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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and funding of drug court programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 469.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 469.001. DRUG COURT PROGRAM DEFINED; PROCEDURES FOR |
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CERTAIN DEFENDANTS. (a) In this chapter, "drug court program" |
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means a program that has the following essential characteristics: |
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(1) the integration of alcohol and other drug |
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treatment services in the processing of cases in the judicial |
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system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety and to |
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protect the due process rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to a continuum of alcohol, drug, and other |
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related treatment and rehabilitative services; |
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(5) monitoring of abstinence through weekly alcohol |
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and other drug testing; |
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(6) a coordinated strategy to govern program responses |
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to participants' compliance; |
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(7) ongoing judicial interaction with program |
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participants; |
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(8) monitoring and evaluation of program goals and |
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effectiveness; |
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(9) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; and |
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(10) development of partnerships with public agencies |
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and community organizations. |
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(b) If a defendant successfully completes a drug court |
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program, regardless of whether the defendant was convicted of the |
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offense for which the defendant entered the program or whether the |
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court deferred further proceedings without entering an |
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adjudication of guilt, after notice to the state and a hearing on |
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whether the person is otherwise entitled to the petition and |
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whether issuance of the order is in the best interest of justice, |
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the court shall enter an order of nondisclosure under Section |
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411.081, Government Code, as if the defendant had received a |
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discharge and dismissal under Section 5(c), Article 42.12, Code of |
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Criminal Procedure, with respect to all records and files related |
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to the defendant's arrest for the offense for which the defendant |
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entered the program if the defendant: |
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(1) has not been previously convicted of a felony |
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offense; and |
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(2) is not convicted for any other felony offense |
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before the second anniversary of the defendant's successful |
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completion of the program. |
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(c) An order of nondisclosure issued under Subsection (b) |
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does not affect the consequences of a conviction with respect to any |
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driver's license suspension or denial. The Department of Public |
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Safety shall establish procedures to ensure compliance with this |
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subsection. |
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SECTION 2. Section 469.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 469.002. AUTHORITY TO ESTABLISH PROGRAM. The [Except
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as provided by Section 469.006, the] commissioners court of a |
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county or governing body of a municipality may establish the |
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following types of [a] drug court programs: |
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(1) drug courts for [program for] persons arrested |
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for, charged with, or convicted of: |
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(A) [(1)] an offense in which an element of the |
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offense is the use or possession of alcohol or the use, possession, |
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or sale of a controlled substance, a controlled substance analogue, |
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or marihuana; or |
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(B) [(2)] an offense in which the use of alcohol |
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or a controlled substance is suspected to have significantly |
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contributed to the commission of the offense and the offense did not |
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involve: |
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(i) [(A)] carrying, possessing, or using a |
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firearm or other dangerous weapon; |
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(ii) [(B)] the use of force against the |
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person of another; or |
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(iii) [(C)] the death of or serious bodily |
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injury to another; |
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(2) drug courts for juveniles detained for, taken into |
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custody for, or adjudicated as having engaged in: |
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(A) delinquent conduct, including habitual |
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felony conduct, or conduct indicating a need for supervision in |
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which an element of the conduct is the use or possession of alcohol |
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or the use, possession, or sale of a controlled substance, a |
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controlled substance analogue, or marihuana; or |
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(B) delinquent conduct, including habitual |
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felony conduct, or conduct indicating a need for supervision in |
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which the use of alcohol or a controlled substance is suspected to |
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have significantly contributed to the commission of the conduct and |
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the conduct did not involve: |
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(i) carrying, possessing, or using a |
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firearm or other dangerous weapon; |
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(ii) the use of force against the person of |
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another; or |
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(iii) the death of or serious bodily injury |
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to another; |
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(3) reentry drug courts for persons with a |
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demonstrated history of using alcohol or a controlled substance who |
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may benefit from a program designed to facilitate the person's |
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transition and reintegration into the community on release from a |
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state or local correctional facility; |
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(4) family dependency drug treatment courts for family |
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members involved in a suit affecting the parent-child relationship |
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in which a parent's use of alcohol or a controlled substance is a |
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primary consideration in the outcome of the suit; or |
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(5) programs for other persons not precisely described |
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by Subdivisions (1)-(4) who may benefit from a program that has the |
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essential characteristics described by Section 469.001. |
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SECTION 3. Section 469.003, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A drug court program established under Section 469.002 |
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shall: |
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(1) notify the criminal justice division of the |
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governor's office before or on implementation of the program; and |
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(2) provide information regarding the performance of |
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the program to the division on request. |
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SECTION 4. Section 469.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 469.004. FEES. (a) A drug court program established |
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under Section 469.002 may collect from a participant in the |
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program: |
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(1) a reasonable program fee not to exceed $1,000[,
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which may be paid on a periodic basis or on a deferred payment
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schedule at the discretion of the judge, magistrate, or program
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director administering the program]; and |
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(2) an alcohol or controlled substance [a urinalysis] |
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testing, [and] counseling, and treatment fee[:
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[(A) based on the participant's ability to pay;
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and
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[(B)] in an amount necessary to cover the costs |
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of the testing, [and] counseling, and treatment. |
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(b) Fees collected under this section may be paid on a |
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periodic basis or on a deferred payment schedule at the discretion |
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of the judge, magistrate, or program director administering the |
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program. The fees must be: |
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(1) [A drug court program may require a participant to
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pay all treatment costs incurred while participating in the
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program,] based on the participant's ability to pay; and |
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(2) used only for purposes specific to the program. |
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SECTION 5. Section 469.006, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 469.006. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a) |
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The commissioners court of a county with a population of more than |
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200,000 [550,000] shall establish a drug court program under |
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Subdivision (1) of Section 469.002. |
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(b) [A drug court program required under this section to be
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established must have at least 100 participants during the first
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four months in which the program is operating.
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[(c)] A county required under this section to establish a |
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drug court program shall apply for [to the] federal and state |
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[government for any] funds available to pay the costs of the |
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program. The criminal justice division of the governor's office |
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may assist a county in applying for federal funds as required by |
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this subsection[, including providing financial assistance to the
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county]. |
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(c) Notwithstanding Subsection (a), a county is required to |
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establish a drug court program under this section only if the county |
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receives federal or state funding, including funding under Article |
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102.0178, Code of Criminal Procedure, specifically for that |
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purpose. |
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(d) A county that does not establish a drug court program as |
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required by this section and maintain the program is ineligible to |
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receive from the state: |
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(1) funds for a community supervision and corrections |
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department; and |
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(2) grants for substance abuse treatment programs |
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administered by the criminal justice division of the governor's |
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office. |
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SECTION 6. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0178 to read as |
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follows: |
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Art. 102.0178. COSTS ATTENDANT TO CERTAIN INTOXICATION AND |
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DRUG CONVICTIONS. (a) In addition to other costs on conviction |
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imposed by this chapter, a person shall pay $50 as a court cost on |
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conviction of an offense under: |
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(1) Chapter 49, Penal Code; or |
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(2) Chapter 481, Health and Safety Code. |
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(b) For purposes of this article, a person is considered to |
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have been convicted if: |
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(1) a sentence is imposed; |
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(2) the defendant receives community supervision or |
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deferred adjudication; or |
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(3) the court defers final disposition of the case. |
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(c) Court costs under this article are collected in the same |
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manner as other fines or costs. An officer collecting the costs |
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shall keep separate records of the funds collected as costs under |
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this article and shall deposit the funds in the county or municipal |
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treasury, as appropriate. |
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(d) The custodian of a county or municipal treasury shall: |
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(1) keep records of the amount of funds on deposit |
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collected under this article; and |
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(2) except as provided by Subsection (e), send to the |
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comptroller before the last day of the first month following each |
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calendar quarter the funds collected under this article during the |
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preceding quarter. |
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(e) A county or municipality is entitled to: |
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(1) if the custodian of the county or municipal |
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treasury complies with Subsection (d), retain 10 percent of the |
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funds collected under this article by an officer of the county or |
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municipality during the calendar quarter as a service fee; and |
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(2) if the county or municipality has established a |
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drug court program or establishes a drug court program before the |
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expiration of the calendar quarter, retain in addition to the 10 |
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percent authorized by Subdivision (1) another 50 percent of the |
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funds collected under this article by an officer of the county or |
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municipality during the calendar quarter to be used exclusively for |
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the development and maintenance of drug court programs operated |
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within the county or municipality. |
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(f) If no funds due as costs under this article are |
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deposited in a county or municipal treasury in a calendar quarter, |
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the custodian of the treasury shall file the report required for the |
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quarter in the regular manner and must state that no funds were |
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collected. |
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(g) The comptroller shall deposit the funds received under |
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this article to the credit of the drug court account in the general |
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revenue fund to help fund drug court programs established under |
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Chapter 469, Health and Safety Code. The legislature shall |
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appropriate money from the account solely to the criminal justice |
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division of the governor's office for distribution to drug court |
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programs that apply for the money. |
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(h) Funds collected under this article are subject to audit |
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by the comptroller. |
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SECTION 7. Chapter 54, Government Code, is amended by |
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adding Subchapter GG to read as follows: |
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SUBCHAPTER GG. MAGISTRATES FOR DRUG COURT PROGRAMS |
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Sec. 54.1801. DEFINITION. In this chapter, "drug court" |
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has the meaning assigned by Section 469.001, Health and Safety |
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Code. |
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Sec. 54.1802. APPLICATION OF SUBCHAPTER. This subchapter |
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applies to each district court in this state. If a provision of |
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this subchapter conflicts with a specific provision for a |
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particular district court, the specific provision controls. |
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Sec. 54.1803. APPOINTMENT. (a) The judges of the district |
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courts of a county hearing criminal cases, with the consent and |
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approval of the commissioners court of the county, may appoint the |
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number of magistrates set by the commissioners court to perform the |
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duties associated with the administration of drug courts as |
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authorized by this subchapter. |
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(b) Each magistrate's appointment must be made with the |
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approval of the majority of the judges described in Subsection (a). |
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(c) A magistrate appointed under this section serves at the |
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will of a majority of the appointing judges. |
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Sec. 54.1804. QUALIFICATIONS. A magistrate must: |
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(1) be a resident of this state and of the county in |
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which the magistrate is appointed to serve under this subchapter; |
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and |
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(2) have been licensed to practice law in this state |
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for at least four years. |
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Sec. 54.1805. COMPENSATION. A magistrate is entitled to |
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the salary determined by the county commissioners court. |
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Sec. 54.1806. JUDICIAL IMMUNITY. A magistrate has the same |
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judicial immunity as a district judge. |
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Sec. 54.1807. PROCEEDINGS THAT MAY BE REFERRED. (a) A |
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district judge may refer to a magistrate a criminal case for drug |
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court proceedings. |
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(b) A magistrate may not preside over a contested trial on |
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the merits, regardless of whether the trial is before a jury. |
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Sec. 54.1808. ORDER OF REFERRAL. (a) To refer one or more |
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cases to a drug court magistrate, a district judge must issue an |
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order of referral specifying the magistrate's duties. |
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(b) An order of referral may: |
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(1) limit the powers of the magistrate and direct the |
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magistrate to report on specific issues and perform particular |
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acts; |
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(2) set the time and place for the hearing; |
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(3) provide a date for filing the magistrate's |
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findings; |
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(4) designate proceedings for more than one case over |
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which the magistrate shall preside; and |
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(5) set forth general powers and limitations of |
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authority of the magistrate applicable to any case referred. |
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Sec. 54.1809. POWERS. (a) Except as limited by an order of |
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referral, a magistrate to whom a drug court case is referred may: |
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(1) conduct hearings; |
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(2) hear evidence; |
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(3) compel production of relevant evidence; |
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(4) rule on admissibility of evidence; |
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(5) issue summons for the appearance of witnesses; |
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(6) examine witnesses; |
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(7) swear witnesses for hearings; and |
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(8) perform any act and take any measure necessary and |
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proper for the efficient performance of the duties assigned by the |
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district judge. |
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(b) A magistrate may not enter a ruling on any issue of law |
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or fact if that ruling could result in dismissal or require |
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dismissal of a pending criminal prosecution, but the magistrate may |
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make findings, conclusions, and recommendations on those issues. |
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SECTION 8. Subchapter B, Chapter 102, Government Code, is |
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amended by adding Section 102.0215 to read as follows: |
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Sec. 102.0215. ADDITIONAL COURT COSTS ON CONVICTION: CODE |
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OF CRIMINAL PROCEDURE. A person convicted of an offense shall pay |
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under the Code of Criminal Procedure, in addition to all other |
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costs, costs attendant to convictions under Chapter 49, Penal Code, |
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and under Chapter 481, Health and Safety Code, to help fund drug |
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court programs established under Chapter 469, Health and Safety |
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Code (Art. 102.0178, Code of Criminal Procedure) . . . $50. |
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SECTION 9. (a) The change in law made by this Act in |
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amending Section 469.001, Health and Safety Code, applies to a |
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defendant who enters a drug court program under Chapter 469, Health |
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and Safety Code, regardless of whether the defendant committed the |
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offense for which the defendant enters the program before, on, or |
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after the effective date of this Act. |
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(b) The commissioners court of a county required under |
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Section 469.006(b), Health and Safety Code, as amended by this Act, |
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to establish a drug court program shall establish the program not |
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later than the later of: |
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(1) September 1, 2008; or |
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(2) the first anniversary of the initial date on which |
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the federal census indicates that the county's population exceeds |
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200,000. |
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(c) The change in law made by this Act in adding Article |
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102.0178, Code of Criminal Procedure, and Section 102.0215, |
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Government Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this subsection, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |