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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain persons to participate in a |
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drug court program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 123.002, Government Code, is amended to |
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read as follows: |
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Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The |
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commissioners court of a county or governing body of a municipality |
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may establish the following types of drug court programs: |
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(1) drug courts for persons arrested for, charged |
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with, or convicted of: |
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(A) an offense in which an element of the offense |
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is the use or possession of alcohol or the use, possession, or sale |
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of a controlled substance, a controlled substance analogue, or |
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marihuana; or |
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(B) an offense in which the use of alcohol or a |
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controlled substance is suspected to have significantly |
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contributed to the commission of the offense [and the offense did
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not involve:
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[(i)
carrying, possessing, or using a
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firearm or other dangerous weapon;
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[(ii)
the use of force against the person of
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another; or
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[(iii)
the death of or serious bodily
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injury to another]; |
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(2) drug courts for juveniles detained for, taken into |
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custody for, or adjudicated as having engaged in: |
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(A) delinquent conduct, including habitual |
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felony conduct, or conduct indicating a need for supervision in |
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which an element of the conduct is the use or possession of alcohol |
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or the use, possession, or sale of a controlled substance, a |
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controlled substance analogue, or marihuana; or |
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(B) delinquent conduct, including habitual |
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felony conduct, or conduct indicating a need for supervision in |
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which the use of alcohol or a controlled substance is suspected to |
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have significantly contributed to the commission of the conduct |
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[and the conduct did not involve:
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[(i)
carrying, possessing, or using a
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firearm or other dangerous weapon;
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[(ii)
the use of force against the person of
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another; or
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[(iii)
the death of or serious bodily
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injury to another]; |
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(3) reentry drug courts for persons with a |
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demonstrated history of using alcohol or a controlled substance who |
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may benefit from a program designed to facilitate the person's |
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transition and reintegration into the community on release from a |
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state or local correctional facility; |
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(4) family dependency drug treatment courts for family |
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members involved in a suit affecting the parent-child relationship |
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in which a parent's use of alcohol or a controlled substance is a |
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primary consideration in the outcome of the suit; or |
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(5) programs for other persons not precisely described |
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by Subdivisions (1)-(4) who may benefit from a program that has the |
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essential characteristics described by Section 123.001. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |