Bill Text: TX HB58 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the creation of a specialty court for certain first-time marihuana possession offenders; imposing a fee for participation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-20 - Referred to Criminal Jurisprudence [HB58 Detail]
Download: Texas-2017-HB58-Introduced.html
85R668 GCB-D | ||
By: White | H.B. No. 58 |
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relating to the creation of a specialty court for certain | ||
first-time marihuana possession offenders; imposing a fee for | ||
participation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle K, Title 2, Government Code, is amended | ||
by adding Chapter 128 to read as follows: | ||
CHAPTER 128. FIRST CHANCE INTERVENTION PROGRAM | ||
Sec. 128.001. FIRST CHANCE INTERVENTION PROGRAM DEFINED. | ||
In this chapter, "first chance intervention program" means a | ||
specialty court program established under this chapter that is: | ||
(1) based on the principle that first-time defendants | ||
who commit low-level, nonviolent offenses involving the possession | ||
of marihuana are often self-correcting, without the need for more | ||
formal and costly criminal justice intervention; and | ||
(2) intended to conserve law enforcement, | ||
prosecution, court, jail, and corrections resources that would | ||
otherwise be expended in the arrest, prosecution, and confinement | ||
or community supervision of the defendant. | ||
Sec. 128.002. AUTHORITY TO ESTABLISH PROGRAM. The | ||
commissioners court of a county or governing body of a municipality | ||
may establish a first chance intervention program for defendants | ||
charged with an offense involving the possession of marihuana that | ||
is punishable under Section 481.121(b)(1), Health and Safety Code. | ||
Sec. 128.003. ELIGIBILITY. (a) A defendant is eligible to | ||
participate in a first chance intervention program established | ||
under this chapter only if: | ||
(1) the attorney representing the state consents to | ||
the defendant's participation in the program; | ||
(2) at the time of the defendant's arrest for an | ||
offense under Section 481.121(b)(1), Health and Safety Code, or at | ||
the time of the issuance of a citation to the defendant under | ||
Article 14.06(c), Code of Criminal Procedure, for an offense under | ||
Section 481.121(b)(1), Health and Safety Code, the defendant: | ||
(A) displayed identifying information sufficient | ||
for a peace officer to confirm the defendant's identity; | ||
(B) was not charged with another offense, other | ||
than a misdemeanor offense punishable by fine only; | ||
(C) was not released on bond for another offense | ||
other than a misdemeanor offense punishable by fine only for which | ||
charges were still pending; and | ||
(D) was not the subject of an outstanding warrant | ||
for the commission of any offense; | ||
(3) the defendant has not previously been convicted or | ||
placed on deferred adjudication for an offense, other than a | ||
misdemeanor offense punishable by fine only; and | ||
(4) the defendant has not previously participated in | ||
the program under this chapter or another specialty court program | ||
under this subtitle. | ||
(b) The court in which the criminal case is pending shall | ||
allow an eligible defendant to choose whether to participate in the | ||
first chance intervention program or otherwise proceed through the | ||
criminal justice system. | ||
(c) If an eligible defendant commits any offense during the | ||
defendant's participation in the first chance intervention | ||
program, the defendant is no longer eligible for participation in | ||
the program and the defendant's case shall be referred to the | ||
appropriate court to proceed through the criminal justice system. | ||
Sec. 128.004. PROGRAM REQUIREMENTS. (a) Not later than the | ||
third day after the date the court informs the defendant that the | ||
defendant is eligible to participate in a first chance intervention | ||
program established under this chapter, the defendant must contact | ||
the appropriate agency designated by the commissioners court to | ||
schedule an intake interview and assessment. | ||
(b) Based on the intake interview and assessment, the | ||
defendant shall be ordered to: | ||
(1) complete eight hours of community service; or | ||
(2) participate in an eight-hour cognitive class. | ||
(c) A first chance intervention program must be either 60 or | ||
90 days in length. | ||
Sec. 128.005. ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY | ||
RECORD INFORMATION. If a defendant successfully completes a first | ||
chance intervention program, regardless of whether the defendant | ||
was convicted of the offense for which the defendant entered the | ||
program or whether the court deferred further proceedings without | ||
entering an adjudication of guilt, 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, the court shall enter an order of nondisclosure of | ||
criminal history record information under Subchapter E-1, Chapter | ||
411, as if the defendant had received a dismissal and discharge | ||
under Article 42A.111, Code of Criminal Procedure, with respect to | ||
all records and files related to the defendant's arrest or citation | ||
for the offense for which the defendant entered the program if the | ||
defendant: | ||
(1) has not been previously convicted of or placed on | ||
deferred adjudication community supervision for an offense listed | ||
in Article 42A.054, Code of Criminal Procedure, or a sexually | ||
violent offense, as defined by Article 62.001, Code of Criminal | ||
Procedure; and | ||
(2) is not convicted of or placed on deferred | ||
adjudication community supervision for a felony offense after the | ||
date on which the defendant successfully completed the program and | ||
before the second anniversary of that date. | ||
Sec. 128.006. FEE. (a) Except as otherwise provided by | ||
this section, a first chance intervention program shall collect | ||
from a participant in the program a fee of $100. | ||
(b) The court shall waive the fee required under Subsection | ||
(a) if the court determines that the defendant is indigent based on | ||
the defendant's sworn statement or affidavit filed with the court. | ||
(c) Based on the defendant's ability to pay, the court may | ||
reduce the fee required under Subsection (a). | ||
SECTION 2. 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 drug court programs established under | ||
Chapter 122, 123, 124, [ |
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law. | ||
SECTION 3. Article 102.0178(g), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(g) The comptroller shall deposit the funds received under | ||
this article to the credit of the drug court account in the general | ||
revenue fund to help fund drug court programs established under | ||
Chapter 122, 123, 124, [ |
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law. The legislature shall appropriate money from the account | ||
solely to the criminal justice division of the governor's office | ||
for distribution to drug court programs that apply for the money. | ||
SECTION 4. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Section 103.02713 to read as follows: | ||
Sec. 103.02713. ADDITIONAL MISCELLANEOUS FEES AND COSTS: | ||
GOVERNMENT CODE. A program fee for a first chance intervention | ||
program established under Section 128.002 shall be collected under | ||
Section 128.006 in the amount of $100. | ||
SECTION 5. 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; [ |
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(E) a mental health court program established | ||
under Chapter 125 or former law; and | ||
(F) a first chance intervention program | ||
established under Chapter 128. | ||
SECTION 6. 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, [ |
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SECTION 7. This Act takes effect September 1, 2017. |