By Wilson H.B. No. 2135
77R2908 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to community supervision for possession of a controlled
1-3 substance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 42.12, Code of Criminal Procedure, is
1-6 amended by adding Section 13H to read as follows:
1-7 Sec. 13H. COMMUNITY SUPERVISION FOR POSSESSION OF A
1-8 CONTROLLED SUBSTANCE. (a) On conviction of an offense under
1-9 Section 481.115, 481.1151, 481.116, 481.117, 481.118, 481.119(b),
1-10 or 481.121, Health and Safety Code, the judge shall suspend the
1-11 imposition of the sentence and place the defendant on community
1-12 supervision if the defendant:
1-13 (1) has not been previously convicted on two or more
1-14 occasions of an offense under Chapter 481, Health and Safety Code;
1-15 (2) has not been previously indicted or convicted of
1-16 an offense for which the defendant would be ineligible for
1-17 community supervision under this article;
1-18 (3) does not refuse treatment as a condition of
1-19 community supervision;
1-20 (4) was not convicted in the same proceeding of an
1-21 additional misdemeanor or felony unrelated to the conviction for an
1-22 offense under Chapter 481, Health and Safety Code; and
1-23 (5) is otherwise eligible for community supervision
1-24 under this article.
2-1 (b) The judge may suspend in whole or in part the imposition
2-2 of any fine imposed on a conviction if a defendant is placed on
2-3 community supervision under Subsection (c).
2-4 (c) A court granting community supervision under this
2-5 section shall require as a condition of community supervision that
2-6 the defendant:
2-7 (1) participate, for periods specified by the
2-8 commission, in a qualified drug dependency treatment or education
2-9 program and aftercare program approved by the Texas Commission on
2-10 Alcohol and Drug Abuse under Section 461.01221, Health and Safety
2-11 Code; and
2-12 (2) pay a fee to cover all or part of the cost of the
2-13 program based on the defendant's ability to pay.
2-14 (d) If a defendant placed on community supervision under
2-15 this section violates the terms of that supervision, the judge
2-16 shall modify the condition of supervision to include additional
2-17 conditions the court determines are appropriate, such as
2-18 intensified drug treatment, vocational training, family counseling,
2-19 literacy education, community service, or intensive supervision.
2-20 The judge may not revoke community supervision unless the defendant
2-21 commits an act resulting in the inapplicability of this section or
2-22 the defendant's ineligibility for community supervision under this
2-23 article.
2-24 (e) The clerk of the court that collects a fee imposed under
2-25 Subsection (c)(2) shall remit the fee to the comptroller, and the
2-26 comptroller shall deposit the fee into the general revenue fund.
2-27 (f) After completion of a qualified drug dependency
3-1 treatment or education program, a defendant may petition the court
3-2 for dismissal of the charges. If the judge finds that the
3-3 defendant successfully completed the program and substantially
3-4 complied with the conditions of community supervision, the judge
3-5 shall set aside the conviction in the manner provided by Section
3-6 20(a).
3-7 SECTION 2. Chapter 461, Health and Safety Code, is amended by
3-8 adding Section 461.01221 to read as follows:
3-9 Sec. 461.01221. DRUG DEPENDENCY TREATMENT OR EDUCATION
3-10 PROGRAM FOR PERSONS ON COMMUNITY SUPERVISION. (a) The executive
3-11 director shall employ or contract with qualified professionals to
3-12 implement the drug dependency treatment or education program for
3-13 persons required to participate in a program under Section 13H,
3-14 Article 42.12, Code of Criminal Procedure.
3-15 (b) For purposes of this section, a "qualified professional"
3-16 is a person who:
3-17 (1) is a certified alcohol and drug abuse counselor;
3-18 (2) is a certified social worker or advanced clinical
3-19 practitioner and has at least two years' experience in chemical
3-20 dependency counseling; or
3-21 (3) is a licensed professional counselor, physician,
3-22 or psychologist and has at least two years' experience in chemical
3-23 dependency counseling.
3-24 SECTION 3. This Act takes effect September 1, 2001.
3-25 SECTION 4. (a) In a criminal action under Section 481.115,
3-26 481.1151, 481.116, 481.117, 481.118, 481.119(b), or 481.121, Health
3-27 and Safety Code, pending on or commenced on or after the effective
4-1 date of this Act, for an offense committed before the effective
4-2 date, the defendant, if adjudged guilty, shall be assessed the
4-3 punishment under Section 13H, Article 42.12, Code of Criminal
4-4 Procedure, as added by this Act, if the defendant meets the
4-5 eligibility requirements under that section and other law and so
4-6 elects by written motion filed with the trial court before the
4-7 sentencing hearing begins.
4-8 (b) If the defendant does not make the election under
4-9 Subsection (a) of this section, punishment is covered by the law in
4-10 effect when the offense was committed, and the former law is
4-11 continued in effect for that purpose.