81R1672 KEL-D

By: Ellis S.B. No. 112

A BILL TO BE ENTITLED

AN ACT

relating to deferred prosecution programs for certain military service members and veterans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 32, Code of Criminal Procedure, is amended by adding Article 32.03 to read as follows:

Art. 32.03. DEFERRED PROSECUTION PROGRAMS FOR MILITARY SERVICE MEMBERS OR VETERANS. (a) For purposes of this article, "military service member or veteran" means an individual who is serving or has served in the army, navy, air force, marine corps, or coast guard of the United States or in an auxiliary service of one of those branches of the armed forces.

(b) The judges of the county courts, statutory county courts, and district courts trying criminal cases in each county, by local rule, shall establish and publish written countywide eligibility requirements and guidelines for implementation of a deferred prosecution program for military service members or veterans who demonstrate that their criminal conduct was materially affected by brain injuries or mental illnesses, including post-traumatic stress disorder, resulting from military service in a combat zone or other similar hazardous duty area. The court may:

(1) allow participation in the program by eligible defendants in misdemeanor or felony cases only as the court considers appropriate; and

(2) on its own motion, dismiss a criminal action against a defendant on the defendant's successful completion of the conditions imposed by the court under the program.

(c) The local rules for a program established under this article must require a qualified military or veterans organization to:

(1) promptly review the defendant's military record to determine the types of assignments in which the defendant served and evaluate a defendant's eligibility to participate in the program; and

(2) prepare and submit to the court in a timely manner a report that:

(A) confirms whether the defendant is a military service member or veteran;

(B) determines whether the defendant suffers from a brain injury or mental illness that resulted from the defendant's military service in a combat zone or other similar hazardous duty area; and

(C) recommends any available treatment options to address the defendant's brain injury or mental illness.

(d) The attorney representing the state and the attorney representing the defendant are each entitled to obtain independent evaluations of the defendant's eligibility to participate in the deferred prosecution program. The results of an independent evaluation must be reported to the court.

(e) The court shall consider the report prepared under Subsection (c) and any independent evaluations conducted under Subsection (d) in determining whether to allow a defendant to participate in the deferred prosecution program. The court shall require the defendant, as a condition of participating in the program, to pursue any available treatment option recommended in the report.

SECTION 2. Article 55.01(b), Code of Criminal Procedure, is amended to read as follows:

(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person [is]:

(1) is tried for the offense for which the person was arrested, [;

[(2)] convicted of the offense,[;] and

[(3)] acquitted by the court of criminal appeals; or

(2) in connection with the offense for which the person was arrested, successfully completes a deferred prosecution program established under Article 32.03, if the judge subsequently dismisses the criminal action against the person under Subsection (b)(2) of that article.

SECTION 3. The judges of the county courts, statutory county courts, and district courts trying criminal cases in each county shall establish the deferred prosecution program required by Article 32.03, Code of Criminal Procedure, as added by this Act, not later than September 1, 2010.

SECTION 4. This Act takes effect September 1, 2009.