By Brady                                              H.B. No. 2919
       74R1049 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the dismissal of certain misdemeanor charges on
    1-3  completion of a young adult court program.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 45, Code of Criminal Procedure, is
    1-6  amended by adding Article 45.551 to read as follows:
    1-7        Art. 45.551.  DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION
    1-8  OF YOUNG ADULT COURT PROGRAM.  (a)  This article applies to a
    1-9  defendant who is:
   1-10              (1)  at least 18 years of age or enrolled full time in
   1-11  an accredited institution of higher education, as defined by
   1-12  Section 61.003, Education Code; and
   1-13              (2)  younger than 22 years of age.
   1-14        (b)  A justice or municipal court may defer proceedings
   1-15  against a defendant for 90 days if the defendant:
   1-16              (1)  is charged with a misdemeanor punishable by fine
   1-17  only or a violation of a penal ordinance of a political
   1-18  subdivision, including a traffic offense punishable by fine only;
   1-19              (2)  pleads nolo contendere or guilty to the offense in
   1-20  open court;
   1-21              (3)  presents to the court an oral or written request
   1-22  to attend a young adult court program; and
   1-23              (4)  has not previously successfully completed a young
   1-24  adult court program.
    2-1        (c)  The young adult court program must be approved by the
    2-2  court.
    2-3        (d)  The justice or municipal court shall dismiss the charge
    2-4  at the conclusion of the deferral period if the defendant presents
    2-5  satisfactory evidence that the defendant successfully completed the
    2-6  young adult court program.
    2-7        (e)  A charge dismissed under this article may not be part of
    2-8  the defendant's criminal record or driving record or used for any
    2-9  purpose, except that if the charge was for a traffic offense, the
   2-10  court shall report to the Department of Public Safety that the
   2-11  defendant successfully completed a young adult court program and
   2-12  the date of completion for inclusion in the defendant's driving
   2-13  record.
   2-14        (f)  The justice or municipal court may require a defendant
   2-15  who requests a young adult court program to pay a fee not to exceed
   2-16  $20 that is set by the court to cover the costs of administering
   2-17  this article.  The court shall pay $7 of any fee collected under
   2-18  this subsection to the young adult court program to cover the cost
   2-19  to the young adult court program for performing its duties under
   2-20  this article, and the young adult court program must account to the
   2-21  court for the receipt and disbursal of the fee.  The remainder of
   2-22  any fee collected under this subsection shall be deposited in the
   2-23  municipal treasury if collected by a municipal court and in the
   2-24  county treasury of the county in which the court is located if
   2-25  collected by a justice court.  A defendant who requests a young
   2-26  adult court program and fails to complete the program is not
   2-27  entitled to a refund of the fee.
    3-1        (g)  A court may transfer a case in which proceedings have
    3-2  been deferred under this article to a court in a contiguous county
    3-3  on consent of the defendant and the court to which the case is
    3-4  transferred.
    3-5        SECTION 2.  (a)  The change in law made by this Act applies
    3-6  only to an offense committed on or after the effective date of this
    3-7  Act.  For purposes of this section, an offense is committed before
    3-8  the effective date of this Act if any element of the offense occurs
    3-9  before that date.
   3-10        (b)  An offense committed before the effective date of this
   3-11  Act is covered by the law in effect when the offense was committed,
   3-12  and the former law is continued in effect for that purpose.
   3-13        SECTION 3.  This Act takes effect September 1, 1995.
   3-14        SECTION 4.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.