Bill Text: TX HB4594 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the punishment for certain possession offenses under the Texas Controlled Substances Act; changing eligibility for and conditions of community supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-11 - Left pending in committee [HB4594 Detail]
Download: Texas-2019-HB4594-Introduced.html
86R16623 JSC-F | ||
By: González of Dallas | H.B. No. 4594 |
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relating to the punishment for certain possession offenses under | ||
the Texas Controlled Substances Act; changing eligibility for and | ||
conditions of community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 42A.551(a) and (d), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) Except as otherwise provided by Subsection (b) [ |
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on conviction of a state jail felony under Section [ |
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481.129(g)(1), Health and Safety Code, that is punished under | ||
Section 12.35(a), Penal Code, the judge shall suspend the | ||
imposition of the sentence and place the defendant on community | ||
supervision. | ||
(d) On conviction of a state jail felony punished under | ||
Section 12.35(a), Penal Code, other than a state jail felony listed | ||
in Subsection (a) or defined as a possession offense under | ||
Subchapter L-1, and subject to Subsection (e), the judge may: | ||
(1) suspend the imposition of the sentence and place | ||
the defendant on community supervision; or | ||
(2) order the sentence to be executed: | ||
(A) in whole; or | ||
(B) in part, with a period of community | ||
supervision to begin immediately on release of the defendant from | ||
confinement. | ||
SECTION 2. Chapter 42A, Code of Criminal Procedure, is | ||
amended by adding Subchapter L-1 to read as follows: | ||
SUBCHAPTER L-1. COMMUNITY SUPERVISION FOR CERTAIN POSSESSION | ||
OFFENSES | ||
Art. 42A.581. DEFINITION. In this subchapter, "possession | ||
offense" means an offense under Section 481.115, 481.1151, 481.116, | ||
481.1161, 481.117, 481.118, 481.119(b), 481.121, 483.041(a), or | ||
485.031, Health and Safety Code, that is punishable as a felony of | ||
the third degree or state jail felony. | ||
Art. 42A.582. PLACEMENT ON COMMUNITY SUPERVISION; | ||
EXECUTION OF SENTENCE. (a) On conviction of a possession offense, | ||
the judge shall suspend the imposition of the sentence and place the | ||
defendant on community supervision, except that the judge may order | ||
the sentence to be executed if: | ||
(1) for a state jail felony, the defendant has been | ||
previously convicted of a possession offense; or | ||
(2) for a felony of the third degree: | ||
(A) the judge determines by a preponderance of | ||
the evidence that the defendant: | ||
(i) is a danger to the safety of others; or | ||
(ii) possessed the substance with the | ||
intent to deliver the substance; | ||
(B) the defendant has been previously convicted | ||
of a felony offense other than: | ||
(i) a possession offense; or | ||
(ii) a felony offense punished under | ||
Section 12.44, Penal Code; | ||
(C) the defendant is convicted in the same | ||
proceeding of an additional felony offense, other than: | ||
(i) a possession offense; or | ||
(ii) a felony offense punished under | ||
Section 12.44, Penal Code; or | ||
(D) the judge determines by clear and convincing | ||
evidence, based on an evidence-based drug and alcohol assessment, | ||
that the defendant is unlikely to benefit from participation in a | ||
course of treatment in a drug treatment program or facility, and the | ||
defendant has been previously: | ||
(i) convicted on two or more occasions of a | ||
possession offense; or | ||
(ii) discharged from a drug court program | ||
established under Chapter 123, Government Code, after failing to | ||
successfully complete the program. | ||
(b) A judge who makes a determination described by | ||
Subsection (a)(2)(A) or (D) shall enter the reasons for making that | ||
determination in the record of the proceeding. | ||
(c) The judge may suspend in whole or in part the imposition | ||
of any fine imposed on a conviction if a defendant is placed on | ||
community supervision under this subchapter. | ||
Art. 42A.583. CONDITIONS OF COMMUNITY SUPERVISION. (a) A | ||
court granting community supervision under this subchapter shall | ||
require as a condition of community supervision that the defendant: | ||
(1) submit to an evidence-based risks and needs | ||
screening and evaluation procedure approved by the community | ||
justice assistance division of the Texas Department of Criminal | ||
Justice, including a procedure developed under Section 509.003(d), | ||
Government Code; | ||
(2) if the evaluation indicates a need for treatment, | ||
participate in a prescribed course of treatment in a drug treatment | ||
program or facility: | ||
(A) licensed or approved by the Department of | ||
State Health Services; or | ||
(B) that complies with standards established by | ||
the community justice assistance division of the Texas Department | ||
of Criminal Justice; and | ||
(3) pay a fee to cover all or part of the cost of the | ||
course of treatment based on the defendant's ability to pay. | ||
(b) A course of treatment under Subsection (a)(2) may | ||
include: | ||
(1) treatment in a faith-based program; | ||
(2) outpatient treatment; | ||
(3) halfway house treatment; | ||
(4) narcotic replacement therapy prescribed by a | ||
physician; | ||
(5) drug education or prevention courses; and | ||
(6) inpatient or residential drug treatment to address | ||
special detoxification, relapse, or severe dependence issues. | ||
(c) In referring a defendant to a course of treatment under | ||
Subsection (a)(2) and imposing conditions for participation in the | ||
course of treatment, the judge shall order the defendant to | ||
participate in the level of treatment that the evaluation indicates | ||
is appropriate for the defendant to achieve: | ||
(1) the outcome objectives prescribed by the drug | ||
treatment program or facility; and | ||
(2) the recommendations of a drug treatment | ||
professional. | ||
(d) A court granting community supervision under this | ||
subchapter may require as a condition of that community | ||
supervision, in addition to any required participation in a course | ||
of treatment under Subsection (a)(2) and other appropriate | ||
conditions, that the defendant participate in: | ||
(1) vocational training; | ||
(2) family counseling; | ||
(3) literacy training; or | ||
(4) community service. | ||
Art. 42A.584. VIOLATION OF CONDITIONS OF COMMUNITY | ||
SUPERVISION. (a) Notwithstanding Article 42A.751(b), if a | ||
defendant placed on community supervision under this subchapter | ||
violates the terms of that supervision by committing another | ||
possession offense or a misdemeanor offense involving the | ||
possession of a controlled substance or by violating any drug | ||
treatment-related condition of community supervision, the judge | ||
may: | ||
(1) use graduated sanctions and incentives offered to | ||
a defendant by the community supervision and corrections department | ||
supervising the defendant or the courts served by that department, | ||
including: | ||
(A) global positioning or another form of | ||
electronic monitoring; | ||
(B) mental health treatment or cognitive and | ||
behavioral programs; | ||
(C) alcohol or substance abuse monitoring and | ||
testing; | ||
(D) faith-based community programs and | ||
resources, including mentoring programs; | ||
(E) placing the defendant under the supervision | ||
of a supervision officer with a reduced or specialized caseload and | ||
subjecting the defendant to increased home visits and field | ||
contacts, if sufficient resources are available; | ||
(F) strategies to reduce the number of technical | ||
violations committed by the defendant; and | ||
(G) increased coordination between the court and | ||
the community supervision and corrections department supervising | ||
the defendant; and | ||
(2) revoke the community supervision of the defendant | ||
if the judge determines by a preponderance of the evidence that the | ||
defendant: | ||
(A) poses a danger to the safety of others; or | ||
(B) is unlikely to benefit from a course of | ||
treatment in a drug treatment program or facility. | ||
(b) A judge who modifies a defendant's conditions of | ||
community supervision in response to the defendant's commission of | ||
an offense or violation of a treatment-related condition of | ||
community supervision under Subsection (a) shall consider imposing | ||
one or more of the following additional conditions of community | ||
supervision: | ||
(1) intensified drug treatment; | ||
(2) vocational training; | ||
(3) family counseling; | ||
(4) literacy education; | ||
(5) community service; | ||
(6) intensive supervision; and | ||
(7) confinement under Subchapter M in an intermediate | ||
sanction facility operated by or under contract with the Texas | ||
Department of Criminal Justice for a period not to exceed 120 days. | ||
Art. 42A.585. DETERMINATION OF BENEFIT OF TREATMENT. In | ||
making a determination under this subchapter as to whether a | ||
defendant is unlikely to benefit from participation in a course of | ||
treatment in a drug treatment program or facility, the judge shall | ||
consider whether the defendant has previously: | ||
(1) committed a serious violation of the rules of a | ||
drug treatment program or facility; or | ||
(2) repeatedly committed violations of the rules of a | ||
drug treatment program or facility to an extent that inhibited the | ||
defendant's ability to function in the program or facility. | ||
Art. 42A.586. DISMISSAL. (a) After successful completion | ||
of a term of community supervision imposed under this subchapter, | ||
including completion of any required course of treatment in a drug | ||
treatment program or facility, a defendant may petition the court | ||
for dismissal of the charges. | ||
(b) If the judge, after providing notice and giving | ||
attorneys for the defendant and the state an opportunity to be | ||
heard, determines that the defendant substantially complied with | ||
the conditions of community supervision and successfully completed | ||
any required course of treatment, the judge shall discharge the | ||
defendant, set aside the verdict or permit the defendant to | ||
withdraw the plea, and dismiss the accusation, complaint, | ||
information, or indictment in the manner provided by Article | ||
42A.701. | ||
SECTION 3. Subchapter E-1, Chapter 411, Government Code, is | ||
amended by adding Section 411.0732 to read as follows: | ||
Sec. 411.0732. PROCEDURE FOR COMMUNITY SUPERVISION | ||
FOLLOWING CONVICTION; SET-ASIDE CONVICTIONS FOR CERTAIN FELONY | ||
POSSESSION OFFENSES. (a) This section applies only to a person | ||
who, on conviction of a possession offense, is placed on community | ||
supervision under Subchapter L-1, Chapter 42A, Code of Criminal | ||
Procedure, and with respect to whom the conviction is subsequently | ||
set aside by the court under Article 42A.701(f) of that chapter. | ||
(b) Notwithstanding any other provision of this subchapter | ||
or Subchapter F, a person described by Subsection (a) who satisfies | ||
the requirements of Section 411.074 may petition the court that | ||
placed the person on community supervision for an order of | ||
nondisclosure of criminal history record information under this | ||
section. | ||
(c) After notice to the state, an opportunity for a hearing, | ||
and a determination that the person is entitled to file the petition | ||
and that issuance of the order is in the best interest of justice, | ||
the court shall issue an order prohibiting criminal justice | ||
agencies from disclosing to the public criminal history record | ||
information related to the offense giving rise to the community | ||
supervision. | ||
(d) A person may petition the court that placed the person | ||
on community supervision for an order of nondisclosure of criminal | ||
history record information under this section only after the fifth | ||
anniversary of the date the conviction is set aside. | ||
SECTION 4. Chapter 509, Government Code, is amended by | ||
adding Section 509.018 to read as follows: | ||
Sec. 509.018. ANNUAL REPORT ON COMMUNITY SUPERVISION WITH | ||
DRUG TREATMENT. (a) Not later than December 1 of each year, the | ||
Texas Department of Criminal Justice shall study and report to the | ||
legislature on the effectiveness and financial impact to the state | ||
during the preceding state fiscal year of placing defendants on | ||
community supervision with drug treatment for a felony possession | ||
offense under Subchapter L-1, Chapter 42A, Code of Criminal | ||
Procedure. | ||
(b) The study and report must include an analysis of: | ||
(1) the implementation of Subchapter L-1, Chapter 42A, | ||
Code of Criminal Procedure, including the amount of cost savings | ||
the state realizes through that implementation; | ||
(2) the adequacy of funding available for operation of | ||
the programs described by Subchapter L-1, Chapter 42A, Code of | ||
Criminal Procedure; | ||
(3) the effect of implementing Subchapter L-1, Chapter | ||
42A, Code of Criminal Procedure, with respect to: | ||
(A) incarceration costs incurred by the state and | ||
local governments, including the cost of constructing prisons and | ||
jails; | ||
(B) the recidivism rate among defendants placed | ||
on community supervision under Subchapter L-1, Chapter 42A, Code of | ||
Criminal Procedure, compared with other defendants; and | ||
(C) the number of defendants placed on community | ||
supervision under Subchapter L-1, Chapter 42A, Code of Criminal | ||
Procedure, who utilize state welfare benefits, compared with other | ||
defendants; and | ||
(4) other effects of or issues with implementing | ||
Subchapter L-1, Chapter 42A, Code of Criminal Procedure, that are | ||
identified by the Texas Department of Criminal Justice. | ||
SECTION 5. Article 42A.551(c), Code of Criminal Procedure, | ||
is repealed. | ||
SECTION 6. (a) In a criminal action under Section 481.115, | ||
481.1151, 481.116, 481.1161, 481.117, 481.118, 481.119(b), | ||
481.121, 483.041(a), or 485.031, Health and Safety Code, pending on | ||
or commenced on or after the effective date of this Act, for an | ||
offense committed before the effective date of this Act, the | ||
defendant, if adjudged guilty, shall be assessed the punishment | ||
under Subchapter L-1, Chapter 42A, Code of Criminal Procedure, as | ||
added by this Act, if the offense is a possession offense described | ||
by Article 42A.581, Code of Criminal Procedure, as added by this | ||
Act, and the defendant meets the eligibility requirements under | ||
that subchapter and other law and so elects by written motion filed | ||
with the trial court before the sentencing hearing begins. | ||
(b) If the defendant does not make the election under | ||
Subsection (a) of this section, punishment 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. | ||
SECTION 7. The change in law made by Section 411.0732, | ||
Government Code, as added by this Act, applies to a person whose | ||
conviction for a possession offense is set aside under Article | ||
42A.701(f), Code of Criminal Procedure, on or after the effective | ||
date of this Act, regardless of whether the offense for which the | ||
person was convicted was committed before, on, or after the | ||
effective date of this Act. | ||
SECTION 8. The Texas Department of Criminal Justice shall | ||
submit to the legislature the initial report required by Section | ||
509.018, Government Code, as added by this Act, not later than | ||
December 1, 2020. | ||
SECTION 9. This Act takes effect September 1, 2019. |