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CONCURRENT RESOLUTION
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WHEREAS, House Bill No. 2139 has been adopted by the house of |
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representatives and the senate and is being prepared for |
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enrollment; and |
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WHEREAS, The bill contains technical errors that should be |
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corrected; now, therefore, be it |
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RESOLVED, by the 81st Legislature of the State of Texas, That |
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the enrolling clerk of the house of representatives be instructed |
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to correct House Bill No. 2139 by adding the following text between |
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pages 2 and 4 of the conference committee report to include the text |
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from page 3 of the draft conference committee report that was |
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inadvertently omitted from the conference committee report that was |
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filed in the house and senate: |
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admit guilt or enter a plea of guilty or nolo contendere to enter |
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the program. |
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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) If a case is returned to the docket under Subsection |
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(f), the defendant retains all of the rights that the defendant |
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possessed before entering the pretrial victim-offender mediation |
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program under this subchapter. Notwithstanding any other law, for |
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purposes of determining the duration and expiration of an |
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applicable statute of limitation under Chapter 12, the running of |
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the period of limitation is tolled while the defendant is enrolled |
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in a program under this subchapter. |
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(h) The court, on the motion of the attorney representing |
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the state, shall dismiss the indictment or information charging the |
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defendant with the commission of the offense, if the defendant: |
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(1) successfully completes the mediation agreement as |
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determined by the attorney representing the state; 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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(i) A determination by the court regarding whether the |