Bill Text: TX SB1844 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the administration of and eligibility for participation in a veterans treatment court program and the issuance of orders of nondisclosure for certain participants who successfully complete that program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-23 - Referred to Criminal Justice [SB1844 Detail]
Download: Texas-2017-SB1844-Introduced.html
85R10747 LHC-D | ||
By: Campbell | S.B. No. 1844 |
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relating to the administration of and eligibility for participation | ||
in a veterans treatment court program and the issuance of orders of | ||
nondisclosure for certain participants who successfully complete | ||
that program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 124.001, Government Code, is amended by | ||
amending Subsection (b) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(b) If a defendant who was arrested for or charged with, but | ||
not convicted of or placed on deferred adjudication community | ||
supervision for, an offense successfully completes a veterans | ||
treatment court program, after 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 against the defendant. | ||
(c) Regardless of whether the defendant is later convicted | ||
of or placed on deferred adjudication community supervision for the | ||
offense for which the defendant entered the veterans treatment | ||
court program, if a defendant described by Subsection (b) | ||
successfully completes a veterans treatment court program and the | ||
case is not dismissed under that subsection, 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, with respect to all records and files | ||
related to the defendant's arrest for the offense for which the | ||
defendant entered the program if the defendant: | ||
(1) has not been previously convicted of an offense | ||
listed in Article 42A.054(a), Code of Criminal Procedure, or a | ||
sexually violent offense, as defined by Article 62.001, Code of | ||
Criminal Procedure; and | ||
(2) is not convicted for any felony offense between | ||
the date on which the defendant successfully completed the program | ||
and the second anniversary of that date. | ||
(d) A defendant who successfully completes a veterans | ||
treatment court program as a result of receiving a conviction or | ||
deferred adjudication community supervision for an offense is | ||
entitled to petition for an order of nondisclosure of criminal | ||
history record information as described by Subsection (c), except | ||
that a defendant is not entitled to petition the court for an order | ||
of nondisclosure if the defendant's entry into the veterans | ||
treatment court program arose as the result of a conviction for an | ||
offense involving the operation of a motor vehicle while | ||
intoxicated. | ||
SECTION 2. Sections 124.002(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The commissioners court of a county may establish a | ||
veterans treatment court program for persons arrested for, [ |
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charged with, convicted of, or placed on deferred adjudication | ||
community supervision for 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 | ||
or in which the defendant was convicted or placed on deferred | ||
adjudication community supervision, as applicable, finds that the | ||
defendant is a veteran or current member of the United States armed | ||
forces, including a member of the reserves, national guard, or | ||
state guard, who: | ||
(1) suffers from a brain injury, mental illness, or | ||
mental disorder, including post-traumatic stress disorder, or was a | ||
victim of military sexual trauma if the injury, illness, disorder, | ||
or trauma [ |
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(A) occurred during or resulted from the | ||
defendant's military service; and | ||
(B) affected the defendant's 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. | ||
(c) Proof of matters described by Subsection (a) may be | ||
submitted to the applicable criminal court [ |
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including military service and medical records, previous | ||
determinations of a disability by a veteran's organization or by | ||
the United States Department of Veterans Affairs, testimony or | ||
affidavits of other veterans or service members, and prior | ||
determinations of eligibility for benefits by any state or county | ||
veterans office. The court's findings must accompany any docketed | ||
case. | ||
SECTION 3. Section 124.003(a), Government Code, is amended | ||
to read as follows: | ||
(a) A veterans treatment court program established under | ||
this chapter must: | ||
(1) if there has not yet been a disposition in the | ||
criminal case, ensure that a defendant eligible for 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 arrested for or charged with | ||
an offense 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. | ||
SECTION 4. The change in law made by this Act by adding | ||
Sections 124.001(c) and (d), Government Code, and 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. | ||
SECTION 5. This Act takes effect September 1, 2017. |