Bill Text: TX HB3315 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the creation of a pretrial intervention program for certain youth offenders; authorizing a fee.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Criminal Justice [HB3315 Detail]
Download: Texas-2021-HB3315-Engrossed.html
By: Crockett, Morales Shaw, Burns | H.B. No. 3315 |
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relating to the creation of a pretrial intervention program for | ||
certain youth offenders; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. PRETRIAL INTERVENTION PROGRAM | ||
SECTION 1.01. Subtitle K, Title 2, Government Code, is | ||
amended by adding Chapter 127 to read as follows: | ||
CHAPTER 127. PRETRIAL INTERVENTION PROGRAM FOR CERTAIN YOUTH | ||
OFFENDERS | ||
Sec. 127.001. YOUTH PRETRIAL INTERVENTION PROGRAM DEFINED; | ||
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youth | ||
pretrial intervention program" means a program that has the | ||
following essential characteristics: | ||
(1) the integration of services in the processing of | ||
cases in the judicial system; | ||
(2) the use of a nonadversarial approach involving | ||
prosecutors and defense attorneys to promote public safety and to | ||
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 alcohol, controlled | ||
substance, mental health, and other related treatment and | ||
rehabilitative services; | ||
(5) careful monitoring of treatment and services | ||
provided to program participants; | ||
(6) a coordinated strategy to govern program responses | ||
to participants' compliance; | ||
(7) ongoing judicial interaction with program | ||
participants; | ||
(8) monitoring and evaluation of program goals and | ||
effectiveness; | ||
(9) continuing interdisciplinary education to promote | ||
effective program planning, implementation, and operations; | ||
(10) development of partnerships with public agencies | ||
and community organizations; and | ||
(11) inclusion of a participant's family members who | ||
agree to be involved in the treatment and services provided to the | ||
participant under the program. | ||
(b) If a defendant successfully completes a youth pretrial | ||
intervention program, after notice to the attorney representing the | ||
state and a hearing in the youth pretrial intervention court at | ||
which that court determines that a dismissal is in the best interest | ||
of justice, the youth pretrial intervention court shall provide to | ||
the court in which the criminal case is pending information about | ||
the dismissal and shall include all of the information required | ||
about the defendant for a petition for expunction under Section | ||
2(b), Article 55.02, Code of Criminal Procedure. The court in which | ||
the criminal case is pending shall dismiss the case against the | ||
defendant and: | ||
(1) if that trial court is a district court, the court | ||
may, with the consent of the attorney representing the state, enter | ||
an order of expunction on behalf of the defendant under Section | ||
1a(a-3), Article 55.02, Code of Criminal Procedure; or | ||
(2) if that trial court is not a district court, the | ||
court may, with the consent of the attorney representing the state, | ||
forward the appropriate dismissal and expunction information to | ||
enable a district court with jurisdiction to enter an order of | ||
expunction on behalf of the defendant under Section 1a(a-3), | ||
Article 55.02, Code of Criminal Procedure. | ||
Sec. 127.002. ESTABLISHMENT OF PROGRAM; DEFENDANT | ||
ELIGIBILITY. (a) The commissioners court of a county shall, | ||
subject to Subsection (d), establish a youth pretrial intervention | ||
program for persons arrested for or charged with an offense that is | ||
punishable as a Class B misdemeanor or any higher category of | ||
offense, other than an offense listed in Article 42A.054(a), Code | ||
of Criminal Procedure. | ||
(b) A defendant is eligible to participate in a youth | ||
pretrial intervention program established under this chapter only | ||
if: | ||
(1) the defendant was younger than 18 years of age at | ||
the time of the offense; and | ||
(2) the defendant has not previously been convicted of | ||
or placed on deferred adjudication community supervision for an | ||
offense other than a traffic offense that is punishable by fine | ||
only. | ||
(c) The court in which the criminal case is pending shall | ||
allow an eligible defendant to choose whether to proceed through | ||
the youth pretrial intervention program or otherwise through the | ||
criminal justice system. | ||
(d) The commissioners court of a county is not required to | ||
establish a specialty court in accordance with this chapter and may | ||
require the community supervision and corrections department | ||
serving the county to operate a program under the authority of | ||
Section 76.011(a). A program that is operated by a community | ||
supervision and corrections department is considered to be a youth | ||
pretrial intervention program for purposes of this chapter. | ||
(e) Notwithstanding Subsection (c), the attorney | ||
representing the state may request, in writing, that the court in | ||
which the criminal case is pending refuse to allow an eligible | ||
defendant to proceed through the youth pretrial intervention | ||
program. If the court determines that the attorney representing | ||
the state has shown that adequate good cause exists, the court shall | ||
require the defendant to proceed through the criminal justice | ||
system. | ||
Sec. 127.003. DUTIES OF YOUTH PRETRIAL INTERVENTION | ||
PROGRAM. (a) A youth pretrial intervention program established | ||
under this chapter must: | ||
(1) ensure that a defendant eligible for participation | ||
in the program is provided legal counsel before electing to proceed | ||
through the program and while participating in the program; | ||
(2) allow a participant to withdraw from the program | ||
at any time before a trial on the merits has been initiated; and | ||
(3) provide a participant with a court-ordered | ||
individualized treatment plan indicating the services that will be | ||
provided to the participant. | ||
(b) A youth pretrial intervention program established under | ||
this chapter shall make, establish, and publish local procedures to | ||
ensure maximum participation of eligible defendants in the county | ||
or counties in which those defendants reside. | ||
(c) A youth pretrial intervention program may allow a | ||
participant to comply with the participant's court-ordered | ||
individualized treatment plan or to fulfill certain other court | ||
obligations through the use of videoconferencing software or other | ||
Internet-based communications. | ||
(d) This chapter does not prevent the initiation of | ||
procedures under Chapter 46B, Code of Criminal Procedure. | ||
Sec. 127.004. CONDITIONS OF PROGRAM. (a) A program | ||
participant charged with an offense punishable as a Class B | ||
misdemeanor may not be required to spend more than one year in the | ||
program and may not be required to perform more than 24 hours of | ||
community service as part of the program. | ||
(b) A program participant charged with an offense | ||
punishable as a Class A misdemeanor or state jail felony may not be | ||
required to spend more than two years in the program and may not be | ||
required to perform more than 24 hours of community service as part | ||
of the program. | ||
(c) A program participant charged with an offense | ||
punishable as a felony of the third degree may not be required to | ||
spend more than three years in the program and may not be required | ||
to perform more than 50 hours of community service as part of the | ||
program. | ||
(d) A program participant charged with an offense | ||
punishable as a felony of the second degree may not be required to | ||
spend more than four years in the program and may not be required to | ||
perform more than 75 hours of community service as part of the | ||
program. | ||
(e) A program participant charged with an offense | ||
punishable as a felony of the first degree may not be required to | ||
spend more than five years in the program and may not be required to | ||
perform more than 100 hours of community service as part of the | ||
program. | ||
Sec. 127.005. SUPERVISION OF PARTICIPANTS. The community | ||
supervision and corrections department serving the county in which | ||
the program is operated shall supervise program participants. | ||
Sec. 127.006. ESTABLISHMENT OF REGIONAL PROGRAM. The | ||
commissioners courts of two or more counties may elect to establish | ||
a regional youth pretrial intervention program under this chapter | ||
for the participating counties. | ||
Sec. 127.007. REIMBURSEMENT FEES. (a) A youth pretrial | ||
intervention program established under this chapter may collect | ||
from a participant in the program: | ||
(1) a reasonable reimbursement fee for the program; | ||
and | ||
(2) a testing, counseling, and treatment | ||
reimbursement fee in an amount necessary to cover the costs of any | ||
testing, counseling, or treatment performed or provided under the | ||
program. | ||
(b) Reimbursement 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 coordinator. The fees must | ||
be: | ||
(1) based on the participant's ability to pay; and | ||
(2) used only for purposes specific to the program. | ||
Sec. 127.008. COURTESY SUPERVISION. (a) A youth pretrial | ||
intervention program that accepts placement of a defendant may | ||
transfer responsibility for supervising the defendant's | ||
participation in the program to another youth pretrial intervention | ||
program that is located in the county where the defendant works or | ||
resides. The defendant's supervision may be transferred under this | ||
section only with the consent of both youth pretrial intervention | ||
programs and the defendant. | ||
(b) A defendant who consents to the transfer of the | ||
defendant's supervision must agree to abide by all rules, | ||
requirements, and instructions of the youth pretrial intervention | ||
program that accepts the transfer. | ||
(c) If a defendant whose supervision is transferred under | ||
this section does not successfully complete the program, the youth | ||
pretrial intervention program supervising the defendant shall | ||
return the responsibility for the defendant's supervision to the | ||
youth pretrial intervention program that initiated the transfer. | ||
SECTION 1.02. Article 59.062(f), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(f) A civil penalty collected under this article shall be | ||
deposited to the credit of the drug court account in the general | ||
revenue fund to help fund specialty court programs established | ||
under Chapter 122, 123, 124, 125, 127, or 129, Government Code, or | ||
former law. | ||
SECTION 1.03. Section 509.011, Government Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) The supervision by a department of a participant in a | ||
youth pretrial intervention program under Chapter 127 or other law | ||
constitutes supervision by the department pursuant to lawful | ||
authority for purposes of Subsection (a). | ||
SECTION 1.04. Section 772.0061(a)(2), Government Code, is | ||
amended to read as follows: | ||
(2) "Specialty court" means: | ||
(A) a commercially sexually exploited persons | ||
court program established under Chapter 126 or former law; | ||
(B) a family drug court program established under | ||
Chapter 122 or former law; | ||
(C) a drug court program established under | ||
Chapter 123 or former law; | ||
(D) a veterans treatment court program | ||
established under Chapter 124 or former law; | ||
(E) a mental health court program established | ||
under Chapter 125 or former law; | ||
(F) a youth pretrial intervention program | ||
established under Chapter 127; and | ||
(G) [ |
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court program established under Chapter 129. | ||
SECTION 1.05. Section 772.0061(b), Government Code, is | ||
amended to read as follows: | ||
(b) The governor shall establish the Specialty Courts | ||
Advisory Council within the criminal justice division established | ||
under Section 772.006 to: | ||
(1) evaluate applications for grant funding for | ||
specialty courts in this state and to make funding recommendations | ||
to the criminal justice division; and | ||
(2) make recommendations to the criminal justice | ||
division regarding best practices for specialty courts established | ||
under Chapter 122, 123, 124, 125, 127, or 129 or former law. | ||
ARTICLE 2. AUTOMATIC EXPUNCTION | ||
SECTION 2.01. Article 55.01(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) A person who has been placed under a custodial or | ||
noncustodial arrest for commission of either a felony or | ||
misdemeanor is entitled to have all records and files relating to | ||
the arrest expunged if: | ||
(1) the person is tried for the offense for which the | ||
person was arrested and is: | ||
(A) acquitted by the trial court, except as | ||
provided by Subsection (c); or | ||
(B) convicted and subsequently: | ||
(i) pardoned for a reason other than that | ||
described by Subparagraph (ii); or | ||
(ii) pardoned or otherwise granted relief | ||
on the basis of actual innocence with respect to that offense, if | ||
the applicable pardon or court order clearly indicates on its face | ||
that the pardon or order was granted or rendered on the basis of the | ||
person's actual innocence; or | ||
(2) the person has been released and the charge, if | ||
any, has not resulted in a final conviction and is no longer pending | ||
and there was no court-ordered community supervision under Chapter | ||
42A for the offense, unless the offense is a Class C misdemeanor, | ||
provided that: | ||
(A) regardless of whether any statute of | ||
limitations exists for the offense and whether any limitations | ||
period for the offense has expired, an indictment or information | ||
charging the person with the commission of a misdemeanor offense | ||
based on the person's arrest or charging the person with the | ||
commission of any felony offense arising out of the same | ||
transaction for which the person was arrested: | ||
(i) has not been presented against the | ||
person at any time following the arrest, and: | ||
(a) at least 180 days have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a Class C misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(b) at least one year has elapsed from | ||
the date of arrest if the arrest for which the expunction was sought | ||
was for an offense punishable as a Class B or A misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(c) at least three years have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a felony or if there was a | ||
felony charge arising out of the same transaction for which the | ||
person was arrested; or | ||
(d) the attorney representing the | ||
state certifies that the applicable arrest records and files are | ||
not needed for use in any criminal investigation or prosecution, | ||
including an investigation or prosecution of another person; or | ||
(ii) if presented at any time following the | ||
arrest, was dismissed or quashed, and the court finds that the | ||
indictment or information was dismissed or quashed because: | ||
(a) the person completed a veterans | ||
treatment court program created under Chapter 124, Government Code, | ||
or former law, subject to Subsection (a-3); | ||
(b) the person completed a mental | ||
health court program created under Chapter 125, Government Code, or | ||
former law, subject to Subsection (a-4); | ||
(c) the person completed a youth | ||
pretrial intervention program created under Chapter 127, | ||
Government Code; | ||
(d) the person completed a pretrial | ||
intervention program authorized under Section 76.011, Government | ||
Code, other than a veterans treatment court program created under | ||
Chapter 124, Government Code, or former law, [ |
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court program created under Chapter 125, Government Code, or former | ||
law, or a youth pretrial intervention program created under Chapter | ||
127, Government Code; | ||
(e) [ |
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made because of mistake, false information, or other similar reason | ||
indicating absence of probable cause at the time of the dismissal to | ||
believe the person committed the offense; or | ||
(f) [ |
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information was void; or | ||
(B) prosecution of the person for the offense for | ||
which the person was arrested is no longer possible because the | ||
limitations period has expired. | ||
SECTION 2.02. Section 1a, Article 55.02, Code of Criminal | ||
Procedure, is amended by adding Subsection (a-3) to read as | ||
follows: | ||
(a-3) A trial court dismissing a case following a person's | ||
successful completion of a youth pretrial intervention program | ||
created under Chapter 127, Government Code, if the trial court is a | ||
district court or a district court in the county in which the trial | ||
court is located, may, with the consent of the attorney | ||
representing the state, enter an order of expunction for a person | ||
entitled to expunction under Article 55.01(a)(2)(A)(ii)(c) not | ||
later than the 30th day after the date the court dismisses the case | ||
or receives the information regarding that dismissal, as | ||
applicable. Notwithstanding any other law, a court that enters an | ||
order for expunction under this subsection may not charge any fee or | ||
assess any cost for the expunction. | ||
SECTION 2.03. Article 102.006(b-1), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b-1) The fees under Subsection (a) shall be waived if the | ||
petitioner is entitled to expunction: | ||
(1) under Article 55.01(a)(2)(A)(ii)(a) after | ||
successful completion of a veterans treatment court program created | ||
under Chapter 124, Government Code, or former law; [ |
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(2) under Article 55.01(a)(2)(A)(ii)(b) after | ||
successful completion of a mental health court program created | ||
under Chapter 125, Government Code, or former law; or | ||
(3) under Article 55.01(a)(2)(A)(ii)(c) after | ||
successful completion of a youth pretrial intervention program | ||
created under Chapter 127, Government Code. | ||
ARTICLE 3. TRANSITION; EFFECTIVE DATE | ||
SECTION 3.01. The changes in law made by this Act apply 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 on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 3.02. This Act takes effect September 1, 2021. |