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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment, operation, and funding of pretrial |
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victim-offender mediation programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 56, Code of Criminal Procedure, is |
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amended by adding Subchapter C to read as follows: |
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SUBCHAPTER C. PRETRIAL VICTIM-OFFENDER MEDIATION PROGRAM |
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Art. 56.81. AUTHORITY TO ESTABLISH PROGRAM. (a) The |
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commissioners court of a county or governing body of a municipality |
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may establish a pretrial victim-offender mediation program for |
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persons who: |
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(1) have been arrested for or charged with a |
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misdemeanor or state jail felony under Title 7, Penal Code; and |
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(2) have not previously been convicted of a felony or a |
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misdemeanor, other than a misdemeanor regulating traffic and |
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punishable by fine only. |
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(b) A commissioners court in a county with a population of |
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more than 100,000 shall establish a pretrial victim-offender |
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mediation program under this subchapter. |
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Art. 56.82. PROGRAM. (a) A pretrial victim-offender |
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mediation program established under Article 56.81 must require: |
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(1) the attorney representing the state to identify |
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defendants who are eligible to participate in the program, |
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including whether the defendant meets any additional locally |
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developed eligibility criteria; |
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(2) the attorney representing the state to obtain the |
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consent of the victim and the defendant before an eligible |
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defendant may proceed with pretrial victim-offender mediation; and |
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(3) the defendant to enter into a binding mediation |
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agreement in accordance with Article 56.83 that: |
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(A) includes an apology by the defendant; and |
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(B) requires the defendant to: |
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(i) pay restitution to the victim; or |
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(ii) perform community service. |
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(b) All communications made in a pretrial victim-offender |
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mediation program are confidential and may not be introduced into |
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evidence except in a proceeding involving a question concerning the |
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meaning of a mediation agreement. |
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(c) A pretrial victim-offender mediation program may |
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require the staff and other resources of pretrial services |
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departments, community supervision correction districts, juvenile |
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probation departments, and juvenile boards to assist in monitoring |
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the defendant's compliance with a mediation agreement reached |
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through the program. |
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(d) Pretrial victim-offender mediations may be conducted by |
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any person designated by the court, other than the attorney |
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representing the state or an attorney representing the defendant in |
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the criminal action, regardless of whether the designated person is |
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a trained mediator. |
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(e) If a defendant enters a pretrial victim-offender |
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mediation program, the court, with the consent of the attorney |
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representing the state, may defer the proceedings without accepting |
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a plea of guilty or nolo contendere or entering an adjudication of |
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guilt. |
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(f) The case must be returned to the docket and proceed |
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through the regular criminal justice system if: |
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(1) a pretrial victim-offender mediation does not |
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result in a mediation agreement; or |
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(2) the defendant fails to successfully fulfill the |
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terms of the mediation agreement by the date specified in the |
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mediation agreement. |
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(g) The court shall dismiss the indictment or information |
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charging the defendant with the commission of the offense, if the |
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defendant: |
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(1) successfully completes the mediation agreement as |
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determined by the court; and |
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(2) either: |
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(A) pays all court costs; or |
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(B) enters a payment plan approved by the court |
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or the attorney representing the state for such payment. |
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(h) A determination by the court regarding whether the |
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mediation agreement has been successfully completed is final and |
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may not be appealed, although the attorney for the state or the |
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court may extend the time for compliance. |
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(i) If the defendant is not arrested or convicted of a |
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subsequent felony or misdemeanor other than a misdemeanor |
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regulating traffic and punishable by fine only on or before the |
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first anniversary of the date the defendant successfully completed |
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a mediation agreement under the pretrial victim-offender mediation |
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program, on the motion of the defendant, the court shall enter an |
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order of nondisclosure under Section 411.081, Government Code, as |
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if the defendant had received a discharge and dismissal under |
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Section 5(c), Article 42.12, with respect to all records and files |
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related to the defendant's arrest for the offense for which the |
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defendant entered the pretrial victim-offender mediation program. |
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Art. 56.83. MEDIATION AGREEMENT. (a) A mediation agreement |
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under this chapter must: |
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(1) be signed by the defendant and the victim; and |
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(2) be ratified by the attorney representing the state |
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or the court. |
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(b) A mediation agreement may require testing, counseling, |
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and treatment of the defendant to address alcohol abuse, abuse of |
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controlled substances, mental health, or anger management or any |
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other service that is reasonably related to the offense for which |
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the defendant was arrested or charged. |
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(c) A mediation agreement may not last for more than one |
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year after the date on which the mediation agreement is ratified. |
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(d) A mediation agreement under this section does not |
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constitute a plea or legal admission of responsibility. |
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Art. 56.84. OVERSIGHT. (a) The lieutenant governor and the |
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speaker of the house of representatives may assign to appropriate |
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legislative committees duties relating to the oversight of pretrial |
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victim-offender mediation programs established under this |
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subchapter. |
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(b) A legislative committee or the governor may request the |
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state auditor to perform a management, operations, or financial or |
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accounting audit of a pretrial victim-offender mediation program |
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established under this subchapter. |
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(c) A county that establishes a pretrial victim-offender |
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mediation program may: |
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(1) notify the criminal justice division of the |
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governor's office when the county begins implementation of the |
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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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Art. 56.85. FEES. (a) A pretrial victim-offender |
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mediation program established under this subchapter may collect |
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from a defendant in the program: |
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(1) a reasonable program fee not to exceed $750; and |
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(2) an alcohol or controlled substance testing, |
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counseling, and treatment fee in an amount necessary to cover the |
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costs of the testing, counseling, or treatment if such testing, |
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counseling, or treatment is required by the mediation agreement. |
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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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pretrial victim-offender mediation program. The fees must be: |
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(1) based on the defendant's ability to pay; and |
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(2) used only for purposes specific to the program. |
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SECTION 2. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0179 to read as |
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follows: |
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Art. 102.0179. COSTS ATTENDANT TO CERTAIN NONVIOLENT |
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CONVICTIONS INVOLVING PROPERTY. (a) In addition to other costs on |
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conviction imposed by this chapter, a person shall pay $15 as a |
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court cost on conviction of a felony or misdemeanor under Title 7, |
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Penal Code. |
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(b) The court shall assess and make a reasonable effort to |
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collect the cost due under this article whether or not any other |
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court cost is assessed or collected. |
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(c) 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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(d) 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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(e) 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 (f), 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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(f) A county or municipality is entitled to: |
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(1) retain 40 percent of the funds collected under |
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this article by an officer of the county or municipality to be used |
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exclusively for the development and maintenance of pretrial |
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victim-offender mediation programs operated within the county or |
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municipality; and |
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(2) if the custodian of the county or municipal |
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treasury complies with Subsection (e), retain an additional 10 |
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percent of the funds collected under this article by an officer of |
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the county or municipality as a collection fee. |
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(g) 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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(h) The comptroller shall deposit the funds received under |
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this article to the credit of the pretrial victim-offender |
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mediation program account in the general revenue fund to help fund |
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pretrial victim-offender mediation programs established under |
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Subchapter C, Chapter 56, Code of Criminal Procedure. The |
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legislature shall appropriate money from the account solely to the |
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criminal justice division of the governor's office for distribution |
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to pretrial victim-offender mediation programs that apply for the |
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money. |
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(i) Funds collected under this article are subject to audit |
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by the comptroller. |
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SECTION 3. Subchapter B, Chapter 102, Government Code, is |
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amended by adding Section 102.0216 to read as follows: |
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Sec. 102.0216. 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 for felonies and |
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misdemeanors, other than misdemeanors regulating traffic and |
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punishable by fine only, to help fund pretrial victim-offender |
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mediation programs established under Subchapter C, Chapter 56, Code |
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of Criminal Procedure (Art. 102.0179, Code of Criminal |
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Procedure) . . . $15. |
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SECTION 4. (a) The change in law made by this Act in adding |
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Subchapter C, Chapter 56, Code of Criminal Procedure, applies to a |
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defendant who enters a pretrial victim-offender mediation program |
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under that chapter regardless of whether the defendant committed |
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the offense for which the defendant enters the program before, on, |
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or after the effective date of this Act. |
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(b) The commissioners court of a county required under |
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Article 56.81(b), Code of Criminal Procedure, as added by this Act, |
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to establish a pretrial victim-offender mediation program shall |
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establish the program not later than the later of: |
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(1) March 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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100,000. |
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(c) The change in law made by this Act in adding Article |
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102.0179, Code of Criminal Procedure, and Section 102.0216, |
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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 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |