84R11776 GCB-F
 
  By: Menéndez S.B. No. 1310
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of and eligibility for participation
  in a veterans court program and the automatic expunction of arrest
  records and files for certain veterans who successfully complete
  that program; imposing a court cost on conviction to benefit
  veterans court programs; changing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  A person who has been placed under a custodial or
  noncustodial arrest for commission of either a felony or
  misdemeanor is entitled to have all records and files relating to
  the arrest expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c); or
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); or
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
               (2)  the person has been released and the charge, if
  any, has not resulted in a final conviction and is no longer pending
  and there was no court-ordered community supervision under Article
  42.12 for the offense, unless the offense is a Class C misdemeanor,
  provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of a misdemeanor offense
  based on the person's arrest or charging the person with the
  commission of any felony offense arising out of the same
  transaction for which the person was arrested:
                           (i)  has not been presented against the
  person at any time following the arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a Class C misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (b)  at least one year has elapsed from
  the date of arrest if the arrest for which the expunction was sought
  was for an offense punishable as a Class B or A misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a felony or if there was a
  felony charge arising out of the same transaction for which the
  person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable arrest records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  arrest, was dismissed or quashed, and  the court finds that the
  indictment or information was dismissed or quashed because:
                                 (a)  the person completed a veterans
  court program created under Chapter 124, Government Code, or former
  law;
                                 (b)  the person completed a pretrial
  intervention program authorized under Section 76.011, Government
  Code, other than a veterans court program created under Chapter
  124, Government Code, or former law;
                                 (c)  [because] the presentment had
  been made because of mistake, false information, or other similar
  reason indicating absence of probable cause at the time of the
  dismissal to believe the person committed the offense; or
                                 (d)  [, or because] the indictment or
  information was void; or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         SECTION 2.  Section 1a, Article 55.02, Code of Criminal
  Procedure, is amended by adding Subsection (a-1) to read as
  follows:
         (a-1)  A trial court dismissing a case following a person's
  successful completion of a veterans court program created under
  Chapter 124, Government Code, or former law, if the trial court is a
  district court, or a district court in the county in which the trial
  court is located shall enter an order of expunction for a person
  entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not
  later than the 30th day after the date the court dismisses the case
  or receives the information regarding that dismissal, as
  applicable.
         SECTION 3.  Section 2(a), Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  A person who is entitled to expunction of records and
  files under Article 55.01(a)(1)(B)(i) or under Article 
  55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
  who is eligible for expunction of records and files under Article
  55.01(b) may file an ex parte petition for expunction in a district
  court for the county in which:
               (1)  the petitioner was arrested; or
               (2)  the offense was alleged to have occurred.
         SECTION 4.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.0179 to read as
  follows:
         Art. 102.0179.  COST ON CONVICTION TO BENEFIT VETERANS COURT
  PROGRAMS. (a) In addition to other costs on conviction imposed by
  this chapter, to benefit veterans court programs in this state a
  person shall pay $2 as a court cost on conviction of any misdemeanor
  or felony offense.
         (b)  For purposes of this article, a person is considered to
  have been convicted if:
               (1)  a sentence is imposed; or
               (2)  the defendant receives community supervision or
  deferred adjudication.
         (c)  Court costs under this article are collected in the same
  manner as other fines or costs. An officer collecting the costs
  shall keep separate records of the funds collected as costs under
  this article and shall deposit the funds in the county treasury, as
  appropriate.
         (d)  The custodian of a county treasury shall:
               (1)  keep records of the amount of funds on deposit
  collected under this article; and
               (2)  except as provided by Subsection (e), send to the
  comptroller before the last day of the first month following each
  calendar quarter the funds collected under this article during the
  preceding quarter.
         (e)  If a county has established a veterans court program or
  establishes a veterans court program before the expiration of the
  calendar quarter, the county is entitled to retain 60 percent of the
  funds collected under this article by an officer of the county
  during the calendar quarter to be used exclusively for the
  development and maintenance of veterans court programs operated
  within the county.
         (f)  If no funds due as costs under this article are
  deposited in a county treasury in a calendar quarter, the custodian
  of the treasury shall file the report required for the quarter in
  the regular manner and must state that no funds were collected.
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of the veterans court account in the
  general revenue fund to help fund veterans court programs
  established under Chapter 124, Government Code, or former law.  The
  legislature shall appropriate money from the account solely to the
  criminal justice division of the governor's office for distribution
  to veterans court programs that apply for the money.
         (h)  Funds collected under this article are subject to audit
  by the comptroller.
         SECTION 5.  Subchapter B, Chapter 102, Government Code, is
  amended by adding Section 102.02111 to read as follows:
         Sec. 102.02111.  ADDITIONAL COURT COSTS ON CONVICTION: CODE
  OF CRIMINAL PROCEDURE. A person convicted of a misdemeanor or
  felony offense shall pay, in addition to all other costs, a court
  cost on conviction to benefit veterans court programs in this state
  (Art. 102.0179, Code of Criminal Procedure). . . $2.
         SECTION 6.  Section 103.0271, Government Code, is amended to
  read as follows:
         Sec. 103.0271.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
  GOVERNMENT CODE.  Fees and costs shall be paid or collected under
  the Government Code as follows:
               (1)  a program fee for a drug court program (Sec.
  123.004, Government Code) . . . not to exceed $1,000;
               (2)  an alcohol or controlled substance testing,
  counseling, and treatment fee (Sec. 123.004, Government
  Code) . . . the amount necessary to cover the costs of testing,
  counseling, and treatment;
               (3)  a reasonable program fee for a veterans court
  program (Sec. 124.005, Government Code) . . . not to exceed $500 
  [$1,000]; and
               (4)  a testing, counseling, and treatment fee for
  testing, counseling, or treatment performed or provided under a
  veterans court program (Sec. 124.005, Government Code) . . . the
  amount necessary to cover the costs of testing, counseling, or
  treatment.
         SECTION 7.  Section 124.001(b), Government Code, is amended
  to read as follows:
         (b)  If a defendant successfully completes a veterans court
  program [as authorized under Section 76.011], after notice to the
  attorney representing the state and a hearing in the veterans court
  at which that court determines that a dismissal is in the best
  interest of justice, the veterans court shall provide to the court
  in which the criminal case is pending information about the
  dismissal and shall include all of the information required for a
  petition for expunction under Section 2(b), Article 55.02, Code of
  Criminal Procedure. The court in which the criminal case is pending
  shall dismiss the criminal action against the defendant and:
               (1)  if that trial court is a district court, the court
  shall enter an order of expunction on behalf of the defendant under
  Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or
               (2)  if that trial court is not a district court, the
  court shall forward the appropriate dismissal and expunction
  information to a district court with jurisdiction to enter an order
  of expunction on behalf of the defendant under Section 1a(a-1),
  Article 55.02, Code of Criminal Procedure.
         SECTION 8.  Section 124.002(a), Government Code, is amended
  to read as follows:
         (a)  The commissioners court of a county may establish a
  veterans court program for persons arrested for or charged with any
  misdemeanor or felony offense.  A defendant is eligible to
  participate in a veterans court program established under this
  chapter only if the attorney representing the state consents to the
  defendant's participation in the program and if the court in which
  the criminal case is pending finds that the defendant[:
               [(1)]  is a veteran or current member of the United
  States armed forces, including a member of the reserves, national
  guard, or state guard[; and
               [(2)     suffers from a brain injury, mental illness, or
  mental disorder, including post-traumatic stress disorder, that:
                     [(A)     resulted from the defendant's military
  service in a combat zone or other similar hazardous duty area; and
                     [(B)     materially affected the defendant's
  criminal conduct at issue in the case].
         SECTION 9.  Section 124.005(a), Government Code, is amended
  to read as follows:
         (a)  A veterans 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 10.  Chapter 124, Government Code, is amended by
  adding Section 124.006 to read as follows:
         Sec. 124.006.  TRANSFER OF SUPERVISION. A veterans court
  program may transfer responsibility for a participant's
  supervision to another veterans court program in the participant's
  county of residence or to a different county selected by the
  participant.
         SECTION 11.  Section 124.002(c), Government Code, is
  repealed.
         SECTION 12.  (a)  The changes in law made by this Act to
  Chapter 55, Code of Criminal Procedure, and to Section 124.001(b),
  Government Code, apply to the expunction of arrest records and
  files for a person who successfully completes a veterans 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 entitled to expunction under Article
  55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by
  this Act, based on a successful completion of a veterans 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)  Article 102.0179, Code of Criminal Procedure, as added
  by this Act, applies only to a cost on conviction for an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  subsection, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         (d)  The change in law made by this Act to Sections
  124.002(a) and 124.005(a), Government Code, applies to a person
  who, on or after the effective date of this Act, enters a veterans
  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.
         (e)  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
  court program.
         SECTION 13.  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 14.  This Act takes effect September 1, 2015.