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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing certain defendants to receive education at a |
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substance abuse treatment facility in lieu of attending an |
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education program; changing required conditions of community |
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supervision for certain defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13, Article 42.12, Code of Criminal |
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Procedure, is amended by amending Subsections (h) and (j) and |
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adding Subsection (o) to read as follows: |
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(h) If a person convicted of an offense under Sections |
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49.04-49.08, Penal Code, is placed on community supervision, the |
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judge shall require, as a condition of the community supervision, |
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that the defendant attend and successfully complete before the |
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181st day after the day community supervision is granted an |
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educational program jointly approved by the Department of State |
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Health Services [Texas Commission on Alcohol and Drug Abuse], the |
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Department of Public Safety, the Traffic Safety Section of the |
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Texas Department of Transportation, and the community justice |
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assistance division of the Texas Department of Criminal Justice |
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designed to rehabilitate persons who have driven while |
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intoxicated. The executive commissioner of the Health and Human |
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Services [Texas] Commission [on Alcohol and Drug Abuse] shall |
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publish the jointly approved rules and the Department of State |
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Health Services shall monitor, coordinate, and provide training to |
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persons providing the educational programs. The Department of |
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State Health Services [Texas Commission on Alcohol and Drug Abuse] |
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is responsible for the administration of the certification of |
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approved educational programs and may charge a nonrefundable |
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application fee for the initial certification of approval and for |
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renewal of a certificate. The judge may waive the educational |
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program requirement or may grant an extension of time to |
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successfully complete the program that expires not later than one |
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year after the beginning date of the person's community |
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supervision, however, if the defendant by a motion in writing shows |
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good cause. In determining good cause, the judge may consider but |
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is not limited to: the defendant's school and work schedule, the |
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defendant's health, the distance that the defendant must travel to |
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attend an educational program, and the fact that the defendant |
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resides out of state, has no valid driver's license, or does not |
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have access to transportation. The judge shall waive the |
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educational program requirement if the defendant participates in |
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equivalent education at a residential treatment facility under |
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Subsection (o). The judge shall set out in the judgment the finding |
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of good cause for waiver or the finding that the defendant has |
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received equivalent education as provided by Subsection (o), as |
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applicable [in the judgment]. If a defendant is required, as a |
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condition of community supervision, to attend an educational |
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program or if the court waives the educational program requirement |
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or the defendant participates in equivalent education under |
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Subsection (o), the court clerk shall immediately report that fact |
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to the Department of Public Safety, on a form prescribed by the |
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department, for inclusion in the person's driving record. If the |
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court grants an extension of time in which the person may complete |
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the program, the court clerk shall immediately report that fact to |
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the Department of Public Safety on a form prescribed by the |
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department. The report must include the beginning date of the |
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person's community supervision. Upon the person's successful |
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completion of the educational program, the person's instructor |
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shall give notice to the Department of Public Safety for inclusion |
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in the person's driving record and to the community supervision and |
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corrections department. The community supervision and corrections |
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department shall then forward the notice to the court clerk for |
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filing. Upon release from a residential treatment facility at |
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which the person received equivalent education under Subsection |
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(o), at the request of the court clerk, the director of the |
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residential treatment facility shall give notice to the Department |
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of Public Safety for inclusion in the person's driving record. If |
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the Department of Public Safety does not receive notice that a |
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defendant required to complete an educational program has |
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successfully completed the program within the period required by |
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this section, as shown on department records, the department shall |
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revoke the defendant's driver's license, permit, or privilege or |
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prohibit the person from obtaining a license or permit, as provided |
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by Sections 521.344(e) and (f), Transportation Code. The |
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Department of Public Safety may not reinstate a license suspended |
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under this subsection unless the person whose license was suspended |
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makes application to the department for reinstatement of the |
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person's license and pays to the department a reinstatement fee of |
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$100. The Department of Public Safety shall remit all fees |
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collected under this subsection to the comptroller for deposit in |
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the general revenue fund. This subsection does not apply to a |
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defendant if a jury recommends community supervision for the |
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defendant and also recommends that the defendant's driver's license |
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not be suspended. |
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(j) The judge shall require a defendant who is punished |
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under Section 49.09, Penal Code, as a condition of community |
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supervision, to attend and successfully complete an educational |
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program for repeat offenders approved by the Department of State |
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Health Services [Texas Commission on Alcohol and Drug Abuse]. The |
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executive commissioner of the Health and Human Services [Texas] |
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Commission [on Alcohol and Drug Abuse] shall adopt rules and the |
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Department of State Health Services shall monitor, coordinate, and |
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provide training to persons providing the educational programs. |
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The Department of State Health Services [Texas Commission on
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Alcohol and Drug Abuse] is responsible for the administration of |
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the certification of approved educational programs and may charge a |
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nonrefundable application fee for initial certification of |
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approval or for renewal of the certification. The judge may waive |
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the educational program requirement [only] if the defendant by a |
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motion in writing shows good cause. In determining good cause, the |
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judge may consider the defendant's school and work schedule, the |
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defendant's health, the distance that the defendant must travel to |
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attend an educational program, and whether the defendant resides |
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out of state or does not have access to transportation. The judge |
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shall waive the educational program requirement if the defendant |
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participates in equivalent education at a residential treatment |
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facility under Subsection (o). The judge shall set out in the |
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judgment the finding of good cause for waiver or the finding that |
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the defendant has received equivalent education as provided by |
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Subsection (o), as applicable [in the judgment]. If a defendant is |
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required, as a condition of community supervision, to attend an |
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educational program, the court clerk shall immediately report that |
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fact to the Department of Public Safety, on a form prescribed by the |
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department, for inclusion in the defendant's driving record. The |
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report must include the beginning date of the defendant's community |
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supervision. On the defendant's successful completion of the |
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educational program for repeat offenders, the defendant's |
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instructor shall give notice to the Department of Public Safety for |
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inclusion in the defendant's driving record and to the community |
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supervision and corrections department. The community supervision |
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and corrections department shall then forward the notice to the |
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court clerk for filing. If the Department of Public Safety does not |
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receive notice that a defendant required to complete an educational |
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program has successfully completed the program for repeat offenders |
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within the period required by the judge, as shown on department |
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records, the department shall revoke the defendant's driver's |
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license, permit, or privilege or prohibit the defendant from |
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obtaining a license or permit, as provided by Sections 521.344(e) |
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and (f), Transportation Code. |
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(o) A judge shall waive the educational requirement under |
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Subsection (h) or (j) for a defendant who is required to receive |
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treatment as a resident of a substance abuse treatment facility as a |
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condition of community supervision if the defendant receives |
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equivalent education while the defendant is confined to the |
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residential treatment facility. The Department of State Health |
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Services shall approve equivalent education provided at substance |
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abuse treatment facilities and the executive commissioner of the |
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Health and Human Services Commission shall adopt rules to implement |
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this subsection. For purposes of this subsection, a substance |
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abuse treatment facility includes: |
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(1) a substance abuse treatment facility or substance |
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abuse felony punishment facility operated by the Texas Department |
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of Criminal Justice under Section 493.009, Government Code; or |
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(2) a chemical dependency treatment facility licensed |
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under Chapter 464, Health and Safety Code. |
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SECTION 2. Sections 521.374, 521.375, and 521.376, |
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Transportation Code, are amended to read as follows: |
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Sec. 521.374. EDUCATIONAL PROGRAM OR EQUIVALENT EDUCATION. |
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(a) A person whose license is suspended under Section 521.372 may: |
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(1) 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; or |
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(2) receive education on the dangers of drug abuse |
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approved by the Department of State Health Services as equivalent |
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to the educational program described by Subdivision (1), while the |
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person is a resident of a facility for the treatment of drug abuse |
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or chemical dependency, including: |
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(A) a substance abuse treatment facility or |
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substance abuse felony punishment facility operated by the Texas |
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Department of Criminal Justice under Section 493.009, Government |
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Code; or |
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(B) a chemical dependency treatment facility |
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licensed under Chapter 464, Health and Safety Code. |
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(b) The period of suspension or prohibition under Section |
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521.372(c) continues for an indefinite period until the individual |
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successfully completes the educational program or is released from |
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the residential treatment facility at which the individual received |
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equivalent education, as applicable. |
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Sec. 521.375. JOINT ADOPTION OF RULES. (a) The executive |
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commissioner of the Health and Human Services [Texas] Commission |
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[on Alcohol and Drug Abuse] and the department shall jointly adopt |
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rules for the qualification and approval of: |
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(1) providers of educational programs under Section |
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521.374(a)(1); and |
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(2) equivalent education provided in a residential |
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treatment facility described by Section 521.374(a)(2) [521.374]. |
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(b) The Department of State Health Services [Texas
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Commission on Alcohol and Drug Abuse] shall publish the jointly |
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adopted rules. |
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Sec. 521.376. DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES |
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[TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE]; APPLICATION AND |
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RENEWAL FEES. The Department of State Health Services [Texas
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Commission on Alcohol and Drug Abuse]: |
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(1) shall monitor, coordinate, and provide training |
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to: |
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(A) persons who provide educational programs |
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under Section 521.374(a)(1) [521.374]; and |
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(B) residential treatment facilities described |
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by Section 521.374(a)(2) providing equivalent education; |
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(2) shall administer the approval of the [those] |
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educational programs and the equivalent education provided in a |
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residential treatment facility; and |
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(3) may charge a nonrefundable application fee to the |
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provider of an educational program under Section 521.374(a)(1) for: |
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(A) initial certification of approval; and |
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(B) renewal of the certification. |
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SECTION 3. Section 521.377(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department, on payment of the applicable fee, shall |
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reinstate a person's license or, if the person otherwise qualifies |
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for a license, issue the license, if: |
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(1) the department receives notification from the |
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clerk of the court in which the person was convicted that the person |
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has successfully completed an educational program under Section |
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521.374(a)(1) or equivalent education in a residential treatment |
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facility under Section 521.374(a)(2) [this subchapter]; and |
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(2) the person's driver's license has been suspended |
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or license application denied for at least the period provided by |
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Section 521.372(c). |
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SECTION 4. (a) The change in law made by this Act to Section |
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13, Article 42.12, Code of Criminal Procedure, applies to a |
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defendant placed on community supervision on or after the effective |
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date of this Act, regardless of whether the offense for which the |
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defendant was placed on community supervision occurred before, on, |
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or after that date. |
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(b) The change in law made by this Act to Subchapter P, |
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Chapter 521, Transportation Code, applies to a person whose |
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driver's license is suspended on final conviction of an offense on |
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or after the effective date of this Act, regardless of whether the |
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offense occurred before, on, or after that date. |
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SECTION 5. This Act takes effect September 1, 2015. |