's ability to pay; and | ||
(2) used only for purposes specific to the program. | ||
Sec. 470.007. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a) | ||
The commissioners court of a county with a population of more than | ||
200,000 shall establish a DIVERT program under Section 470.003. | ||
(b) A county required under this section to establish a | ||
DIVERT program shall apply for federal and state funds available to | ||
pay the costs of the program. The criminal justice division of the | ||
governor's office may assist a county in applying for federal funds | ||
as required by this subsection. | ||
(c) Notwithstanding Subsection (a), a county is required to | ||
establish a DIVERT program under this section only if the county | ||
receives federal or state funding specifically for that purpose. | ||
(d) A county that does not establish a DIVERT program as | ||
required by this section and maintain the program is ineligible to | ||
receive from the state: | ||
(1) funds for a community supervision and corrections | ||
department; and | ||
(2) grants for substance abuse treatment programs | ||
administered by the criminal justice division of the governor's | ||
office. | ||
Sec. 470.008. USE OF OTHER DRUG AND ALCOHOL AWARENESS | ||
PROGRAMS. (a) In addition to using a DIVERT program established | ||
under this chapter, the commissioners court of a county or a court | ||
may use other drug-awareness programs or drug-related and | ||
alcohol-related driving awareness programs to treat persons | ||
convicted of drug-related or alcohol-related offenses. | ||
(b) If the county or municipality in which a person resides | ||
has established both a DIVERT program under this chapter and a drug | ||
court program under Section 123.005, Government Code, and if the | ||
person is eligible to be a participant in both programs, the court | ||
may order the person to participate in either program as the court | ||
determines appropriate. | ||
Sec. 470.009. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE | ||
REQUIREMENT. (a) Notwithstanding Sections 13 and 16, Article | ||
42.12, Code of Criminal Procedure, to encourage participation in a | ||
DIVERT program established under this chapter, the judge or | ||
magistrate administering the program may suspend any requirement | ||
that, as a condition of community supervision, a participant in the | ||
program work a specified number of hours at a community service | ||
project or projects. | ||
(b) On a participant's successful completion of a DIVERT | ||
program, a judge or magistrate may excuse the participant from any | ||
condition of community supervision previously suspended under | ||
Subsection (a). | ||
Sec. 470.010. OCCUPATIONAL DRIVER'S LICENSE. | ||
Notwithstanding Section 521.242, Transportation Code, if a | ||
participant's driver's license has been suspended as a result of an | ||
alcohol-related or drug-related enforcement contact, as defined by | ||
Section 524.001, Transportation Code, or as a result of a | ||
conviction under Section 49.04, Penal Code, or an adjudication of | ||
conduct constituting an offense under that section, the judge or | ||
magistrate administering a DIVERT program under this chapter may | ||
order that an occupational license be issued to the participant. An | ||
order issued under this section is subject to Sections | ||
521.248-521.252, Transportation Code, except that any reference to | ||
a petition under Section 521.242 of that code does not apply. | ||
SECTION 2. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Sections 103.0294 and 103.0295 to read as | ||
follows: | ||
Sec. 103.0294. ADDITIONAL MISCELLANEOUS FEES AND COSTS: | ||
HEALTH AND SAFETY CODE. A program fee for a DIVERT program | ||
established under Section 470.003, Health and Safety Code, shall be | ||
collected under Section 470.006, Health and Safety Code, in a | ||
reasonable amount not to exceed $1,000. | ||
Sec. 103.0295. ADDITIONAL MISCELLANEOUS FEES AND COSTS: | ||
HEALTH AND SAFETY CODE. A participant in a DIVERT program | ||
administered under Chapter 470, Health and Safety Code, who is | ||
ordered by the court to have an ignition interlock device installed | ||
on the participant's vehicle or to obtain and use a breath analysis | ||
mechanism shall pay a fee in an amount set by a court not to exceed | ||
$10 in each month that the designated agency verifies the | ||
installation of a device or the acquisition of a mechanism or | ||
provides a monitoring service. | ||
SECTION 3. (a) Except as provided by Subsection (b) of | ||
this section, the commissioners court of a county shall establish a | ||
DIVERT program as required by Section 470.007, Health and Safety | ||
Code, as added by this Act, not later than September 1, 2016. | ||
(b) A county is required under Section 470.007, Health and | ||
Safety Code, as added by this Act, to establish a DIVERT program | ||
only if the county receives federal funding specifically for that | ||
purpose or the legislature appropriates money specifically for that | ||
purpose. If the county does not receive federal funding | ||
specifically for that purpose and the legislature does not | ||
appropriate money specifically for that purpose, a county may, but | ||
is not required to, establish a DIVERT program under Section | ||
470.003, Health and Safety Code, as added by this Act, using other | ||
money available for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2015. |