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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 a veterans court program and the automatic expunction of arrest |
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records and files for certain veterans who successfully complete |
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that program; imposing a court cost on conviction to benefit |
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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. 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 completed a veterans |
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court program created under Chapter 124, Government Code, or former |
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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, other than a veterans court program created under Chapter |
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124, Government Code, or 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 following a person's |
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successful completion of a veterans court program created under |
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Chapter 124, Government Code, or former law, if the trial court is a |
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district court, or a district court in the county in which the trial |
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court is located shall enter an order of expunction for a person |
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entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not |
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later than the 30th day after the date the court dismisses the case |
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or receives the information regarding that dismissal, as |
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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. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0179 to read as |
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follows: |
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Art. 102.0179. COST ON CONVICTION TO BENEFIT VETERANS COURT |
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PROGRAMS. (a) In addition to other costs on conviction imposed by |
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this chapter, to benefit veterans court programs in this state a |
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person shall pay $2 as a court cost on conviction of any misdemeanor |
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or felony offense. |
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(b) For purposes of this article, a person is considered to |
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have been convicted if: |
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(1) a sentence is imposed; or |
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(2) the defendant receives community supervision or |
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deferred adjudication. |
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(c) Court costs under this article are collected in the same |
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manner as other fines or costs. An officer collecting the costs |
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shall keep separate records of the funds collected as costs under |
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this article and shall deposit the funds in the county treasury, as |
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appropriate. |
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(d) The custodian of a county treasury shall: |
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(1) keep records of the amount of funds on deposit |
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collected under this article; and |
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(2) except as provided by Subsection (e), send to the |
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comptroller before the last day of the first month following each |
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calendar quarter the funds collected under this article during the |
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preceding quarter. |
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(e) If a county has established a veterans court program or |
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establishes a veterans court program before the expiration of the |
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calendar quarter, the county is entitled to retain 60 percent of the |
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funds collected under this article by an officer of the county |
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during the calendar quarter to be used exclusively for the |
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development and maintenance of veterans court programs operated |
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within the county. |
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(f) If no funds due as costs under this article are |
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deposited in a county treasury in a calendar quarter, the custodian |
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of the treasury shall file the report required for the quarter in |
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the regular manner and must state that no funds were collected. |
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(g) The comptroller shall deposit the funds received under |
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this article to the credit of the veterans court account in the |
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general revenue fund to help fund veterans court programs |
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established under Chapter 124, Government Code, or former law. The |
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legislature shall appropriate money from the account solely to the |
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criminal justice division of the governor's office for distribution |
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to veterans court programs that apply for the money. |
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(h) Funds collected under this article are subject to audit |
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by the comptroller. |
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SECTION 5. Subchapter B, Chapter 102, Government Code, is |
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amended by adding Section 102.02111 to read as follows: |
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Sec. 102.02111. ADDITIONAL COURT COSTS ON CONVICTION: CODE |
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OF CRIMINAL PROCEDURE. A person convicted of a misdemeanor or |
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felony offense shall pay, in addition to all other costs, a court |
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cost on conviction to benefit veterans court programs in this state |
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(Art. 102.0179, Code of Criminal Procedure). . . $2. |
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SECTION 6. 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 7. Section 124.001(b), Government Code, is amended |
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to read as follows: |
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(b) If a defendant successfully completes a veterans court |
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program [as authorized under Section 76.011], after notice to the |
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attorney representing the state and a hearing in the veterans court |
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at which that court determines that a dismissal is in the best |
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interest of justice, the veterans court shall provide to the court |
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in which the criminal case is pending information about the |
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dismissal and shall include all of the information required for a |
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petition for expunction under Section 2(b), 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 dismiss the criminal action against the defendant and: |
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(1) if that trial court is a district court, the court |
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shall enter an order of expunction on behalf of the defendant under |
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Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or |
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(2) if that trial court is not a district court, the |
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court shall forward the appropriate dismissal and expunction |
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information to a district court with jurisdiction to enter an order |
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of expunction on behalf of the defendant under Section 1a(a-1), |
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Article 55.02, Code of Criminal Procedure. |
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SECTION 8. Section 124.002(a), Government Code, is amended |
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to read as 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 the |
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defendant's participation in the program and if the court in which |
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the criminal case is pending finds that the defendant[:
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[(1)] is a veteran or current member of the United |
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States armed forces, including a member of the reserves, national |
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guard, or state guard[; and
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[(2)
suffers from a brain injury, mental illness, or
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mental disorder, including post-traumatic stress disorder, that:
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[(A)
resulted from the defendant's military
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service in a combat zone or other similar hazardous duty area; and
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[(B)
materially affected the defendant's
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criminal conduct at issue in the case]. |
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SECTION 9. 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 10. Chapter 124, Government Code, is amended by |
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adding Section 124.006 to read as follows: |
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Sec. 124.006. TRANSFER OF SUPERVISION. A veterans court |
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program may transfer responsibility for a participant's |
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supervision to another veterans court program in the participant's |
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county of residence or to a different county selected by the |
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participant. |
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SECTION 11. Section 124.002(c), Government Code, is |
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repealed. |
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SECTION 12. (a) The changes in law made by this Act to |
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Chapter 55, Code of Criminal Procedure, and to Section 124.001(b), |
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Government Code, apply to the expunction of arrest records and |
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files for a person who successfully completes a veterans court |
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program under Chapter 124, Government Code, or former law, before, |
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on, or after the effective date of this Act, regardless of when the |
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underlying arrest occurred. |
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(b) For a person who is entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by |
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this Act, based on a successful completion of a veterans court |
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program under Chapter 124, Government Code, or former law, before |
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the effective date of this Act, notwithstanding the 30-day time |
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limit provided for the court to enter an automatic order of |
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expunction under Section 1a(a-1), Article 55.02, Code of Criminal |
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Procedure, as added by this Act, the court shall enter an order of |
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expunction for the person as soon as practicable after the court |
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receives written notice from any party to the case about the |
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person's entitlement to the expunction. |
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(c) Article 102.0179, Code of Criminal Procedure, as added |
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by this Act, applies only to a cost on conviction for an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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subsection, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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(d) The change in law made by this Act to Sections |
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124.002(a) and 124.005(a), Government Code, applies to a person |
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who, on or after the effective date of this Act, enters a veterans |
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court program under Chapter 124, Government Code, regardless of |
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whether the person committed the offense for which the person |
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enters the program before, on, or after the effective date of this |
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Act. |
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(e) The change in law made by this Act in adding Section |
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124.006, Government Code, applies to a person who, on or after the |
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effective date of this Act, is under the supervision of a veterans |
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court program. |
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SECTION 13. To the extent of any conflict, this Act prevails |
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over another Act of the 84th Legislature, Regular Session, 2015, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 14. This Act takes effect September 1, 2015. |