HB 3474, Sen 2nd Rdg, Amnd #F3

(2) In SECTION 6 of the bill, in amended Section 103.0271(3), Government Code (page 3, line 53), strike "$500 [~~$1,000~~];" and substitute "$1,000;".

(3) In SECTION 8 of the bill, strike amended Section 124.001(b), Government Code (page 4, lines 22-46), and added Sections 124.001(c) and (d), Government Code (page 4, line 47, through page 5, line 10), and substitute the following:

(b) If a defendant successfully completes a veterans treatment court program [~~as authorized under Section 76.011~~], after notice to the attorney representing the state and a hearing in the veterans treatment court at which that court determines that a dismissal is in the best interest of justice, the court in which the criminal case is pending shall dismiss the case [~~criminal action~~] against the defendant.

(4) Strike the recital to SECTION 9 of the bill (page 5, lines 11-12) and substitute the following:

SECTION 9. Effective September 1, 2015, Section 124.002, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows:

(5) In SECTION 9 of the bill, strike the heading to amended Section 124.002, Government Code (page 5, line 13), and amended Section 124.002(a), Government Code (page 5, lines 14-42), and substitute the following:

(a) The commissioners court of a county may establish a veterans treatment court program for persons arrested for or charged with any misdemeanor or felony offense. A defendant is eligible to participate in a veterans treatment court program established under this chapter only if the attorney representing the state consents to the defendant's participation in the program and if the court in which the criminal case is pending finds that the defendant[:

[~~(1)~~] is a veteran or current member of the United States armed forces, including a member of the reserves, national guard, or state guard, who:

(1) [~~; and (2)~~] suffers from a brain injury, mental illness, or mental disorder, including post-traumatic stress disorder, or was a victim of military sexual trauma that:

(A) occurred during or resulted from the defendant's military service [~~in a combat zone or other similar hazardous duty area~~]; and

(B) [~~materially~~] affected the defendant's criminal conduct at issue in the case; or

(2) is a defendant whose participation in a veterans treatment court program, considering the circumstances of the defendant's conduct, personal and social background, and criminal history, is likely to achieve the objective of ensuring public safety through rehabilitation of the veteran in the manner provided by Section 1.02(1), Penal Code.

(6) In SECTION 9 of the bill, strike amended Section 124.002(c), Government Code (page 5, lines 47-56).

(7) In SECTION 11 of the bill, strike amended Section 124.003(a), Government Code (page 5, line 67, through page 6, line 13), and substitute the following:

(a) A veterans treatment court program established under this chapter must:

(1) ensure that a defendant [~~person~~] eligible for participation in the program is provided legal counsel before volunteering to proceed through the program and while participating in the program;

(2) allow a participant to withdraw from the program at any time before a trial on the merits has been initiated;

(3) provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and

(4) ensure that the jurisdiction of the veterans treatment court continues for a period of not less than six months but does not continue beyond the period of community supervision for the offense charged.

(8) In SECTION 13 of the bill, in amended Section 124.005(a)(1), Government Code (page 6, lines 40-41), strike "$500 [~~$1,000~~];" and substitute "$1,000;".

(9) Strike SECTIONS 58 and 59 of the bill (page 21, lines 38-56).

(10) In SECTION 60 of the bill (page 21, lines 57-58), strike "adding Sections 124.001(c) and (d), Government Code, and".