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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of and eligibility for participation |
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in veterans court programs; changing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 124.002, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) The commissioners court of a county may establish a |
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veterans court program for persons arrested for or charged with any |
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misdemeanor or felony offense. A defendant is eligible to |
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participate in a veterans court program established under this |
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chapter only if [the attorney representing the state consents to
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the defendant's participation in the program and if] the court in |
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which the criminal case is pending 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 |
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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 court program is likely to |
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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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(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 2. Section 124.005(a), Government Code, is amended |
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to read as follows: |
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(a) A veterans court program established under this chapter |
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may collect from a participant in the program: |
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(1) a reasonable program fee not to exceed $500 |
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[$1,000]; and |
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(2) a testing, counseling, and treatment fee in an |
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amount necessary to cover the costs of any testing, counseling, or |
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treatment performed or provided under the program. |
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SECTION 3. 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 court |
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program (Sec. 124.005, Government Code) . . . not to exceed $500 |
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[$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 court program (Sec. 124.005, Government Code) . . . the |
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amount necessary to cover the costs of testing, counseling, or |
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treatment. |
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SECTION 4. This Act takes effect September 1, 2015. |