SRC-JJJ S.B. 185 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 185
76R3670 PEP-FBy: Barrientos
Criminal Justice
4/13/1999
As Filed


DIGEST 

Currently, Texas law authorizes a municipal judge or justice of the peace
to place conditions on a defendant convicted of a misdemeanor, but placed
on deferred adjudication.  However, there is no clear authority to require
drug testing or treatment or psychological testing.  S.B. 185 would
establish certain permissible conditions of placement on deferred
disposition for offenses involving the use of alcohol, a controlled
substance, or drugs.  

PURPOSE

As proposed, S.B. 185 establishes certain permissible conditions of
placement on deferred disposition for offenses involving the use of
alcohol, a controlled substance, or drugs. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 45.54(3), Code of Criminal Procedure, to
authorize a justice to require a defendant, during a deferral period,  to
submit to diagnostic testing for alcohol, controlled substance, or drug
use; submit to a psychosocial assessment; participate in a treatment or
education program; and pay for the cost of the testing and treatment.
Makes a standard recodification change. Makes conforming and nonsubstantive
changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.