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A BILL TO BE ENTITLED
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AN ACT
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relating to an alcohol awareness program or drug education program |
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for certain minors convicted of or adjudicated to have engaged in, |
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or placed on deferred disposition or community supervision for, |
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certain drug or alcohol related offenses; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (n) to read as follows: |
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(n)(1) If a judge grants community supervision to a |
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defendant younger than 18 years of age convicted of an |
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alcohol-related offense under Section 106.02, 106.025, 106.04, |
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106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section |
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49.02, Penal Code, or an offense involving possession of a |
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controlled substance or marihuana under Section 481.115, 481.1151, |
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481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety |
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Code, the judge may require the defendant as a condition of |
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community supervision to attend, as appropriate, an alcohol |
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awareness program approved under Section 106.115, Alcoholic |
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Beverage Code, or a drug education program that is designed to |
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educate persons on the dangers of drug abuse and is approved by the |
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Department of State Health Services in accordance with Section |
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521.374, Transportation Code. |
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(2) If a judge requires a defendant as a condition of |
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community supervision to attend an alcohol awareness program or |
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drug education program described by Subdivision (1), unless the |
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judge determines that the defendant is indigent and unable to pay |
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the cost, the judge shall require the defendant to pay the cost of |
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attending the program. The judge may allow the defendant to pay the |
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cost of attending the program in installments during the term of |
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community supervision. |
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SECTION 2. Article 45.051, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (g) to |
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read as follows: |
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(b) During the deferral period, the judge may require the |
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defendant to: |
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(1) post a bond in the amount of the fine assessed to |
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secure payment of the fine; |
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(2) pay restitution to the victim of the offense in an |
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amount not to exceed the fine assessed; |
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(3) submit to professional counseling; |
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(4) submit to diagnostic testing for alcohol or a |
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controlled substance or drug; |
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(5) submit to a psychosocial assessment; |
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(6) participate in an alcohol or drug abuse treatment |
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or education program, such as: |
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(A) a drug education program that is designed to |
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educate persons on the dangers of drug abuse and is approved by the |
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Department of State Health Services in accordance with Section |
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521.374, Transportation Code; or |
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(B) an alcohol awareness program described by |
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Section 106.115, Alcoholic Beverage Code; |
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(7) pay the costs of any diagnostic testing, |
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psychosocial assessment, or participation in a treatment or |
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education program either directly or through the court as court |
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costs; |
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(8) complete a driving safety course approved under |
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Chapter 1001, Education Code, or another course as directed by the |
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judge; |
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(9) present to the court satisfactory evidence that |
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the defendant has complied with each requirement imposed by the |
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judge under this article; and |
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(10) comply with any other reasonable condition. |
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(g) If a judge requires a defendant under Subsection (b) to |
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attend an alcohol awareness program or drug education program as |
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described by Subdivision (6) of that subsection, unless the judge |
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determines that the defendant is indigent and unable to pay the |
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cost, the judge shall require the defendant to pay the cost of |
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attending the program. The judge may allow the defendant to pay the |
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cost of attending the program in installments during the deferral |
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period. |
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SECTION 3. Section 53.03, Family Code, is amended by adding |
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Subsections (h-1) and (h-2) to read as follows: |
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(h-1) If the child is alleged to have engaged in delinquent |
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conduct or conduct indicating a need for supervision that violates |
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Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or |
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481.121, Health and Safety Code, deferred prosecution under this |
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section may include a condition that the child attend a drug |
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education program that is designed to educate persons on the |
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dangers of drug abuse and is approved by the Department of State |
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Health Services in accordance with Section 521.374, Transportation |
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Code. |
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(h-2) If the child is alleged to have engaged in delinquent |
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conduct or conduct indicating a need for supervision that violates |
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Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, |
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Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred |
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prosecution under this section may include a condition that the |
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child attend an alcohol awareness program described by Section |
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106.115, Alcoholic Beverage Code. |
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SECTION 4. Section 54.047, Family Code, is amended to read |
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as follows: |
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Sec. 54.047. ALCOHOL OR DRUG RELATED OFFENSE. (a) If the |
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court or jury finds at an adjudication hearing for a child that the |
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child engaged in delinquent conduct or conduct indicating a need |
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for supervision [or delinquent conduct] that constitutes a |
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violation of Section 481.115, 481.1151, 481.116, 481.1161, |
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481.117, 481.118, or 481.121, Health and Safety Code, the court may |
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order that the child attend a drug education program that is |
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designed to educate persons on the dangers of drug abuse and is |
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approved by the Department of State Health Services in accordance |
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with Section 521.374, Transportation Code. |
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(b) If the court or jury finds at an adjudication hearing |
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for a child that the child engaged in delinquent conduct or conduct |
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indicating a need for supervision that violates the alcohol-related |
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offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or |
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106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the |
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court may order that the child attend an alcohol awareness program |
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described by Section 106.115, Alcoholic Beverage Code. |
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(c) The court shall, in addition to any order described by |
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Subsection (a) or (b), [subject to a finding under Section
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54.04(c),] order[, in addition to any other order authorized by
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this title,] that, in the manner provided by Section 106.071(d), |
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Alcoholic Beverage Code: |
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(1) the child perform community service; and |
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(2) the child's driver's license or permit be |
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suspended or that the child be denied issuance of a driver's license |
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or permit. |
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(d) An order under this section: |
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(1) is subject to a finding under Section 54.04(c); |
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and |
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(2) may be issued in addition to any other order |
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authorized by this title. |
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(e) The Department of State Health Services: |
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(1) is responsible for the administration of the |
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certification of drug education programs; |
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(2) may charge a nonrefundable application fee for: |
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(A) initial certification of approval; or |
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(B) renewal of the certification; |
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(3) shall adopt rules regarding drug education |
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programs approved under this section; and |
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(4) shall monitor and provide training to a person who |
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provides a drug education program. |
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(f) If the court orders a child under Subsection (a) or (b) |
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to attend a drug education program or alcohol awareness program, |
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unless the court determines that the parent or guardian of the child |
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is indigent and unable to pay the cost, the court shall require the |
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child's parent or a guardian of the child to pay the cost of |
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attending the program. The court shall allow the child's parent or |
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guardian to pay the cost of attending the program in installments. |
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SECTION 5. Section 521.374(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person whose license is suspended under Section |
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521.372 may attend an educational program, approved by the |
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Department of State Health Services [Texas Commission on Alcohol
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and Drug Abuse] under rules adopted by the executive commissioner |
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of the Health and Human Services Commission [commission] and the |
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department, that is designed to educate persons on the dangers of |
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drug abuse. |
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SECTION 6. This Act takes effect September 1, 2015. |