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.