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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a fee for certain pretrial intervention |
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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. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0111 to read as |
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follows: |
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Art. 102.0111. FEES FOR PRETRIAL INTERVENTION PROGRAMS: |
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COUNTY PRETRIAL SERVICES OFFICE. A county pretrial services office |
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may collect a supervision fee in an amount not to exceed $60 per |
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month from a defendant participating in a pretrial intervention |
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program operated by that office. The defendant may be required to |
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pay the fee under this subsection as a condition of participating in |
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the program. |
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SECTION 2. The heading to Article 102.012, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 102.012. FEES FOR PRETRIAL INTERVENTION PROGRAMS: |
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COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT. |
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SECTION 3. Article 103.004, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The custodian of the county treasury shall deposit money |
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received from fees imposed under Article 102.0111 in a special fund |
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of the county treasury for the county pretrial services office |
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serving the county. |
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SECTION 4. Section 103.021, Government Code, is amended to |
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read as follows: |
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Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or |
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defendant, or a party to a civil suit, as applicable, shall pay the |
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following fees and costs under the Code of Criminal Procedure if |
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ordered by the court or otherwise required: |
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(1) a personal bond fee (Art. 17.42, Code of Criminal |
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Procedure) . . . the greater of $20 or three percent of the amount |
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of the bail fixed for the accused; |
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(2) cost of electronic monitoring as a condition of |
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release on personal bond (Art. 17.43, Code of Criminal Procedure) |
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. . . actual cost; |
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(3) a fee for verification of and monitoring of motor |
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vehicle ignition interlock (Art. 17.441, Code of Criminal |
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Procedure) . . . not to exceed $10; |
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(3-a) costs associated with operating a global |
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positioning monitoring system as a condition of release on bond |
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(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
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subject to a determination of indigency; |
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(3-b) costs associated with providing a defendant's |
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victim with an electronic receptor device as a condition of the |
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defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
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Procedure) . . . actual costs, subject to a determination of |
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indigency; |
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(4) repayment of reward paid by a crime stoppers |
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organization on conviction of a felony (Art. 37.073, Code of |
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Criminal Procedure) . . . amount ordered; |
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(5) reimbursement to general revenue fund for payments |
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made to victim of an offense as condition of community supervision |
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(Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50 |
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for a misdemeanor offense or $100 for a felony offense; |
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(6) payment to a crime stoppers organization as |
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condition of community supervision (Chapter 42A, Code of Criminal |
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Procedure) . . . not to exceed $50; |
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(7) children's advocacy center fee (Chapter 42A, Code |
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of Criminal Procedure) . . . not to exceed $50; |
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(8) family violence center fee (Chapter 42A, Code of |
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Criminal Procedure) . . . $100; |
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(9) community supervision fee (Chapter 42A, Code of |
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Criminal Procedure) . . . not less than $25 or more than $60 per |
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month; |
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(10) additional community supervision fee for certain |
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offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per |
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month; |
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(11) for certain financially able sex offenders as a |
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condition of community supervision, the costs of treatment, |
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specialized supervision, or rehabilitation (Chapter 42A, Code of |
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Criminal Procedure) . . . all or part of the reasonable and |
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necessary costs of the treatment, supervision, or rehabilitation as |
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determined by the judge; |
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(12) fee for failure to appear for trial in a justice |
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or municipal court if a jury trial is not waived (Art. 45.026, Code |
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of Criminal Procedure) . . . costs incurred for impaneling the |
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jury; |
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(13) costs of certain testing, assessments, or |
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programs during a deferral period (Art. 45.051, Code of Criminal |
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Procedure) . . . amount ordered; |
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(14) special expense on dismissal of certain |
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misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
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. . . not to exceed amount of fine assessed; |
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(15) an additional fee: |
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(A) for a copy of the defendant's driving record |
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to be requested from the Department of Public Safety by the judge |
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(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
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to the sum of the fee established by Section 521.048, |
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Transportation Code, and the state electronic Internet portal fee; |
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(B) as an administrative fee for requesting a |
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driving safety course or a course under the motorcycle operator |
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training and safety program for certain traffic offenses to cover |
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the cost of administering the article (Art. 45.0511(f)(1), Code of |
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Criminal Procedure) . . . not to exceed $10; or |
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(C) for requesting a driving safety course or a |
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course under the motorcycle operator training and safety program |
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before the final disposition of the case (Art. 45.0511(f)(2), Code |
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of Criminal Procedure) . . . not to exceed the maximum amount of the |
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fine for the offense committed by the defendant; |
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(16) a request fee for teen court program (Art. |
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45.052, Code of Criminal Procedure) . . . $20, if the court |
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ordering the fee is located in the Texas-Louisiana border region, |
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but otherwise not to exceed $10; |
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(17) a fee to cover costs of required duties of teen |
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court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
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court ordering the fee is located in the Texas-Louisiana border |
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region, but otherwise $10; |
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(18) a mileage fee for officer performing certain |
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services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
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mile; |
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(19) certified mailing of notice of hearing date (Art. |
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102.006, Code of Criminal Procedure) . . . $1, plus postage; |
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(20) certified mailing of certified copies of an order |
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of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
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plus postage; |
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(20-a) a fee to defray the cost of notifying state |
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agencies of orders of expungement (Art. 45.0216, Code of Criminal |
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Procedure) . . . $30 per application; |
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(21) sight orders: |
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(A) if the face amount of the check or sight order |
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does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
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. . . not to exceed $10; |
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(B) if the face amount of the check or sight order |
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is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $15; |
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(C) if the face amount of the check or sight order |
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is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $30; |
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(D) if the face amount of the check or sight order |
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is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $50; and |
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(E) if the face amount of the check or sight order |
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is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
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. . . not to exceed $75; |
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(22) fees for a pretrial intervention program: |
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(A) a supervision fee: |
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(i) if the program is operated by a county |
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pretrial services office (Art. 102.0111, Code of Criminal |
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Procedure). . . not to exceed $60 a month; or |
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(ii) if the program is operated by a |
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community supervision and corrections department (Art. 102.012 |
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[102.012(a)], Code of Criminal Procedure) . . . $60 a month plus |
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expenses; and |
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(B) a district attorney, criminal district |
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attorney, or county attorney administrative fee (Art. 102.0121, |
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Code of Criminal Procedure) . . . not to exceed $500; |
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(23) parking fee violations for child safety fund in |
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municipalities with populations: |
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(A) greater than 850,000 (Art. 102.014, Code of |
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Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
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(B) less than 850,000 (Art. 102.014, Code of |
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Criminal Procedure) . . . not to exceed $5; |
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(24) an administrative fee for collection of fines, |
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fees, restitution, or other costs (Art. 102.072, Code of Criminal |
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Procedure) . . . not to exceed $2 for each transaction; |
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(25) a collection fee, if authorized by the |
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commissioners court of a county or the governing body of a |
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municipality, for certain debts and accounts receivable, including |
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unpaid fines, fees, court costs, forfeited bonds, and restitution |
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ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
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percent of an amount more than 60 days past due; and |
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(26) a cost on conviction for the truancy prevention |
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and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . |
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$2. |
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SECTION 5. The change in law made by this Act applies only |
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to a defendant who participates in a pretrial intervention program |
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that begins on or after the effective date of this Act. A defendant |
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who participates in a pretrial intervention program that begins |
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before the effective date of this Act is governed by the law in |
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effect when the program began, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2017. |