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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. Article 55.01(a),
Code of Criminal Procedure, is amended to read as follows:
(a) A person who has been
placed under a custodial or noncustodial arrest for commission of either a
felony or misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for
the offense for which the person was arrested and is:
(A) acquitted by the trial
court, except as provided by Subsection (c); or
(B) convicted and
subsequently:
(i) pardoned for a reason
other than that described by Subparagraph (ii); or
(ii) pardoned or otherwise
granted relief on the basis of actual innocence with respect to that
offense, if the applicable pardon or court order clearly indicates on its
face that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been
released and the charge, if any, has not resulted in a final conviction and
is no longer pending and there was no court-ordered community supervision
under Article 42.12 for the offense, unless the offense is a Class C
misdemeanor, provided that:
(A) regardless of whether
any statute of limitations exists for the offense and whether any
limitations period for the offense has expired, an indictment or
information charging the person with the commission of a misdemeanor
offense based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same transaction for
which the person was arrested:
(i) has not been presented
against the person at any time following the arrest, and:
(a) at least 180 days have
elapsed from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if there
was no felony charge arising out of the same transaction for which the
person was arrested;
(b) at least one year has
elapsed from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for which
the person was arrested;
(c) at least three years
have elapsed from the date of arrest if the arrest for which the expunction
was sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the person was
arrested; or
(d) the attorney
representing the state certifies that the applicable arrest records and
files are not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any
time following the arrest, was dismissed or quashed, and the court finds
that the indictment or information was dismissed or quashed because:
(a) the person was
arrested for a Class B or Class C misdemeanor and subsequently completed a
veterans treatment court program under Chapter 124, Government Code, or
former law;
(b) the person
completed a pretrial intervention program authorized under Section 76.011,
Government Code, or, if the person was arrested for an offense
punishable as a Class A misdemeanor or any higher category of offense, a
veterans treatment court program under Chapter 124, Government Code, or
former law;
(c) [because]
the presentment had been made because of mistake, false information, or
other similar reason indicating absence of probable cause at the time of
the dismissal to believe the person committed the offense; or
(d) [, or because]
the indictment or information was void; or
(B) prosecution of the
person for the offense for which the person was arrested is no longer
possible because the limitations period has expired.
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No
equivalent provision.
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SECTION 2. Section 1a,
Article 55.02, Code of Criminal Procedure, is amended by adding Subsection
(a-1) to read as follows:
(a-1) A trial court
dismissing a case of a person arrested for a Class B or Class C
misdemeanor, following the person's successful completion of a veterans
treatment court program created under Chapter 124, Government Code, or
former law, if the trial court is a district court, or a district court in
the county in which the trial court is located shall enter an order of
expunction for a person entitled to expunction under Article 55.01(a)(2)(A)(ii)(a)
not later than the 30th day after the date the court dismisses the case or
receives the information regarding that dismissal, as applicable.
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No
equivalent provision.
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SECTION 3. Section 2(a),
Article 55.02, Code of Criminal Procedure, is amended to read as follows:
(a) A person who is entitled
to expunction of records and files under Article 55.01(a)(1)(B)(i) or under
Article 55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a),
or a person who is eligible for expunction of records and files under
Article 55.01(b) may file an ex parte petition for expunction in a district
court for the county in which:
(1) the petitioner was
arrested; or
(2) the offense was alleged
to have occurred.
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No
equivalent provision.
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SECTION 4. Section
54.976(a), Government Code, is amended to read as follows:
(a) A judge may refer to a
magistrate any criminal case or matter relating to a criminal case for
proceedings involving:
(1) a negotiated plea of
guilty or no contest and sentencing;
(2) a pretrial motion;
(3) an examining trial;
(4) a writ of habeas corpus;
(5) a bond forfeiture suit;
(6) issuance of search
warrants;
(7) setting, setting
conditions, modifying, revoking, and surrendering of bonds, including
surety bonds;
(8) arraignment of
defendants;
(9) a motion to increase or
decrease a bond;
(10) a motion to revoke
community supervision or to proceed to an adjudication;
(11) an issue of competency
or a civil commitment under Chapter 46, 46B, or 46C, Code of Criminal
Procedure, with or without a jury;
(12) a motion to modify
community supervision;
(13) specialty court
proceedings, including drug court proceedings, veterans treatment [veteran's]
court proceedings, and driving while intoxicated court proceedings;
(14) an expunction or a
petition for nondisclosure;
(15) an occupational
driver's license;
(16) a waiver of
extradition;
(17) the issuance of
subpoenas and orders requiring the production of medical records, including
records relating to mental health or substance abuse treatment; and
(18) any other matter the
judge considers necessary and proper.
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No
equivalent provision.
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SECTION 6. The heading to
Chapter 124, Government Code, is amended to read as follows:
CHAPTER 124. VETERANS TREATMENT
COURT PROGRAM
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No
equivalent provision.
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SECTION 7. Section 124.001,
Government Code, is amended to read as follows:
Sec. 124.001. VETERANS TREATMENT
COURT PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this
chapter, "veterans treatment court program" means a
program that has the following essential characteristics:
(1) the integration of
services in the processing of cases in the judicial system;
(2) the use of a
nonadversarial approach involving prosecutors and defense attorneys to
promote public safety and to protect the due process rights of program
participants;
(3) early identification and
prompt placement of eligible participants in the program;
(4) access to a continuum of
alcohol, controlled substance, mental health, and other related treatment
and rehabilitative services;
(5) careful monitoring of
treatment and services provided to program participants;
(6) a coordinated strategy
to govern program responses to participants' compliance;
(7) ongoing judicial
interaction with program participants;
(8) monitoring and evaluation
of program goals and effectiveness;
(9) continuing
interdisciplinary education to promote effective program planning,
implementation, and operations; and
(10) development of
partnerships with public agencies and community organizations, including the
United States Department of Veterans Affairs.
(b) If a defendant who
was arrested for or charged with, but not convicted of or placed on
deferred adjudication community supervision for, an offense
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 veterans treatment court shall provide its findings with
respect to the dismissal to the court in which the criminal case is
pending and shall include, for a defendant entitled to expunction, all
of the information required for a petition under Section 2(b), Article
55.02, Code of Criminal Procedure. If the veterans treatment court
determines that a dismissal is in the best interest of justice for a
program participant, the court in which the criminal case is pending
shall dismiss the case [criminal action] against the participant.
For a participant who is entitled to an automatic order of expunction under
Section 1a(a-1), Article 55.02, Code of Criminal Procedure, the court in
which the criminal case is pending shall:
(1) enter the order on
behalf of the participant, if that court is a district court; or
(2) if that court is not
a district court, forward the appropriate dismissal and expunction
information to a district court with jurisdiction to enter the order on
behalf of the participant [defendant].
(c) Regardless of whether
the defendant was convicted of the offense for which the defendant entered
the veterans treatment court program or whether the applicable court with
jurisdiction over the criminal case deferred further proceedings without
entering an adjudication of guilt, if a defendant successfully completes a
veterans treatment court program and the case was not dismissed under
Subsection (b), after notice to the state and a hearing on whether the
defendant is otherwise entitled to the petition and whether issuance of the
order is in the best interest of justice, the court shall enter an order of
nondisclosure under Section 411.081 as if the defendant had received a
discharge and dismissal under Section 5(c), Article 42.12, Code of Criminal
Procedure, with respect to all records and files related to the defendant's
arrest for the offense for which the defendant entered the program if the
defendant entered the program based on an offense punishable as a
misdemeanor and:
(1) has not been
previously convicted of an offense listed in Section 3g, Article 42.12,
Code of Criminal Procedure, or a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure; and
(2) is not convicted for
any felony offense between the date on which the defendant successfully completed
the program and the second anniversary of that date.
(d) Notwithstanding
Subsection (c), a defendant is not entitled to petition the court for an
order of nondisclosure following successful completion of a veterans
treatment court program if the defendant's entry into the program arose as
the result of a conviction for an offense involving the operation of a
motor vehicle while intoxicated and it was shown on the trial of the
offense that the defendant's operation of a motor vehicle while intoxicated
caused bodily injury to another. In this subsection, "bodily
injury" has the meaning assigned by Section 1.07, Penal Code.
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SECTION 1. Section 124.002,
Government Code, is amended by amending Subsection
(a) and adding Subsection (d)
to read as follows:
(a) The commissioners court
of a county may establish a veterans court program for persons arrested for
or charged with any misdemeanor or felony offense.
A defendant is eligible to
participate in a veterans 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:
(1) the defendant:
(A) [(1)] is a
veteran or current member of the United States armed forces, including a
member of the reserves, national guard, or state guard; and
(B) [(2)]
suffers from a brain injury, mental illness, or mental disorder, including
post-traumatic stress disorder, or was a victim of military sexual
trauma if the injury, illness, disorder, or trauma [that]:
(i) occurred during or
[(A)] resulted from the defendant's military service [in a
combat zone or other similar hazardous duty area]; and
(ii) [(B)
materially] affected the defendant's criminal conduct at issue in the
case; or
(2) considering the
circumstances of the defendant's conduct, personal and social background,
and criminal history, the defendant's participation in a veterans court
program 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.
(d) In this section,
"military sexual trauma" means any sexual assault or sexual
harassment that occurs while the victim is a member of the United States
armed forces performing the person's regular duties.
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SECTION 8. Section 124.002,
Government Code, is amended to read as follows:
Sec. 124.002. AUTHORITY TO
ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court
of a county may establish a veterans treatment
court program for persons arrested for, [or] charged with,
convicted of, or placed on deferred
adjudication community supervision for 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 or in
which the defendant was convicted or placed on deferred adjudication
community supervision, as applicable, finds that:
(1) the defendant:
(A) [(1)] is a
veteran or current member of the United States armed forces, including a
member of the reserves, national guard, or state guard; and
(B) [(2)]
suffers from a brain injury, mental illness, or mental disorder, including
post-traumatic stress disorder, or was a victim of military sexual
trauma if the injury, illness, disorder, or trauma [that]:
(i) occurred during or
[(A)] resulted from the defendant's military service [in a combat
zone or other similar hazardous duty area]; and
(ii) [(B)
materially] affected the defendant's criminal conduct at issue in the
case; or
(2) considering the
circumstances of the defendant's conduct, personal and social background,
and criminal history, the defendant's participation in a veterans treatment court program 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.
(b)
The court in which the criminal case is pending shall allow an eligible
defendant to choose whether to proceed through the veterans treatment
court program or otherwise through the criminal justice system.
(c)
Proof of matters described by Subsection (a) may be submitted to the applicable
criminal court [in which the criminal case is pending] in any
form the court determines to be appropriate, including military service and
medical records, previous determinations of a disability by a veteran's
organization or by the United States Department of Veterans Affairs,
testimony or affidavits of other veterans or service members, and prior
determinations of eligibility for benefits by any state or county veterans
office. The court's findings must accompany any docketed case.
(d) In this section,
"military sexual trauma" means any sexual assault or sexual
harassment that occurs while the victim is a member of the United States
armed forces performing the person's regular duties.
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No
equivalent provision.
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SECTION 9. The heading to
Section 124.003, Government Code, is amended to read as follows:
Sec. 124.003. DUTIES OF
VETERANS TREATMENT COURT PROGRAM.
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No
equivalent provision.
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SECTION 10. Section 124.003,
Government Code, is amended by amending Subsections (a) and (b) and adding
Subsection (b-1) to read as follows:
(a) A veterans treatment
court program established under this chapter must:
(1) if there has not yet
been a disposition in the criminal case, ensure that a person
eligible for the program is provided legal counsel before volunteering to
proceed through the program and while participating in the program;
(2) allow a participant arrested
for or charged with an offense 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.
(b) A veterans treatment
court program established under this chapter shall make, establish, and
publish local procedures to ensure maximum participation of eligible
defendants in the county or counties in which those defendants reside.
(b-1) A veterans
treatment court program may allow a participant to comply with the
participant's court-ordered individualized treatment plan or to fulfill
certain other court obligations through the use of videoconferencing
software or other Internet-based communications.
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No
equivalent provision.
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SECTION 11. Section 124.004,
Government Code, is amended to read as follows:
Sec. 124.004. ESTABLISHMENT OF
REGIONAL PROGRAM. (a) The commissioners courts of two or more counties
may elect to establish a regional veterans treatment court program
under this chapter for the participating counties.
(b) For purposes of this
chapter, each county that elects to establish a regional veterans treatment
court program under this section is considered to have established the
program and is entitled to retain fees under Article 102.0178, Code of
Criminal Procedure, in the same manner as if the county had established a veterans
treatment court program without participating in a regional program.
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SECTION 2. Section
124.005(a), Government Code, is amended to read as follows:
(a) A veterans court program
established under this chapter may collect from a participant in the
program:
(1) a reasonable program fee
not to exceed $500 [$1,000]; and
(2) a testing, counseling,
and treatment fee in an amount necessary to cover the costs of any testing,
counseling, or treatment performed or provided under the program.
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SECTION 12. Section
124.005(a), Government Code, is amended to read as follows:
(a) A veterans treatment court program established
under this chapter may collect from a participant in the program:
(1) a reasonable program fee
not to exceed $500 [$1,000]; and
(2) a testing, counseling,
and treatment fee in an amount necessary to cover the costs of any testing,
counseling, or treatment performed or provided under the program.
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SECTION 3. Section 103.0271,
Government Code, is amended to read as follows:
Sec. 103.0271. ADDITIONAL
MISCELLANEOUS FEES AND COSTS: GOVERNMENT CODE. Fees and costs shall be
paid or collected under the Government Code as follows:
(1) a program fee for a drug
court program (Sec. 123.004, Government Code) . . . not to exceed $1,000;
(2) an alcohol or controlled
substance testing, counseling, and treatment fee (Sec. 123.004, Government
Code) . . . the amount necessary to cover the costs of testing, counseling,
and treatment;
(3) a reasonable program fee
for a veterans court program (Sec. 124.005, Government Code) . . . not to
exceed $500 [$1,000]; and
(4) a testing, counseling,
and treatment fee for testing, counseling, or treatment performed or
provided under a veterans court program (Sec. 124.005, Government Code) . .
. the amount necessary to cover the costs of testing, counseling, or
treatment.
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SECTION 5. Section 103.0271,
Government Code, is amended to read as follows:
Sec. 103.0271. ADDITIONAL
MISCELLANEOUS FEES AND COSTS: GOVERNMENT CODE. Fees and costs shall be
paid or collected under the Government Code as follows:
(1) a program fee for a drug
court program (Sec. 123.004, Government Code) . . . not to exceed $1,000;
(2) an alcohol or controlled
substance testing, counseling, and treatment fee (Sec. 123.004, Government
Code) . . . the amount necessary to cover the costs of testing, counseling,
and treatment;
(3) a reasonable program fee
for a veterans treatment
court program (Sec. 124.005, Government Code) . . . not to exceed $500
[$1,000]; and
(4) a testing, counseling,
and treatment fee for testing, counseling, or treatment performed or
provided under a veterans treatment
court program (Sec. 124.005, Government Code) . . . the amount necessary to
cover the costs of testing, counseling, or treatment.
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No
equivalent provision.
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SECTION 13. Chapter 124,
Government Code, is amended by adding Section 124.006 to read as follows:
Sec. 124.006. COURTESY
SUPERVISION. (a) A veterans treatment court program that accepts
placement of a defendant may transfer responsibility for supervising the
defendant's participation in the program to another veterans treatment
court program that is located in the county where the defendant works or
resides. The defendant's supervision may be transferred under this section
only with the consent of both veterans treatment court programs and the
defendant.
(b) A defendant that
consents to the transfer of the defendant's supervision must agree to abide
by all rules, requirements, and instructions of the veterans treatment
court program that accepts the transfer.
(c) If a defendant whose
supervision is transferred under this section does not successfully
complete the program, the veterans treatment court program supervising the
defendant shall return the responsibility for the defendant's supervision
to the veterans treatment court program that initiated the transfer.
(d) If a defendant is
charged with an offense in a county that does not operate a veterans
treatment court program, the court in which the criminal case is pending
may place the defendant in a veterans treatment court program located in
the county where the defendant works or resides, provided that a program is
operated in that county and the defendant agrees to the placement. A
defendant placed in a veterans treatment court program in accordance with
this subsection must agree to abide by all rules, requirements, and
instructions of the program.
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No
equivalent provision.
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SECTION 14. Section
772.0061(a)(2), Government Code, as amended by Chapters 747 (S.B. 462) and
1167 (S.B. 484), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
(2) "Specialty
court" means:
(A) a prostitution
prevention program established under Chapter 169A, Health and Safety Code;
(B) a family drug
court program established under Chapter 122 or former law;
(C) [(B)] a
drug court program established under Chapter 123 or former law;
(D) [(C)] a
veterans treatment court program established under Chapter 124 or
former law; and
(E) [(D)] a
mental health court program established under Chapter 125 or former law.
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No
equivalent provision.
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SECTION 15. (a) The changes
in law made by this Act in amending Chapter 55, Code of Criminal Procedure,
and in amending Section 124.001(b), Government Code, apply to the
expunction of arrest records and files for an arrested person who
successfully completes a veterans treatment court program under Chapter
124, Government Code, or former law, before, on, or after the effective
date of this Act, regardless of when the underlying arrest occurred.
(b) For a person who is
arrested for a Class B or Class C misdemeanor and who is entitled to
expunction under Article 55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure,
as added by this Act, based on a successful completion of a veterans
treatment court program under Chapter 124, Government Code, or former law,
before the effective date of this Act, notwithstanding the 30-day time
limit provided for the court to enter an automatic order of expunction
under Section 1a(a-1), Article 55.02, Code of Criminal Procedure, as added
by this Act, the court shall enter an order of expunction for the person as
soon as practicable after the court receives written notice from any party
to the case about the person's entitlement to the expunction.
(c) The change in law made
by this Act by adding Sections 124.001(c) and (d), Government Code, and
amending Section 124.002, Government Code, applies to a person who, on or
after the effective date of this Act, enters a veterans treatment court
program under Chapter 124, Government Code, regardless of whether the
person committed the offense for which the person enters the program
before, on, or after the effective date of this Act.
(d) The change in law made
by this Act in adding Section 124.006, Government Code, applies to a person
who, on or after the effective date of this Act, is under the supervision
of a veterans treatment court program.
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No
equivalent provision.
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SECTION 16. To the extent of
any conflict, this Act prevails over another Act of the 84th Legislature,
Regular Session, 2015, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 4. This Act takes
effect September 1, 2015.
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SECTION 17. Same as
introduced version.
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