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A BILL TO BE ENTITLED
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AN ACT
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relating to a reemployment program as a condition of community |
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supervision for certain veterans who commit a misdemeanor offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42A, Code of Criminal Procedure, is |
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amended by adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. VETERANS REEMPLOYMENT PROGRAM |
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Art. 42A.381. VETERANS REEMPLOYMENT PROGRAM. In this |
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subchapter "veterans reemployment program" means a program that |
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provides education and training to veterans with the goal that the |
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veterans become gainfully employed. |
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Art. 42A.382. ELIGIBILITY. (a) A defendant placed on |
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deferred adjudication community supervision for or convicted of a |
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misdemeanor offense is eligible to participate in a veterans |
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reemployment program established under this subchapter if the |
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defendant is a veteran of the United States armed forces, including |
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a member of the reserves, national guard, or state guard. |
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(b) The judge granting community supervision to a defendant |
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described by Subsection (a) shall inform the defendant of the |
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defendant's eligibility for the program but may not require the |
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defendant to participate in the program. |
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(c) A judge may additionally impose any condition of |
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community supervision that the judge is authorized to impose under |
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this chapter on a defendant who chooses to participate in the |
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program under this subchapter. |
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Art. 42A.383. EDUCATION AND TRAINING COURSES. (a) A |
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participant in the program shall diligently attend workforce |
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development education and training courses developed or approved by |
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the Texas Workforce Commission under Chapter 316, Labor Code, as |
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directed by the court. |
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(b) The education and training courses under this article |
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must focus on providing a participant with useful workplace skills |
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most likely to lead to gainful employment by the participant. |
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(c) The education and training courses may be |
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individualized based on any physical or intellectual limitations of |
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the participant. |
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Art. 42A.384. COMPLETION OF PROGRAM. A participant |
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successfully completes the veterans reemployment program if the |
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participant completes the education and training courses required |
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by the court and: |
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(1) obtains employment and retains that employment for |
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three continuous months; |
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(2) diligently searches for employment for a |
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continuous period of six months; or |
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(3) is determined by the court to be unemployable |
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because of a disability. |
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Art. 42A.385. FAILURE TO COMPLETE PROGRAM. (a) The judge |
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may not revoke the community supervision of a defendant who fails to |
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complete the program under this subchapter. |
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(b) If the defendant fails to complete the program under |
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this subchapter, the judge may: |
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(1) modify the defendant's conditions of community |
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supervision; and |
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(2) extend the period of community supervision so that |
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the defendant may comply with the conditions under Subdivision (1). |
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SECTION 2. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0729 to read as follows: |
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Sec. 411.0729. PROCEDURE FOR CERTAIN VETERANS. On |
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successful completion of the veterans reemployment program created |
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under Subchapter H-1, Chapter 42A, Code of Criminal Procedure, and |
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all other conditions of the defendant's community supervision, |
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regardless of whether the defendant meets the eligibility criteria |
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under this subchapter, after notice to the state and a hearing on |
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whether issuance of an order of nondisclosure is in the best |
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interest of justice, the court shall enter an order of |
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nondisclosure with respect to all records of the offense for which |
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the defendant was convicted or placed on deferred adjudication |
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community supervision. |
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SECTION 3. Subtitle B, Title 4, Labor Code, is amended by |
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adding Chapter 316 to read as follows: |
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CHAPTER 316. VETERANS REEMPLOYMENT EDUCATION AND TRAINING COURSES |
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Sec. 316.001. VETERANS REEMPLOYMENT PROGRAM. In this |
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chapter "veterans reemployment program" means the community |
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supervision program created under Subchapter H-1, Chapter 42A, Code |
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of Criminal Procedure. |
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Sec. 316.002. EDUCATION AND TRAINING COURSES. (a) The |
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commission shall develop or approve education and training courses |
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to assist veterans convicted of or placed on deferred adjudication |
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community supervision for a misdemeanor offense under Subchapter |
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H-1, Chapter 42A, Code of Criminal Procedure, in obtaining |
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workforce skills and becoming gainfully employed. |
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(b) The education and training courses must provide |
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instruction in workforce skills appropriate for veterans with |
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disabilities. |
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SECTION 4. Not later than January 1, 2018, the Texas |
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Workforce Commission shall develop or approve education and |
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training courses as required under Chapter 316, Labor Code, as |
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added by this Act. |
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SECTION 5. Subchapter H-1, Chapter 42A, Code of Criminal |
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Procedure, applies only to a person placed on community |
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supervision, including deferred adjudication community |
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supervision, on or after January 1, 2018. |
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SECTION 6. 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, 2017. |
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* * * * * |