Bill Text: TX SB1474 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the redesignation of veterans court programs as veterans treatment court programs and the eligibility for participation in and administration of those programs.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB1474 Detail]
Download: Texas-2015-SB1474-Enrolled.html
S.B. No. 1474 |
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relating to the redesignation of veterans court programs as | ||
veterans treatment court programs and the eligibility for | ||
participation in and administration of those programs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 124, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 124. VETERANS TREATMENT COURT PROGRAM | ||
SECTION 2. Section 124.001, Government Code, is amended to | ||
read as follows: | ||
Sec. 124.001. VETERANS TREATMENT COURT PROGRAM DEFINED; | ||
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans | ||
treatment court 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; and | ||
(10) development of partnerships with public agencies | ||
and community organizations, including the United States | ||
Department of Veterans Affairs. | ||
(b) If a defendant successfully completes a veterans | ||
treatment court program [ |
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notice to the attorney representing the state and a hearing in the | ||
veterans treatment court at which that court determines that a | ||
dismissal is in the best interest of justice, the court in which the | ||
criminal case is pending shall dismiss the case [ |
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against the defendant. | ||
SECTION 3. Section 124.002, Government Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (d) to read | ||
as follows: | ||
(a) The commissioners court of a county may establish a | ||
veterans treatment court program for persons arrested for or | ||
charged with any misdemeanor or felony offense. A defendant is | ||
eligible to participate in a veterans treatment 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, who: | ||
(1) [ |
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illness, or mental disorder, including post-traumatic stress | ||
disorder, or was a victim of military sexual trauma that: | ||
(A) occurred during or resulted from the | ||
defendant's military service [ |
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(B) [ |
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criminal conduct at issue in the case; or | ||
(2) is a defendant whose participation in a veterans | ||
treatment court program, considering the circumstances of the | ||
defendant's conduct, personal and social background, and criminal | ||
history, is likely to achieve the objective of ensuring public | ||
safety through rehabilitation of the veteran in the manner provided | ||
by Section 1.02(1), Penal Code. | ||
(b) The court in which the criminal case is pending shall | ||
allow an eligible defendant to choose whether to proceed through | ||
the veterans treatment court program or otherwise through the | ||
criminal justice system. | ||
(d) In this section, "military sexual trauma" means any | ||
sexual assault or sexual harassment that occurs while the victim is | ||
a member of the United States armed forces performing the person's | ||
regular duties. | ||
SECTION 4. The heading to Section 124.003, Government Code, | ||
is amended to read as follows: | ||
Sec. 124.003. DUTIES OF VETERANS TREATMENT COURT PROGRAM. | ||
SECTION 5. Section 124.003, Government Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) A veterans treatment court program established under | ||
this chapter must: | ||
(1) ensure that a defendant [ |
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participation in the program is provided legal counsel before | ||
volunteering 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; | ||
(3) provide a participant with a court-ordered | ||
individualized treatment plan indicating the services that will be | ||
provided to the participant; and | ||
(4) ensure that the jurisdiction of the veterans | ||
treatment court continues for a period of not less than six months | ||
but does not continue beyond the period of community supervision | ||
for the offense charged. | ||
(b) A veterans treatment court 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. | ||
(b-1) A veterans treatment court 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. | ||
SECTION 6. Section 124.004, Government Code, is amended to | ||
read as follows: | ||
Sec. 124.004. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The | ||
commissioners courts of two or more counties may elect to establish | ||
a regional veterans treatment court program under this chapter for | ||
the participating counties. | ||
(b) For purposes of this chapter, each county that elects to | ||
establish a regional veterans treatment court program under this | ||
section is considered to have established the program and is | ||
entitled to retain fees under Article 102.0178, Code of Criminal | ||
Procedure, in the same manner as if the county had established a | ||
veterans treatment court program without participating in a | ||
regional program. | ||
SECTION 7. Section 124.005(a), Government Code, is amended | ||
to read as follows: | ||
(a) A veterans treatment court program established under | ||
this chapter may collect from a participant in the program: | ||
(1) a reasonable program fee not to exceed $1,000; and | ||
(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 8. Chapter 124, Government Code, is amended by | ||
adding Section 124.006 to read as follows: | ||
Sec. 124.006. COURTESY SUPERVISION. (a) A veterans | ||
treatment court program that accepts placement of a defendant may | ||
transfer responsibility for supervising the defendant's | ||
participation in the program to another veterans treatment court | ||
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 veterans treatment court | ||
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 veterans treatment court | ||
program that accepts the transfer. | ||
(c) If a defendant whose supervision is transferred under | ||
this section does not successfully complete the program, the | ||
veterans treatment court program supervising the defendant shall | ||
return the responsibility for the defendant's supervision to the | ||
veterans treatment court program that initiated the transfer. | ||
(d) If a defendant is charged with an offense in a county | ||
that does not operate a veterans treatment court program, the court | ||
in which the criminal case is pending may place the defendant in a | ||
veterans treatment court program located in the county where the | ||
defendant works or resides, provided that a program is operated in | ||
that county and the defendant agrees to the placement. A defendant | ||
placed in a veterans treatment court program in accordance with | ||
this subsection must agree to abide by all rules, requirements, and | ||
instructions of the program. | ||
SECTION 9. Section 54.976(a), Government Code, is amended | ||
to read as follows: | ||
(a) A judge may refer to a magistrate any criminal case or | ||
matter relating to a criminal case for proceedings involving: | ||
(1) a negotiated plea of guilty or no contest and | ||
sentencing; | ||
(2) a pretrial motion; | ||
(3) an examining trial; | ||
(4) a writ of habeas corpus; | ||
(5) a bond forfeiture suit; | ||
(6) issuance of search warrants; | ||
(7) setting, setting conditions, modifying, revoking, | ||
and surrendering of bonds, including surety bonds; | ||
(8) arraignment of defendants; | ||
(9) a motion to increase or decrease a bond; | ||
(10) a motion to revoke community supervision or to | ||
proceed to an adjudication; | ||
(11) an issue of competency or a civil commitment | ||
under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or | ||
without a jury; | ||
(12) a motion to modify community supervision; | ||
(13) specialty court proceedings, including drug | ||
court proceedings, veterans treatment [ |
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proceedings, and driving while intoxicated court proceedings; | ||
(14) an expunction or a petition for nondisclosure; | ||
(15) an occupational driver's license; | ||
(16) a waiver of extradition; | ||
(17) the issuance of subpoenas and orders requiring | ||
the production of medical records, including records relating to | ||
mental health or substance abuse treatment; and | ||
(18) any other matter the judge considers necessary | ||
and proper. | ||
SECTION 10. 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 treatment | ||
court program (Sec. 124.005, Government Code) . . . not to exceed | ||
$1,000; and | ||
(4) a testing, counseling, and treatment fee for | ||
testing, counseling, or treatment performed or provided under a | ||
veterans treatment court program (Sec. 124.005, Government | ||
Code) . . . the amount necessary to cover the costs of testing, | ||
counseling, or treatment. | ||
SECTION 11. Section 772.0061(a)(2), Government Code, as | ||
amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the | ||
83rd Legislature, Regular Session, 2013, is reenacted and amended | ||
to read as follows: | ||
(2) "Specialty court" means: | ||
(A) a prostitution prevention program | ||
established under Chapter 169A, Health and Safety Code; | ||
(B) a family drug court program established under | ||
Chapter 122 or former law; | ||
(C) [ |
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Chapter 123 or former law; | ||
(D) [ |
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established under Chapter 124 or former law; and | ||
(E) [ |
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established under Chapter 125 or former law. | ||
SECTION 12. (a) The change in law made by this Act by | ||
amending Section 124.002, Government Code, applies to a person who, | ||
on or after the effective date of this Act, enters a veterans | ||
treatment 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. | ||
(b) 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 | ||
treatment 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1474 passed the Senate on | ||
April 30, 2015, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 29, 2015, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1474 passed the House, with | ||
amendment, on May 26, 2015, by the following vote: Yeas 140, | ||
Nays 5, three present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |