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A BILL TO BE ENTITLED
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AN ACT
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relating to the redesignation of veterans court programs as |
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veterans treatment court programs, the administration of those |
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programs, the expunction of arrest records and files for certain |
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participants who successfully complete a program, and the issuance |
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of orders of nondisclosure for participants convicted of a |
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misdemeanor; changing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A person who has been placed under a custodial or |
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noncustodial arrest for commission of either a felony or |
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misdemeanor is entitled to have all records and files relating to |
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the arrest expunged if: |
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(1) the person is tried for the offense for which the |
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person was arrested and is: |
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(A) acquitted by the trial court, except as |
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provided by Subsection (c); or |
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(B) convicted and subsequently: |
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(i) pardoned for a reason other than that |
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described by Subparagraph (ii); or |
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(ii) pardoned or otherwise granted relief |
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on the basis of actual innocence with respect to that offense, if |
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the applicable pardon or court order clearly indicates on its face |
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that the pardon or order was granted or rendered on the basis of the |
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person's actual innocence; or |
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(2) the person has been released and the charge, if |
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any, has not resulted in a final conviction and is no longer pending |
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and there was no court-ordered community supervision under Article |
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42.12 for the offense, unless the offense is a Class C misdemeanor, |
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provided that: |
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(A) regardless of whether any statute of |
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limitations exists for the offense and whether any limitations |
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period for the offense has expired, an indictment or information |
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charging the person with the commission of a misdemeanor offense |
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based on the person's arrest or charging the person with the |
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commission of any felony offense arising out of the same |
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transaction for which the person was arrested: |
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(i) has not been presented against the |
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person at any time following the arrest, and: |
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(a) at least 180 days have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a Class C misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(b) at least one year has elapsed from |
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the date of arrest if the arrest for which the expunction was sought |
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was for an offense punishable as a Class B or A misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(c) at least three years have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a felony or if there was a |
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felony charge arising out of the same transaction for which the |
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person was arrested; or |
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(d) the attorney representing the |
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state certifies that the applicable arrest records and files are |
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not needed for use in any criminal investigation or prosecution, |
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including an investigation or prosecution of another person; or |
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(ii) if presented at any time following the |
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arrest, was dismissed or quashed, and the court finds that the |
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indictment or information was dismissed or quashed because: |
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(a) the person was arrested for a |
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Class B or Class C misdemeanor and subsequently completed a |
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veterans treatment court program under Chapter 124, Government |
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Code, or former law; |
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(b) the person completed a pretrial |
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intervention program authorized under Section 76.011, Government |
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Code, or, if the person was arrested for an offense punishable as a |
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Class A misdemeanor or any higher category of offense, a veterans |
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treatment court program under Chapter 124, Government Code, or |
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former law; |
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(c) [because] the presentment had |
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been made because of mistake, false information, or other similar |
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reason indicating absence of probable cause at the time of the |
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dismissal to believe the person committed the offense; or |
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(d) [, or because] the indictment or |
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information was void; or |
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(B) prosecution of the person for the offense for |
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which the person was arrested is no longer possible because the |
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limitations period has expired. |
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SECTION 2. Section 1a, Article 55.02, Code of Criminal |
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Procedure, is amended by adding Subsection (a-1) to read as |
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follows: |
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(a-1) A trial court dismissing a case of a person arrested |
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for a Class B or Class C misdemeanor, following the person's |
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successful completion of a veterans treatment court program created |
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under Chapter 124, Government Code, or former law, if the trial |
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court is a district court, or a district court in the county in |
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which the trial court is located shall enter an order of expunction |
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for a person entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date |
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the court dismisses the case or receives the information regarding |
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that dismissal, as applicable. |
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SECTION 3. Section 2(a), Article 55.02, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) A person who is entitled to expunction of records and |
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files under Article 55.01(a)(1)(B)(i) or under Article |
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55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person |
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who is eligible for expunction of records and files under Article |
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55.01(b) may file an ex parte petition for expunction in a district |
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court for the county in which: |
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(1) the petitioner was arrested; or |
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(2) the offense was alleged to have occurred. |
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SECTION 4. Section 54.976(a), Government Code, is amended |
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to read as follows: |
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(a) A judge may refer to a magistrate any criminal case or |
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matter relating to a criminal case for proceedings involving: |
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(1) a negotiated plea of guilty or no contest and |
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sentencing; |
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(2) a pretrial motion; |
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(3) an examining trial; |
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(4) a writ of habeas corpus; |
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(5) a bond forfeiture suit; |
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(6) issuance of search warrants; |
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(7) setting, setting conditions, modifying, revoking, |
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and surrendering of bonds, including surety bonds; |
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(8) arraignment of defendants; |
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(9) a motion to increase or decrease a bond; |
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(10) a motion to revoke community supervision or to |
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proceed to an adjudication; |
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(11) an issue of competency or a civil commitment |
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under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or |
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without a jury; |
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(12) a motion to modify community supervision; |
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(13) specialty court proceedings, including drug |
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court proceedings, veterans treatment [veteran's] court |
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proceedings, and driving while intoxicated court proceedings; |
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(14) an expunction or a petition for nondisclosure; |
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(15) an occupational driver's license; |
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(16) a waiver of extradition; |
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(17) the issuance of subpoenas and orders requiring |
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the production of medical records, including records relating to |
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mental health or substance abuse treatment; and |
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(18) any other matter the judge considers necessary |
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and proper. |
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SECTION 5. Section 103.0271, Government Code, is amended to |
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read as follows: |
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Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS: |
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GOVERNMENT CODE. Fees and costs shall be paid or collected under |
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the Government Code as follows: |
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(1) a program fee for a drug court program (Sec. |
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123.004, Government Code) . . . not to exceed $1,000; |
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(2) an alcohol or controlled substance testing, |
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counseling, and treatment fee (Sec. 123.004, Government |
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Code) . . . the amount necessary to cover the costs of testing, |
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counseling, and treatment; |
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(3) a reasonable program fee for a veterans treatment |
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court program (Sec. 124.005, Government Code) . . . not to exceed |
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$500 [$1,000]; and |
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(4) a testing, counseling, and treatment fee for |
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testing, counseling, or treatment performed or provided under a |
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veterans treatment court program (Sec. 124.005, Government |
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Code) . . . the amount necessary to cover the costs of testing, |
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counseling, or treatment. |
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SECTION 6. The heading to Chapter 124, Government Code, is |
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amended to read as follows: |
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CHAPTER 124. VETERANS TREATMENT COURT PROGRAM |
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SECTION 7. Section 124.001, Government Code, is amended to |
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read as follows: |
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Sec. 124.001. VETERANS TREATMENT COURT PROGRAM DEFINED; |
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PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans |
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treatment court program" means a program that has the following |
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essential characteristics: |
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(1) the integration of services in the processing of |
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cases in the judicial system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety and to |
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protect the due process rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to a continuum of alcohol, controlled |
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substance, mental health, and other related treatment and |
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rehabilitative services; |
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(5) careful monitoring of treatment and services |
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provided to program participants; |
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(6) a coordinated strategy to govern program responses |
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to participants' compliance; |
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(7) ongoing judicial interaction with program |
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participants; |
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(8) monitoring and evaluation of program goals and |
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effectiveness; |
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(9) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; and |
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(10) development of partnerships with public agencies |
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and community organizations, including the United States |
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Department of Veterans Affairs. |
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(b) If a defendant who was arrested for or charged with, but |
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not convicted of or placed on deferred adjudication community |
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supervision for, an offense successfully completes a veterans |
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treatment court program [as authorized under Section 76.011], after |
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notice to the attorney representing the state and a hearing in the |
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veterans treatment court at which that court determines that a |
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dismissal is in the best interest of justice, the veterans |
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treatment court shall provide its findings with respect to the |
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dismissal to the court in which the criminal case is pending and |
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shall include, for a defendant entitled to expunction, all of the |
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information required for a petition under Section 2(b), Article |
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55.02, Code of Criminal Procedure. If the veterans treatment court |
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determines that a dismissal is in the best interest of justice for a |
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program participant, the court in which the criminal case is |
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pending shall dismiss the case [criminal action] against the |
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participant. For a participant who is entitled to an automatic |
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order of expunction under Section 1a(a-1), Article 55.02, Code of |
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Criminal Procedure, the court in which the criminal case is pending |
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shall: |
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(1) enter the order on behalf of the participant, if |
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that court is a district court; or |
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(2) if that court is not a district court, forward the |
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appropriate dismissal and expunction information to a district |
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court with jurisdiction to enter the order on behalf of the |
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participant [defendant]. |
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(c) Regardless of whether the defendant was convicted of the |
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offense for which the defendant entered the veterans treatment |
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court program or whether the applicable court with jurisdiction |
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over the criminal case deferred further proceedings without |
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entering an adjudication of guilt, if a defendant successfully |
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completes a veterans treatment court program and the case was not |
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dismissed under Subsection (b), after notice to the state and a |
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hearing on whether the defendant is otherwise entitled to the |
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petition and whether issuance of the order is in the best interest |
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of justice, the court shall enter an order of nondisclosure under |
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Section 411.081 as if the defendant had received a discharge and |
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dismissal under Section 5(c), Article 42.12, Code of Criminal |
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Procedure, with respect to all records and files related to the |
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defendant's arrest for the offense for which the defendant entered |
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the program if the defendant entered the program based on an offense |
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punishable as a misdemeanor and: |
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(1) has not been previously convicted of an offense |
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listed in Section 3g, Article 42.12, Code of Criminal Procedure, or |
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a sexually violent offense, as defined by Article 62.001, Code of |
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Criminal Procedure; and |
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(2) is not convicted for any felony offense between |
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the date on which the defendant successfully completed the program |
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and the second anniversary of that date. |
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(d) Notwithstanding Subsection (c), a defendant is not |
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entitled to petition the court for an order of nondisclosure |
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following successful completion of a veterans treatment court |
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program if the defendant's entry into the program arose as the |
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result of a conviction for an offense involving the operation of a |
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motor vehicle while intoxicated and it was shown on the trial of the |
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offense that the defendant's operation of a motor vehicle while |
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intoxicated caused bodily injury to another. In this subsection, |
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"bodily injury" has the meaning assigned by Section 1.07, Penal |
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Code. |
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SECTION 8. Section 124.002, Government Code, is amended to |
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read as follows: |
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Sec. 124.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
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(a) The commissioners court of a county may establish a veterans |
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treatment court program for persons arrested for, [or] charged |
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with, convicted of, or placed on deferred adjudication community |
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supervision for any misdemeanor or felony offense. A defendant is |
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eligible to participate in a veterans treatment court program |
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established under this chapter only if the attorney representing |
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the state consents to the defendant's participation in the program |
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and if the court in which the criminal case is pending or in which |
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the defendant was convicted or placed on deferred adjudication |
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community supervision, as applicable, finds that: |
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(1) the defendant: |
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(A) [(1)] is a veteran or current member of the |
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United States armed forces, including a member of the reserves, |
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national guard, or state guard; and |
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(B) [(2)] suffers from a brain injury, mental |
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illness, or mental disorder, including post-traumatic stress |
|
disorder, or was a victim of military sexual trauma if the injury, |
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illness, disorder, or trauma [that]: |
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(i) occurred during or [(A)] resulted from |
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the defendant's military service [in a combat zone or other similar
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hazardous duty area]; and |
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(ii) [(B) materially] affected the |
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defendant's criminal conduct at issue in the case; or |
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(2) considering the circumstances of the defendant's |
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conduct, personal and social background, and criminal history, the |
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defendant's participation in a veterans treatment court program is |
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likely to achieve the objective of ensuring public safety through |
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rehabilitation of the veteran in the manner provided by Section |
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1.02(1), Penal Code. |
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(b) The court in which the criminal case is pending shall |
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allow an eligible defendant to choose whether to proceed through |
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the veterans treatment court program or otherwise through the |
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criminal justice system. |
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(c) Proof of matters described by Subsection (a) may be |
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submitted to the applicable criminal court [in which the criminal
|
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case is pending] in any form the court determines to be appropriate, |
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including military service and medical records, previous |
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determinations of a disability by a veteran's organization or by |
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the United States Department of Veterans Affairs, testimony or |
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affidavits of other veterans or service members, and prior |
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determinations of eligibility for benefits by any state or county |
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veterans office. The court's findings must accompany any docketed |
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case. |
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(d) In this section, "military sexual trauma" means any |
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sexual assault or sexual harassment that occurs while the victim is |
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a member of the United States armed forces performing the person's |
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regular duties. |
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SECTION 9. The heading to Section 124.003, Government Code, |
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is amended to read as follows: |
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Sec. 124.003. DUTIES OF VETERANS TREATMENT COURT PROGRAM. |
|
SECTION 10. Section 124.003, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A veterans treatment court program established under |
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this chapter must: |
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(1) if there has not yet been a disposition in the |
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criminal case, ensure that a person eligible for the program is |
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provided legal counsel before volunteering to proceed through the |
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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 |
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on the merits has been initiated; |
|
(3) provide a participant with a court-ordered |
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individualized treatment plan indicating the services that will be |
|
provided to the participant; and |
|
(4) ensure that the jurisdiction of the veterans |
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treatment court continues for a period of not less than six months |
|
but does not continue beyond the period of community supervision |
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for the offense charged. |
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(b) A veterans treatment court program established under |
|
this chapter shall make, establish, and publish local procedures to |
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ensure maximum participation of eligible defendants in the county |
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or counties in which those defendants reside. |
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(b-1) A veterans treatment court program may allow a |
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participant to comply with the participant's court-ordered |
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individualized treatment plan or to fulfill certain other court |
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obligations through the use of videoconferencing software or other |
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Internet-based communications. |
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SECTION 11. Section 124.004, Government Code, is amended to |
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read as follows: |
|
Sec. 124.004. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The |
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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 |
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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 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. |
|
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 |
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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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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. |
|
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. |
|
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. |
|
SECTION 17. This Act takes effect September 1, 2015. |