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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for participation in veterans court |
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programs. |
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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 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: |
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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. This Act takes effect September 1, 2015. |