| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility to participate in certain drug court |
|
|
programs. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 123.002, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
|
|
(a) The commissioners court of a county or governing body of a |
|
|
municipality may establish the following types of drug court |
|
|
programs: |
|
|
(1) drug courts for persons arrested for, charged |
|
|
with, or convicted of: |
|
|
(A) an offense in which an element of the offense |
|
|
is the use or possession of alcohol or the use, possession, or sale |
|
|
of a controlled substance, a controlled substance analogue, or |
|
|
marihuana; or |
|
|
(B) an offense in which the use of alcohol or a |
|
|
controlled substance is suspected to have significantly |
|
|
contributed to the commission of the offense, subject to Subsection |
|
|
(b) [and the offense did not involve: |
|
|
[(i) carrying, possessing, or using a |
|
|
firearm or other dangerous weapon; |
|
|
[(ii) the use of force against the person of |
|
|
another; or |
|
|
[(iii) the death of or serious bodily |
|
|
injury to another]; |
|
|
(2) drug courts for juveniles detained for, taken into |
|
|
custody for, or adjudicated as having engaged in: |
|
|
(A) delinquent conduct, including habitual |
|
|
felony conduct, or conduct indicating a need for supervision in |
|
|
which an element of the conduct is the use or possession of alcohol |
|
|
or the use, possession, or sale of a controlled substance, a |
|
|
controlled substance analogue, or marihuana; or |
|
|
(B) delinquent conduct, including habitual |
|
|
felony conduct, or conduct indicating a need for supervision in |
|
|
which the use of alcohol or a controlled substance is suspected to |
|
|
have significantly contributed to the commission of the conduct, |
|
|
subject to Subsection (b) [and the conduct did not involve: |
|
|
[(i) carrying, possessing, or using a |
|
|
firearm or other dangerous weapon; |
|
|
[(ii) the use of force against the person of |
|
|
another; or |
|
|
[(iii) the death of or serious bodily |
|
|
injury to another]; |
|
|
(3) reentry drug courts for persons with a |
|
|
demonstrated history of using alcohol or a controlled substance who |
|
|
may benefit from a program designed to facilitate the person's |
|
|
transition and reintegration into the community on release from a |
|
|
state or local correctional facility; |
|
|
(4) family dependency drug treatment courts for family |
|
|
members involved in a suit affecting the parent-child relationship |
|
|
in which a parent's use of alcohol or a controlled substance is a |
|
|
primary consideration in the outcome of the suit; or |
|
|
(5) programs for other persons not precisely described |
|
|
by Subdivisions (1)-(4) who may benefit from a program that has the |
|
|
essential characteristics described by Section 123.001. |
|
|
(b) Unless the attorney representing the state consents to |
|
|
the participation in the applicable drug court program: |
|
|
(1) a person is not eligible to participate in a drug |
|
|
court program established under Subsection (a)(1) for an offense |
|
|
described by Subsection (a)(1)(B) involving: |
|
|
(A) carrying, possessing, or using a firearm or |
|
|
other dangerous weapon; |
|
|
(B) the use of force against the person of |
|
|
another; or |
|
|
(C) the death of or serious bodily injury to |
|
|
another; and |
|
|
(2) a juvenile is not eligible to participate in a drug |
|
|
court program established under Subsection (a)(2) for conduct |
|
|
described by Subsection (a)(2)(B) involving: |
|
|
(A) carrying, possessing, or using a firearm or |
|
|
other dangerous weapon; or |
|
|
(B) the death of or serious bodily injury to |
|
|
another. |
|
|
SECTION 2. Section 123.006(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) The commissioners court of a county with a population of |
|
|
more than 200,000 shall: |
|
|
(1) establish a drug court program under Section |
|
|
123.002(a)(1) [123.002(1)]; and |
|
|
(2) direct the judge, magistrate, or coordinator to |
|
|
comply with Section 121.002(c)(1). |
|
|
SECTION 3. The change in law made by this Act applies to a |
|
|
defendant who enters a drug court program under Chapter 123, |
|
|
Government Code, regardless of whether the defendant committed the |
|
|
offense for which the defendant enters the program before, on, or |
|
|
after the effective date of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |