Bill Text: TX HB2911 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a reemployment program as a condition of community supervision for certain veterans who commit a misdemeanor offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-05-24 - Placed on intent calendar [HB2911 Detail]
Download: Texas-2017-HB2911-Comm_Sub.html
Bill Title: Relating to a reemployment program as a condition of community supervision for certain veterans who commit a misdemeanor offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-05-24 - Placed on intent calendar [HB2911 Detail]
Download: Texas-2017-HB2911-Comm_Sub.html
85R19219 JSC-D | |||
By: Lucio III | H.B. No. 2911 | ||
Substitute the following for H.B. No. 2911: | |||
By: Moody | C.S.H.B. No. 2911 |
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relating to a reemployment program as a condition of community | ||
supervision for certain veterans who commit a misdemeanor offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 42A, Code of Criminal Procedure, is | ||
amended by adding Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. VETERANS REEMPLOYMENT PROGRAM | ||
Art. 42A.381. VETERANS REEMPLOYMENT PROGRAM. In this | ||
subchapter "veterans reemployment program" means a program that | ||
provides education and training to veterans with the goal that the | ||
veterans become gainfully employed. | ||
Art. 42A.382. ELIGIBILITY. (a) A defendant placed on | ||
deferred adjudication community supervision for or convicted of a | ||
misdemeanor offense is eligible to participate in a veterans | ||
reemployment program established under this subchapter if the | ||
defendant is a veteran of the United States armed forces, including | ||
a member of the reserves, national guard, or state guard. | ||
(b) The judge granting community supervision to a defendant | ||
described by Subsection (a) shall inform the defendant of the | ||
defendant's eligibility for the program but may not require the | ||
defendant to participate in the program. | ||
(c) A judge may additionally impose any condition of | ||
community supervision that the judge is authorized to impose under | ||
this chapter on a defendant who chooses to participate in the | ||
program under this subchapter. | ||
Art. 42A.383. EDUCATION AND TRAINING COURSES. (a) A | ||
participant in the program shall diligently attend workforce | ||
development education and training courses developed or approved by | ||
the Texas Workforce Commission under Chapter 316, Labor Code, as | ||
directed by the court. | ||
(b) The education and training courses under this article | ||
must focus on providing a participant with useful workplace skills | ||
most likely to lead to gainful employment by the participant. | ||
(c) The education and training courses may be | ||
individualized based on any physical or intellectual limitations of | ||
the participant. | ||
Art. 42A.384. COMPLETION OF PROGRAM. A participant | ||
successfully completes the veterans reemployment program if the | ||
participant completes the education and training courses required | ||
by the court and: | ||
(1) obtains employment and retains that employment for | ||
three continuous months; | ||
(2) diligently searches for employment for a | ||
continuous period of six months; or | ||
(3) is determined by the court to be unemployable | ||
because of a disability. | ||
Art. 42A.385. FAILURE TO COMPLETE PROGRAM. (a) The judge | ||
may not revoke the community supervision of a defendant who fails to | ||
complete the program under this subchapter. | ||
(b) If the defendant fails to complete the program under | ||
this subchapter, the judge may: | ||
(1) modify the defendant's conditions of community | ||
supervision; and | ||
(2) extend the period of community supervision so that | ||
the defendant may comply with the conditions under Subdivision (1). | ||
SECTION 2. Subchapter E-1, Chapter 411, Government Code, is | ||
amended by adding Section 411.0729 to read as follows: | ||
Sec. 411.0729. PROCEDURE FOR CERTAIN VETERANS. On | ||
successful completion of the veterans reemployment program created | ||
under Subchapter H-1, Chapter 42A, Code of Criminal Procedure, and | ||
all other conditions of the defendant's community supervision, | ||
regardless of whether the defendant meets the eligibility criteria | ||
under this subchapter, after notice to the state and a hearing on | ||
whether issuance of an order of nondisclosure is in the best | ||
interest of justice, the court shall enter an order of | ||
nondisclosure with respect to all records of the offense for which | ||
the defendant was convicted or placed on deferred adjudication | ||
community supervision. | ||
SECTION 3. Subtitle B, Title 4, Labor Code, is amended by | ||
adding Chapter 316 to read as follows: | ||
CHAPTER 316. VETERANS REEMPLOYMENT EDUCATION AND TRAINING COURSES | ||
Sec. 316.001. VETERANS REEMPLOYMENT PROGRAM. In this | ||
chapter "veterans reemployment program" means the community | ||
supervision program created under Subchapter H-1, Chapter 42A, Code | ||
of Criminal Procedure. | ||
Sec. 316.002. EDUCATION AND TRAINING COURSES. (a) The | ||
commission shall develop or approve education and training courses | ||
to assist veterans convicted of or placed on deferred adjudication | ||
community supervision for a misdemeanor offense under Subchapter | ||
H-1, Chapter 42A, Code of Criminal Procedure, in obtaining | ||
workforce skills and becoming gainfully employed. | ||
(b) The education and training courses must provide | ||
instruction in workforce skills appropriate for veterans with | ||
disabilities. | ||
SECTION 4. Not later than January 1, 2018, the Texas | ||
Workforce Commission shall develop or approve education and | ||
training courses as required under Chapter 316, Labor Code, as | ||
added by this Act. | ||
SECTION 5. Subchapter H-1, Chapter 42A, Code of Criminal | ||
Procedure, applies only to a person placed on community | ||
supervision, including deferred adjudication community | ||
supervision, on or after January 1, 2018. | ||
SECTION 6. 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, 2017. |