Bill Text: TX SB1310 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the administration of and eligibility for participation in a veterans court program and the automatic expunction of arrest records and files for certain veterans who successfully complete that program; imposing a court cost on conviction to benefit veterans court programs; changing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-18 - Referred to Criminal Justice [SB1310 Detail]
Download: Texas-2015-SB1310-Introduced.html
84R11776 GCB-F | ||
By: Menéndez | S.B. No. 1310 |
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relating to the administration of and eligibility for participation | ||
in a veterans court program and the automatic expunction of arrest | ||
records and files for certain veterans who successfully complete | ||
that program; imposing a court cost on conviction to benefit | ||
veterans court programs; changing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 Article | ||
42.12 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 | ||
court program created under Chapter 124, Government Code, or former | ||
law; | ||
(b) the person completed a pretrial | ||
intervention program authorized under Section 76.011, Government | ||
Code, other than a veterans court program created under Chapter | ||
124, Government Code, or former law; | ||
(c) [ |
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been 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 | ||
(d) [ |
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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. Section 1a, Article 55.02, Code of Criminal | ||
Procedure, is amended by adding Subsection (a-1) to read as | ||
follows: | ||
(a-1) A trial court dismissing a case following a person's | ||
successful completion of a veterans court program created under | ||
Chapter 124, Government Code, or former law, if the trial court is a | ||
district court, or a district court in the county in which the trial | ||
court is located shall enter an order of expunction for a person | ||
entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not | ||
later than the 30th day after the date the court dismisses the case | ||
or receives the information regarding that dismissal, as | ||
applicable. | ||
SECTION 3. Section 2(a), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) A person who is entitled to expunction of records and | ||
files under Article 55.01(a)(1)(B)(i) or under Article | ||
55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person | ||
who is eligible for expunction of records and files under Article | ||
55.01(b) may file an ex parte petition for expunction in a district | ||
court for the county in which: | ||
(1) the petitioner was arrested; or | ||
(2) the offense was alleged to have occurred. | ||
SECTION 4. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.0179 to read as | ||
follows: | ||
Art. 102.0179. COST ON CONVICTION TO BENEFIT VETERANS COURT | ||
PROGRAMS. (a) In addition to other costs on conviction imposed by | ||
this chapter, to benefit veterans court programs in this state a | ||
person shall pay $2 as a court cost on conviction of any misdemeanor | ||
or felony offense. | ||
(b) For purposes of this article, a person is considered to | ||
have been convicted if: | ||
(1) a sentence is imposed; or | ||
(2) the defendant receives community supervision or | ||
deferred adjudication. | ||
(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 treasury, as | ||
appropriate. | ||
(d) The custodian of a county 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) If a county has established a veterans court program or | ||
establishes a veterans court program before the expiration of the | ||
calendar quarter, the county is entitled to retain 60 percent of the | ||
funds collected under this article by an officer of the county | ||
during the calendar quarter to be used exclusively for the | ||
development and maintenance of veterans court programs operated | ||
within the county. | ||
(f) If no funds due as costs under this article are | ||
deposited in a county 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 veterans court account in the | ||
general revenue fund to help fund veterans court programs | ||
established under Chapter 124, Government Code, or former law. The | ||
legislature shall appropriate money from the account solely to the | ||
criminal justice division of the governor's office for distribution | ||
to veterans court programs that apply for the money. | ||
(h) Funds collected under this article are subject to audit | ||
by the comptroller. | ||
SECTION 5. Subchapter B, Chapter 102, Government Code, is | ||
amended by adding Section 102.02111 to read as follows: | ||
Sec. 102.02111. ADDITIONAL COURT COSTS ON CONVICTION: CODE | ||
OF CRIMINAL PROCEDURE. A person convicted of a misdemeanor or | ||
felony offense shall pay, in addition to all other costs, a court | ||
cost on conviction to benefit veterans court programs in this state | ||
(Art. 102.0179, Code of Criminal Procedure). . . $2. | ||
SECTION 6. Section 103.0271, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS: | ||
GOVERNMENT CODE. Fees and costs shall be paid or collected under | ||
the Government Code as follows: | ||
(1) a program fee for a drug court program (Sec. | ||
123.004, Government Code) . . . not to exceed $1,000; | ||
(2) an alcohol or controlled substance testing, | ||
counseling, and treatment fee (Sec. 123.004, Government | ||
Code) . . . the amount necessary to cover the costs of testing, | ||
counseling, and treatment; | ||
(3) a reasonable program fee for a veterans court | ||
program (Sec. 124.005, Government Code) . . . not to exceed $500 | ||
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(4) a testing, counseling, and treatment fee for | ||
testing, counseling, or treatment performed or provided under a | ||
veterans court program (Sec. 124.005, Government Code) . . . the | ||
amount necessary to cover the costs of testing, counseling, or | ||
treatment. | ||
SECTION 7. Section 124.001(b), Government Code, is amended | ||
to read as follows: | ||
(b) If a defendant successfully completes a veterans court | ||
program [ |
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attorney representing the state and a hearing in the veterans court | ||
at which that court determines that a dismissal is in the best | ||
interest of justice, the veterans 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 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 criminal action against the defendant and: | ||
(1) if that trial court is a district court, the court | ||
shall enter an order of expunction on behalf of the defendant under | ||
Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or | ||
(2) if that trial court is not a district court, the | ||
court shall forward the appropriate dismissal and expunction | ||
information to a district court with jurisdiction to enter an order | ||
of expunction on behalf of the defendant under Section 1a(a-1), | ||
Article 55.02, Code of Criminal Procedure. | ||
SECTION 8. Section 124.002(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commissioners court of a county may establish a | ||
veterans court program for persons arrested for or charged with any | ||
misdemeanor or felony offense. A defendant is eligible to | ||
participate in a veterans court program established under this | ||
chapter only if the attorney representing the state consents to the | ||
defendant's participation in the program and if the court in which | ||
the criminal case is pending finds that the defendant[ |
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States armed forces, including a member of the reserves, national | ||
guard, or state guard[ |
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SECTION 9. Section 124.005(a), Government Code, is amended | ||
to read as follows: | ||
(a) A veterans court program established under this chapter | ||
may collect from a participant in the program: | ||
(1) a reasonable program fee not to exceed $500 | ||
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(2) a testing, counseling, and treatment fee in an | ||
amount necessary to cover the costs of any testing, counseling, or | ||
treatment performed or provided under the program. | ||
SECTION 10. Chapter 124, Government Code, is amended by | ||
adding Section 124.006 to read as follows: | ||
Sec. 124.006. TRANSFER OF SUPERVISION. A veterans court | ||
program may transfer responsibility for a participant's | ||
supervision to another veterans court program in the participant's | ||
county of residence or to a different county selected by the | ||
participant. | ||
SECTION 11. Section 124.002(c), Government Code, is | ||
repealed. | ||
SECTION 12. (a) The changes in law made by this Act to | ||
Chapter 55, Code of Criminal Procedure, and to Section 124.001(b), | ||
Government Code, apply to the expunction of arrest records and | ||
files for a person who successfully completes a veterans court | ||
program under Chapter 124, Government Code, or former law, before, | ||
on, or after the effective date of this Act, regardless of when the | ||
underlying arrest occurred. | ||
(b) For a person who is entitled to expunction under Article | ||
55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by | ||
this Act, based on a successful completion of a veterans court | ||
program under Chapter 124, Government Code, or former law, before | ||
the effective date of this Act, notwithstanding the 30-day time | ||
limit provided for the court to enter an automatic order of | ||
expunction under Section 1a(a-1), Article 55.02, Code of Criminal | ||
Procedure, as added by this Act, the court shall enter an order of | ||
expunction for the person as soon as practicable after the court | ||
receives written notice from any party to the case about the | ||
person's entitlement to the expunction. | ||
(c) Article 102.0179, Code of Criminal Procedure, as added | ||
by this Act, applies only to a cost on conviction for 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 | ||
subsection, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
(d) The change in law made by this Act to Sections | ||
124.002(a) and 124.005(a), Government Code, applies to a person | ||
who, on or after the effective date of this Act, enters a veterans | ||
court program under Chapter 124, Government Code, regardless of | ||
whether the person committed the offense for which the person | ||
enters the program before, on, or after the effective date of this | ||
Act. | ||
(e) The change in law made by this Act in adding Section | ||
124.006, Government Code, applies to a person who, on or after the | ||
effective date of this Act, is under the supervision of a veterans | ||
court program. | ||
SECTION 13. To the extent of any conflict, this Act prevails | ||
over another Act of the 84th Legislature, Regular Session, 2015, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 14. This Act takes effect September 1, 2015. |