79R9514 PEP-D

By:  Allen of Dallas                                              H.B. No. 2406



A BILL TO BE ENTITLED

AN ACT

relating to the procedures that apply to certain defendants who 
enter a drug court program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 469.001, Health and Safety Code, is 
amended to read as follows:
	Sec. 469.001.  DRUG COURT PROGRAM DEFINED; PROCEDURES FOR 
CERTAIN DEFENDANTS.  (a) In this chapter, "drug court program" 
means a program that has the following essential characteristics:
		(1)  the integration of alcohol and other drug 
treatment services in the processing of cases in the judicial 
system;
		(2)  the use of a nonadversarial approach involving 
prosecutors and defense attorneys to promote public safety and to 
protect the due process rights of program participants;
		(3)  early identification and prompt placement of 
eligible participants in the program;
		(4)  access to a continuum of alcohol, drug, and other 
related treatment and rehabilitative services;
		(5)  monitoring of abstinence through weekly alcohol 
and other drug testing;
		(6)  a coordinated strategy to govern program responses 
to participants' compliance;
		(7)  ongoing judicial interaction with program 
participants;                
		(8)  monitoring and evaluation of program goals and 
effectiveness;          
		(9)  continuing interdisciplinary education to promote 
effective program planning, implementation, and operations;  and
		(10)  development of partnerships with public agencies 
and community organizations.
	(b)  If a defendant enters a drug court program following an 
arrest for an offense punishable as a state jail felony, the court 
shall defer the state jail felony proceedings without entering a 
plea or an adjudication of guilt.  If the defendant successfully 
completes the program, the court shall dismiss the indictment or 
information charging the defendant with the commission of the 
offense and, without requiring an ex parte petition or other 
request from the defendant, enter an order of expunction under 
Chapter 55, Code of Criminal Procedure, with respect to all records 
and files related to the arrest.
	SECTION 2.  The change in law made by this Act applies to a 
defendant who enters a drug court program under Chapter 469, Health 
and Safety Code, regardless of whether the defendant committed the 
offense for which the defendant enters the program before, on, or 
after the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.