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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. 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 2. 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
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.
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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 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 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.
(d) In this section,
"military sexual trauma" means a
brain injury, mental illness, or mental disorder that, in the opinion of a
mental health professional, resulted from a physical assault of a sexual
nature, a battery of a sexual nature, or an instance of sexual harassment
that occurred while the veteran was serving on active duty, active duty for
training, or inactive duty training.
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SECTION 3. Section 124.002,
Government Code, is amended by amending Subsections (a) and (b) and adding
Subsection (d) to read as follows:
(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.
(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.
(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 4. 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 5. 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) 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.
(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 6. 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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No
equivalent provision.
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SECTION 7. 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 $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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No
equivalent provision.
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SECTION 8. 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 who
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 9. 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 10. 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 $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 11. 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 12. (a) The change
in law made by this Act by 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.
(b) 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 13. 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 2. This Act takes
effect September 1, 2015.
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SECTION 14. Same as engrossed
version.
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