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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 in certain counties. |
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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. ESTABLISHMENT OF PROGRAM. The commissioners |
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court of a county with a population of one million or more but less |
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than 1.4 million shall establish a pretrial victim-offender |
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mediation program for persons who: |
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(1) have been arrested for or charged with an offense |
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under Section 28.03 or 31.03, Penal Code; and |
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(2) have not previously been convicted of an offense, |
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other than a misdemeanor regulating traffic and punishable by fine |
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only. |
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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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(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) 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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(d) 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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(e) 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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(f) 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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(g) 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, except that the attorney for the state or the |
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court may extend the time for compliance. |
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Art. 56.83. MEDIATION AGREEMENT. (a) A mediation agreement |
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under this subchapter must: |
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(1) be signed by the defendant and the victim; and |
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(2) be approved by the attorney representing the state |
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or the court. |
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(b) The period of a mediation agreement may not exceed one |
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year after the date on which the mediation agreement is approved. |
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(c) A mediation agreement under this subchapter does not |
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constitute a plea or legal admission of responsibility. |
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Art. 56.84. FEES. (a) A pretrial victim-offender |
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mediation program established under this subchapter may collect a |
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reasonable program fee not to exceed $750 from a defendant in the |
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program. |
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(b) Fees collected under this article 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. (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 described by Article |
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56.81, Code of Criminal Procedure, as added by this Act, shall |
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establish a pretrial victim-offender mediation program not later |
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than March 1, 2008. |
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SECTION 3. 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. |