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A BILL TO BE ENTITLED
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AN ACT
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relating to periodic court approval of participation by a criminal |
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defendant in a pretrial intervention program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.121 to read as follows: |
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Art. 42.121. PARTICIPATION IN PRETRIAL INTERVENTION |
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PROGRAM. (a) A prosecuting attorney must obtain the approval of the |
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court in which the defendant's case is pending before enrolling the |
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defendant in a pretrial intervention program under Section 76.011, |
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Government Code. |
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(b) The court must approve a defendant's continued |
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participation in a pretrial intervention program not later than the |
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60th day after the later of the date the court: |
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(1) approved the defendant's initial enrollment in the |
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program; or |
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(2) last approved the defendant's continued |
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participation in the program. |
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(c) Before approving a defendant's continued participation |
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in a pretrial intervention program, the court must obtain from the |
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prosecuting attorney information regarding: |
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(1) any agreement made between the prosecuting |
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attorney and the defendant; |
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(2) the defendant's progress in complying with |
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conditions imposed under the agreement; and |
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(3) the prosecuting attorney's opinion of the |
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likelihood that the defendant will successfully complete the |
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conditions imposed by the agreement. |
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SECTION 2. Article 42.121, Code of Criminal Procedure, as |
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added by this Act, applies only to a defendant whose criminal |
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prosecution is pending on the effective date of this Act and who has |
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not enrolled in a pretrial intervention program established under |
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Section 76.011, Government Code, before that date. A defendant who |
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is enrolled in a pretrial intervention program on the effective |
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date of this Act is governed by the law in effect at the time the |
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defendant enrolled in the program, except that the defendant is |
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subject to court approval of the defendant's continued |
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participation in the program as provided by Articles 42.121(b) and |
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(c), Code of Criminal Procedure, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |