Bill Text: TX HB2065 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the establishment, operation, and funding of victim-offender mediation programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB2065 Detail]
Download: Texas-2011-HB2065-Introduced.html
82R9164 SJM-F | ||
By: Allen | H.B. No. 2065 |
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relating to the establishment, operation, and funding of | ||
victim-offender mediation programs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 56, Code of Criminal Procedure, is | ||
amended by adding Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. PRETRIAL VICTIM-OFFENDER MEDIATION PROGRAM | ||
Art. 56.21. AUTHORITY TO ESTABLISH PROGRAM. The | ||
commissioners court of a county or governing body of a municipality | ||
may establish a pretrial victim-offender mediation program for | ||
persons who: | ||
(1) have been arrested for or charged with a | ||
misdemeanor or state jail felony under Title 7, Penal Code; and | ||
(2) have not previously been convicted of a felony or a | ||
misdemeanor, other than a misdemeanor regulating traffic and | ||
punishable by fine only. | ||
Art. 56.22. PROGRAM. (a) A pretrial victim-offender | ||
mediation program established under Article 56.21 must require: | ||
(1) the identification of defendants who are eligible | ||
to participate in the program, including a consideration of whether | ||
the defendant meets any additional locally developed eligibility | ||
criteria; | ||
(2) the consent of the victim and the defendant to be | ||
obtained before an eligible defendant may proceed with pretrial | ||
victim-offender mediation; and | ||
(3) the defendant to enter into a binding mediation | ||
agreement in accordance with Article 56.23 that: | ||
(A) includes an apology by the defendant; and | ||
(B) requires the defendant to: | ||
(i) pay restitution to the victim; or | ||
(ii) perform community service. | ||
(b) All communications made in a pretrial victim-offender | ||
mediation program are confidential and may not be introduced into | ||
evidence except in a proceeding involving a question concerning the | ||
meaning of a mediation agreement. | ||
(c) A pretrial victim-offender mediation program may | ||
require the staff and other resources of pretrial services | ||
departments and community supervision correction departments to | ||
assist in monitoring the defendant's compliance with a mediation | ||
agreement reached through the program. | ||
(d) Pretrial victim-offender mediations may be conducted by | ||
any person designated by the court, other than the attorney | ||
representing the state or an attorney representing the defendant in | ||
the criminal action, regardless of whether the designated person is | ||
a trained mediator. | ||
(e) If a defendant enters a pretrial victim-offender | ||
mediation program, the court, with the consent of the attorney | ||
representing the state, may defer the proceedings without accepting | ||
a plea of guilty or nolo contendere or entering an adjudication of | ||
guilt. | ||
(f) The case must be returned to the docket and proceed | ||
through the regular criminal justice system if: | ||
(1) a pretrial victim-offender mediation does not | ||
result in a mediation agreement; or | ||
(2) the defendant fails to successfully fulfill the | ||
terms of the mediation agreement by the date specified in the | ||
mediation agreement. | ||
(g) If a case is returned to the docket under Subsection | ||
(f), the defendant retains all of the rights that the defendant | ||
possessed before entering the pretrial victim-offender mediation | ||
program under this subchapter. | ||
(h) The court, on the motion of the attorney representing | ||
the state, shall dismiss the indictment or information charging the | ||
defendant with the commission of the offense, if the defendant: | ||
(1) successfully completes the mediation agreement as | ||
determined by the attorney representing the state; and | ||
(2) either: | ||
(A) pays all court costs; or | ||
(B) enters a payment plan approved by the court | ||
or the attorney representing the state for such payment. | ||
(i) A determination by the court regarding whether the | ||
mediation agreement has been successfully completed is final and | ||
may not be appealed, although the attorney for the state or the | ||
court may extend the period for compliance. | ||
(j) If the defendant is not arrested or convicted of a | ||
subsequent felony or misdemeanor other than a misdemeanor | ||
regulating traffic and punishable by fine only on or before the | ||
first anniversary of the date the defendant successfully completed | ||
a mediation agreement under this subchapter, on the motion of the | ||
defendant, 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, with | ||
respect to all records and files related to the defendant's arrest | ||
for the offense for which the defendant entered the pretrial | ||
victim-offender mediation program. | ||
Art. 56.23. MEDIATION AGREEMENT. (a) A mediation agreement | ||
under this subchapter must be: | ||
(1) signed by the defendant and the victim; and | ||
(2) ratified by the attorney representing the state in | ||
a request for a court order documenting and approving the mediation | ||
agreement. | ||
(b) A mediation agreement may require testing, counseling, | ||
and treatment of the defendant to address alcohol abuse, abuse of | ||
controlled substances, mental health, or anger management or any | ||
other service that is reasonably related to the offense for which | ||
the defendant was arrested or charged. | ||
(c) A mediation agreement is not valid for more than one | ||
year after the date on which the mediation agreement is ratified | ||
unless the court and the attorney representing the state approve | ||
the extension of the agreement. | ||
(d) A mediation agreement under this subchapter does not | ||
constitute a plea or legal admission of responsibility. | ||
Art. 56.24. 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 pretrial | ||
victim-offender mediation programs established under this | ||
subchapter. | ||
(b) A legislative committee or the governor may request the | ||
state auditor to perform a management, operations, or financial or | ||
accounting audit of a pretrial victim-offender mediation program | ||
established under this subchapter. | ||
(c) A county or municipality that establishes a pretrial | ||
victim-offender mediation program: | ||
(1) shall notify the attorney general's office when | ||
the county or municipality begins implementation of the program; | ||
(2) may provide information regarding the performance | ||
of the program to the attorney general's office on request; and | ||
(3) may apply for funds for the program in accordance | ||
with Article 102.0179(g). | ||
Art. 56.25. FEES. (a) A pretrial victim-offender | ||
mediation program established under this subchapter may collect | ||
from a defendant in the program: | ||
(1) a reasonable program fee not to exceed $500; and | ||
(2) an alcohol or controlled substance testing, | ||
counseling, and treatment fee in an amount necessary to cover the | ||
costs of the testing, counseling, or treatment if such testing, | ||
counseling, or treatment is required by the mediation agreement. | ||
(b) Fees collected under this article 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 | ||
pretrial victim-offender mediation program. The fees must be: | ||
(1) based on the defendant's ability to pay; and | ||
(2) used only for purposes specific to the program. | ||
SECTION 2. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.0179 to read as | ||
follows: | ||
Art. 102.0179. COSTS ATTENDANT TO CERTAIN NONVIOLENT | ||
CONVICTIONS INVOLVING PROPERTY. (a) In addition to other costs on | ||
conviction imposed by this chapter, a person shall pay $15 as a | ||
court cost on conviction of a felony or misdemeanor under Title 7, | ||
Penal Code. | ||
(b) For purposes of this article, a person is considered to | ||
have been convicted if: | ||
(1) a sentence is imposed; | ||
(2) the defendant receives community supervision or | ||
deferred adjudication; or | ||
(3) the court defers final disposition of the case. | ||
(c) Court costs under this article are collected in the same | ||
manner as other fines or costs. An officer collecting the costs | ||
shall keep separate records of the funds collected as costs under | ||
this article and shall deposit the funds in the county or municipal | ||
treasury, as appropriate. | ||
(d) The custodian of a county or municipal treasury shall: | ||
(1) keep records of the amount of funds on deposit | ||
collected under this article; and | ||
(2) except as provided by Subsection (e), send to the | ||
comptroller before the last day of the first month following each | ||
calendar quarter the funds collected under this article during the | ||
preceding quarter. | ||
(e) A county or municipality is entitled to: | ||
(1) if the county or municipality has established a | ||
pretrial victim-offender mediation program, retain 40 percent of | ||
the funds collected under this article by an officer of the county | ||
or municipality, to be used exclusively for the maintenance of a | ||
pretrial victim-offender mediation program operated in the county | ||
or municipality; and | ||
(2) if the custodian of the county or municipal | ||
treasury complies with Subsection (d), retain as a collection fee | ||
10 percent of an amount equal to the difference between: | ||
(A) the amount of funds collected under this | ||
article by an officer of the county or municipality; and | ||
(B) any amount the county or municipality is | ||
entitled to retain under Subdivision (1). | ||
(f) If no funds due as costs under this article are | ||
deposited in a county or municipal treasury in a calendar quarter, | ||
the custodian of the treasury shall file the report required for the | ||
quarter in the regular manner and must state that no funds were | ||
collected. | ||
(g) The comptroller shall deposit the funds received under | ||
this article to the credit of the pretrial victim-offender | ||
mediation program account in the general revenue fund to help fund | ||
pretrial victim-offender mediation programs established under | ||
Subchapter A-1, Chapter 56. The legislature shall appropriate | ||
money from the account solely to the attorney general's office for | ||
distribution to pretrial victim-offender mediation programs that | ||
apply for the money. | ||
(h) Funds collected under this article are subject to audit | ||
by the comptroller. | ||
SECTION 3. Subchapter B, Chapter 102, Government Code, is | ||
amended by adding Section 102.0216 to read as follows: | ||
Sec. 102.0216. ADDITIONAL COURT COSTS ON CONVICTION: CODE | ||
OF CRIMINAL PROCEDURE. A person convicted of an offense under Title | ||
7, Penal Code, shall pay a cost on conviction, in addition to all | ||
other costs, to help fund pretrial victim-offender mediation | ||
programs established under Subchapter A-1, Chapter 56, Code of | ||
Criminal Procedure (Art. 102.0179, Code of Criminal | ||
Procedure) . . . $15. | ||
SECTION 4. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Section 103.0217 to read as follows: | ||
Sec. 103.0217. ADDITIONAL FEES IN CRIMINAL CASES: CODE OF | ||
CRIMINAL PROCEDURE. A defendant who participates in a pretrial | ||
victim-offender mediation program under Subchapter A-1, Chapter | ||
56, Code of Criminal Procedure, may be required to pay a program fee | ||
in an amount not to exceed $500 and the costs of certain testing, | ||
counseling, and treatment. | ||
SECTION 5. Title 3, Family Code, is amended by adding | ||
Chapter 62 to read as follows: | ||
CHAPTER 62. JUVENILE VICTIM-OFFENDER MEDIATION PILOT PROGRAM | ||
Sec. 62.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Juvenile Probation | ||
Commission. | ||
(2) "Department" means a local juvenile probation | ||
department. | ||
(3) "Program" means the juvenile victim-offender | ||
mediation pilot program created under this chapter. | ||
Sec. 62.002. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to a department located in a county: | ||
(1) with a population of more than one million; and | ||
(2) in which more than 75 percent of the population | ||
resides in a single municipality. | ||
Sec. 62.003. ESTABLISHMENT AND IMPLEMENTATION OF PILOT | ||
PROGRAM. (a) The commission shall establish a juvenile | ||
victim-offender mediation pilot program for children to be | ||
implemented by a department with funds appropriated for that | ||
purpose. | ||
(b) In implementing the program, the commission shall | ||
require a department to: | ||
(1) establish a resource network on the subject of | ||
victim-offender mediation that includes representatives from the | ||
department, the local dispute resolution center, the juvenile | ||
courts, the district attorney's office, and the local juvenile | ||
defense bar association; | ||
(2) develop the program consistent with best practices | ||
identified by the commission; and | ||
(3) identify outcome measures that may be used to | ||
measure the effectiveness of the program. | ||
Sec. 62.004. REPORT. Not later than December 1, 2012, each | ||
department shall submit a report to the commission regarding the | ||
program. The report must include: | ||
(1) a comprehensive analysis of the effectiveness of | ||
the program; and | ||
(2) the department's findings and recommendations | ||
regarding continuation or expansion of the program. | ||
Sec. 62.005. PROGRAM FUNDING. The commission shall provide | ||
sufficient funds to each department for the program and report, if | ||
funds are appropriated for purposes of this chapter. | ||
Sec. 62.006. EXPIRATION. This chapter expires September 2, | ||
2013. | ||
SECTION 6. (a) The change in law made by this Act in adding | ||
Subchapter A-1, Chapter 56, Code of Criminal Procedure, applies to | ||
a defendant who enters a pretrial victim-offender mediation program | ||
under that subchapter regardless of whether the defendant committed | ||
the offense for which the defendant enters the program before, on, | ||
or after the effective date of this Act. | ||
(b) The change in law made by this Act in adding Article | ||
102.0179, Code of Criminal Procedure, and Section 102.0216, | ||
Government Code, applies only to an offense committed on or after | ||
the effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect when the | ||
offense was committed, and the former law is continued in effect for | ||
that purpose. For purposes of this subsection, an offense was | ||
committed before the effective date of this Act if any element of | ||
the offense was committed before that date. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |