79R6887 GWK-D

By:  Uresti                                                       H.B. No. 2853



A BILL TO BE ENTITLED

AN ACT

relating to pretrial diversion programs.                                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 1, Code of Criminal Procedure, is amended 
by adding Chapter 17B to read as follows:

CHAPTER 17B.  PRETRIAL DIVERSION PROGRAMS
	Art. 17B.01.  PROGRAMS AUTHORIZED.  District and county 
attorneys may operate pretrial diversion programs.
	Art. 17B.02.  DISCRETION.  Whether to grant a defendant the 
opportunity to participate in a pretrial diversion program is 
solely within the discretion of the prosecutor.
	Art. 17B.03.  CONDITIONS.  The prosecutor may impose 
reasonable conditions on a defendant participating in a pretrial 
diversion program.  Reasonable conditions include that the 
defendant:
		(1)  pay a fee to cover the reasonable costs of 
participation in the program;
		(2)  agree to abide by all laws and commit no new 
offenses;          
		(3)  waive the defendant's right to speedy trial;                      
		(4)  agree to support dependents and fulfill family 
responsibilities;
		(5)  agree to remain gainfully employed, to seek 
employment, or to attend school on a full-time basis;
		(6)  agree to report to the prosecutor or a community 
supervision and corrections department officer, as appropriate;
		(7)  agree to truthfully answer all inquiries directed 
to the defendant by the prosecutor, a court, or a community 
supervision and corrections department officer;
		(8)  agree to report, within 24 hours, any contact 
between the defendant and a peace officer to the prosecutor or a 
community supervision and corrections department officer;
		(9)  agree to report any change of address, within 
seven days, to the prosecutor or a community supervision and 
corrections department officer; and
		(10)  agree to comply with any other reasonable 
conditions imposed by the prosecutor on the defendant.
	Art. 17B.04.  FAILURE TO COMPLY WITH CONDITIONS; ADMONITION.  
Before placing a defendant in a pretrial diversion program, the 
prosecutor shall admonish the defendant that the failure of the 
defendant to comply with any condition imposed on the defendant may 
result in the forfeiture of any fee paid for the program and 
prosecution for the offense for which the defendant is charged.
	SECTION 2.  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.