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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a specialty court for certain public |
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safety employees who commit a criminal offense; imposing fees for |
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participation and testing, counseling, and treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle K, Title 2, Government Code, is amended |
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by adding Chapter 129 to read as follows: |
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CHAPTER 129. PUBLIC SAFETY EMPLOYEES TREATMENT COURT PROGRAM |
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Sec. 129.001. DEFINITION. In this chapter, "public safety |
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employee" means a peace officer, firefighter, detention officer, |
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county jailer, or emergency medical services employee of this state |
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or a political subdivision of this state. |
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Sec. 129.002. PUBLIC SAFETY EMPLOYEES TREATMENT COURT |
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PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this |
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chapter, "public safety employees treatment court program" means a |
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program that has the following essential characteristics: |
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(1) the integration of services in the processing of |
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cases in the judicial system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety and to |
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protect the due process rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to a continuum of alcohol, controlled |
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substance, mental health, and other related treatment and |
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rehabilitative services; |
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(5) careful monitoring of treatment and services |
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provided to program participants; |
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(6) a coordinated strategy to govern program responses |
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to participants' compliance; |
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(7) ongoing judicial interaction with program |
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participants; |
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(8) monitoring and evaluation of program goals and |
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effectiveness; |
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(9) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; |
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(10) development of partnerships with public agencies |
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and community organizations; and |
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(11) inclusion of a participant's family members who |
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agree to be involved in the treatment and services provided to the |
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participant under the program. |
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(b) If a defendant successfully completes a public safety |
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employees treatment court program, after notice to the attorney |
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representing the state and a hearing in the public safety employees |
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treatment court at which that court determines that a dismissal is |
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in the best interest of justice, the court in which the criminal |
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case is pending shall dismiss the case against the defendant. |
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Sec. 129.003. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
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(a) The commissioners court of a county may establish a public |
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safety employees treatment court program for persons arrested for |
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or charged with any misdemeanor or felony offense. A defendant is |
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eligible to participate in a public safety employees treatment |
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court program established under this chapter only if the attorney |
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representing the state consents to the defendant's participation in |
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the program and if the court in which the criminal case is pending |
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finds that the defendant is a current or former public safety |
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employee who: |
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(1) 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) occurred during or resulted from the |
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defendant's duties as a public safety employee; and |
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(B) affected the defendant's criminal conduct at |
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issue in the case; or |
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(2) is a defendant whose participation in a public |
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safety employees treatment court program, considering the |
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circumstances of the defendant's conduct, personal and social |
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background, and criminal history, is likely to achieve the |
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objective of ensuring public safety through rehabilitation of the |
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public safety employee in the manner provided by Section 1.02(1), |
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Penal Code. |
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(b) The court in which the criminal case is pending shall |
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allow an eligible defendant to choose whether to proceed through |
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the public safety employees treatment court program or otherwise |
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through the criminal justice system. |
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(c) Proof of matters described by Subsection (a) may be |
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submitted to the court in which the criminal case is pending in any |
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form the court determines to be appropriate, including medical |
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records or testimony or affidavits of other public safety |
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employees. The court's findings must accompany any docketed case. |
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Sec. 129.004. DUTIES OF PUBLIC SAFETY EMPLOYEES TREATMENT |
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COURT PROGRAM. (a) A public safety employees treatment court |
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program established under this chapter must: |
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(1) ensure that a defendant eligible for participation |
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in the program is provided legal counsel before volunteering to |
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proceed through the program and while participating in the program; |
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(2) allow a participant to withdraw from the program |
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at any time before a trial on the merits has been initiated; |
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(3) provide a participant with a court-ordered |
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individualized treatment plan indicating the services that will be |
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provided to the participant; and |
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(4) ensure that the jurisdiction of the public safety |
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employees treatment court continues for a period of not less than |
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six months but does not continue beyond the period of community |
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supervision for the offense charged. |
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(b) A public safety employees treatment court program |
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established under this chapter shall make, establish, and publish |
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local procedures to ensure maximum participation of eligible |
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defendants in the county or counties in which those defendants |
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reside. |
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(c) A public safety employees treatment court program may |
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allow a participant to comply with the participant's court-ordered |
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individualized treatment plan or to fulfill certain other court |
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obligations through the use of videoconferencing software or other |
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Internet-based communications. |
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(d) This chapter does not prevent the initiation of |
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procedures under Chapter 46B, Code of Criminal Procedure. |
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Sec. 129.005. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The |
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commissioners courts of two or more counties may elect to establish |
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a regional public safety employees treatment court program under |
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this chapter for the participating counties. |
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(b) For purposes of this chapter, each county that elects to |
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establish a regional public safety employees treatment court |
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program under this section is considered to have established the |
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program and is entitled to retain fees under Article 102.0178, Code |
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of Criminal Procedure, in the same manner as if the county had |
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established a public safety employees treatment court program |
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without participating in a regional program. |
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Sec. 129.006. FEES. (a) A public safety employees |
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treatment court program established under this chapter may collect |
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from a participant in the program: |
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(1) a reasonable program fee not to exceed $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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(b) Fees collected under this section may be paid on a |
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periodic basis or on a deferred payment schedule at the discretion |
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of the judge, magistrate, or coordinator. The fees must be: |
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(1) based on the participant's ability to pay; and |
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(2) used only for purposes specific to the program. |
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Sec. 129.007. COURTESY SUPERVISION. (a) A public safety |
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employees treatment court program that accepts placement of a |
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defendant may transfer responsibility for supervising the |
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defendant's participation in the program to another public safety |
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employees treatment court program that is located in the county |
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where the defendant works or resides. The defendant's supervision |
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may be transferred under this section only with the consent of both |
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public safety employees treatment court programs and the defendant. |
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(b) A defendant who consents to the transfer of the |
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defendant's supervision must agree to abide by all rules, |
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requirements, and instructions of the public safety employees |
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treatment court program that accepts the transfer. |
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(c) If a defendant whose supervision is transferred under |
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this section does not successfully complete the program, the public |
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safety employees treatment court program supervising the defendant |
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shall return the responsibility for the defendant's supervision to |
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the public safety employees treatment court program that initiated |
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the transfer. |
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(d) If a defendant is charged with an offense in a county |
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that does not operate a public safety employees treatment court |
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program, the court in which the criminal case is pending may place |
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the defendant in a public safety employees treatment court program |
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located in the county where the defendant works or resides, |
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provided that a program is operated in that county and the defendant |
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agrees to the placement. A defendant placed in a public safety |
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employees treatment court program in accordance with this |
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subsection must agree to abide by all rules, requirements, and |
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instructions of the program. |
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SECTION 2. Article 59.062(f), Code of Criminal Procedure, |
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is amended to read as follows: |
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(f) A civil penalty collected under this article shall be |
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deposited to the credit of the drug court account in the general |
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revenue fund to help fund specialty [drug] court programs |
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established under Chapter 122, 123, 124, [or] 125, or 129, |
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Government Code, or former law. |
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SECTION 3. Article 102.0178(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) The comptroller shall deposit the funds received under |
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this article to the credit of the drug court account in the general |
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revenue fund to help fund drug court programs established under |
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Chapter 122, 123, 124, [or] 125, or 129, Government Code, or former |
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law. The legislature shall appropriate money from the account |
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solely to the criminal justice division of the governor's office |
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for distribution to drug court programs that apply for the money. |
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SECTION 4. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Sections 103.02714 and 103.02715 to read as |
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follows: |
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Sec. 103.02714. ADDITIONAL MISCELLANEOUS FEES AND COSTS: |
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GOVERNMENT CODE. A program fee for a public safety employees |
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treatment court program established under Section 129.003 shall be |
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collected under Section 129.006 in a reasonable amount not to |
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exceed $1,000. |
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Sec. 103.02715. ADDITIONAL MISCELLANEOUS FEES AND COSTS: |
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GOVERNMENT CODE. A participant in a public safety employees |
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treatment court program administered under Chapter 129 shall pay a |
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fee in an amount necessary to cover the costs of any testing, |
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counseling, or treatment performed or provided to the participant |
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under the program. |
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SECTION 5. Section 772.0061(a)(2), Government Code, is |
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amended to read as follows: |
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(2) "Specialty court" means: |
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(A) a commercially sexually exploited persons |
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court program established under Chapter 126 or former law; |
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(B) a family drug court program established under |
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Chapter 122 or former law; |
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(C) a drug court program established under |
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Chapter 123 or former law; |
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(D) a veterans treatment court program |
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established under Chapter 124 or former law; [and] |
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(E) a mental health court program established |
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under Chapter 125 or former law; and |
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(F) a public safety employees treatment court |
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program established under Chapter 129. |
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SECTION 6. Section 772.0061(b), Government Code, is amended |
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to read as follows: |
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(b) The governor shall establish the Specialty Courts |
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Advisory Council within the criminal justice division established |
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under Section 772.006 to: |
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(1) evaluate applications for grant funding for |
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specialty courts in this state and to make funding recommendations |
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to the criminal justice division; and |
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(2) make recommendations to the criminal justice |
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division regarding best practices for specialty courts established |
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under Chapter 122, 123, 124, [or] 125, or 129 or former law. |
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SECTION 7. This Act takes effect September 1, 2017. |
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