88R3604 SHH-D
 
  By: Morales Shaw H.B. No. 1977
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a pretrial intervention program for
  certain youth offenders; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PRETRIAL INTERVENTION PROGRAM
         SECTION 1.01.  Subtitle K, Title 2, Government Code, is
  amended by adding Chapter 127 to read as follows:
  CHAPTER 127. PRETRIAL INTERVENTION PROGRAM FOR CERTAIN YOUTH
  OFFENDERS
         Sec. 127.001.  YOUTH PRETRIAL INTERVENTION PROGRAM DEFINED;
  PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youth
  pretrial intervention program" means a program that has the
  following essential characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety and to
  protect the due process rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to a continuum of alcohol, controlled
  substance, mental health, and other related treatment and
  rehabilitative services;
               (5)  careful monitoring of treatment and services
  provided to program participants;
               (6)  a coordinated strategy to govern program responses
  to participants' compliance;
               (7)  ongoing judicial interaction with program
  participants;
               (8)  monitoring and evaluation of program goals and
  effectiveness;
               (9)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations;
               (10)  development of partnerships with public agencies
  and community organizations; and
               (11)  inclusion of a participant's family members who
  agree to be involved in the treatment and services provided to the
  participant under the program.
         (b)  If a defendant successfully completes a youth pretrial
  intervention program, after notice to the attorney representing the
  state and a hearing in the youth pretrial intervention court at
  which that court determines that a dismissal is in the best interest
  of justice, the youth pretrial intervention court shall provide to
  the court in which the criminal case is pending information about
  the dismissal and shall include all of the information required
  about the defendant for a petition for expunction under Section
  2(b), Article 55.02, Code of Criminal Procedure. The court in which
  the criminal case is pending shall dismiss the case against the
  defendant and:
               (1)  if that trial court is a district court, the court
  may, with the consent of the attorney representing the state, enter
  an order of expunction on behalf of the defendant under Section
  1a(a-3), Article 55.02, Code of Criminal Procedure; or
               (2)  if that trial court is not a district court, the
  court may, with the consent of the attorney representing the state,
  forward the appropriate dismissal and expunction information to
  enable a district court with jurisdiction to enter an order of
  expunction on behalf of the defendant under Section 1a(a-3),
  Article 55.02, Code of Criminal Procedure.
         Sec. 127.002.  ESTABLISHMENT OF PROGRAM; DEFENDANT
  ELIGIBILITY. (a) The commissioners court of a county shall,
  subject to Subsection (d), establish a youth pretrial intervention
  program for persons arrested for or charged with an offense that is
  punishable as a Class B misdemeanor or any higher category of
  offense, other than an offense listed in Article 42A.054(a), Code
  of Criminal Procedure.
         (b)  A defendant is eligible to participate in a youth
  pretrial intervention program established under this chapter only
  if:
               (1)  the defendant was younger than 18 years of age at
  the time of the offense; and
               (2)  the defendant has not previously been convicted of
  or placed on deferred adjudication community supervision for an
  offense other than a traffic offense that is punishable by fine
  only.
         (c)  The court in which the criminal case is pending shall
  allow an eligible defendant to choose whether to proceed through
  the youth pretrial intervention program or otherwise through the
  criminal justice system.
         (d)  The commissioners court of a county is not required to
  establish a specialty court in accordance with this chapter and may
  require the community supervision and corrections department
  serving the county to operate a program under the authority of
  Section 76.011(a). A program that is operated by a community
  supervision and corrections department is considered to be a youth
  pretrial intervention program for purposes of this chapter.
         (e)  Notwithstanding Subsection (c), the attorney
  representing the state may request, in writing, that the court in
  which the criminal case is pending refuse to allow an eligible
  defendant to proceed through the youth pretrial intervention
  program. If the court determines that the attorney representing
  the state has shown that adequate good cause exists, the court shall
  require the defendant to proceed through the criminal justice
  system.
         Sec. 127.003.  DUTIES OF YOUTH PRETRIAL INTERVENTION
  PROGRAM. (a) A youth pretrial intervention program established
  under this chapter must:
               (1)  ensure that a defendant eligible for participation
  in the program is provided legal counsel before electing to proceed
  through the program and while participating in the program;
               (2)  allow a participant to withdraw from the program
  at any time before a trial on the merits has been initiated; and
               (3)  provide a participant with a court-ordered
  individualized treatment plan indicating the services that will be
  provided to the participant.
         (b)  A youth pretrial intervention program established under
  this chapter shall make, establish, and publish local procedures to
  ensure maximum participation of eligible defendants in the county
  or counties in which those defendants reside.
         (c)  A youth pretrial intervention program may allow a
  participant to comply with the participant's court-ordered
  individualized treatment plan or to fulfill certain other court
  obligations through the use of videoconferencing software or other
  Internet-based communications.
         (d)  This chapter does not prevent the initiation of
  procedures under Chapter 46B, Code of Criminal Procedure.
         Sec. 127.004.  CONDITIONS OF PROGRAM. (a)  A program
  participant charged with an offense punishable as a Class B
  misdemeanor may not be required to spend more than one year in the
  program and may not be required to perform more than 24 hours of
  community service as part of the program.
         (b)  A program participant charged with an offense
  punishable as a Class A misdemeanor or state jail felony may not be
  required to spend more than two years in the program and may not be
  required to perform more than 24 hours of community service as part
  of the program.
         (c)  A program participant charged with an offense
  punishable as a felony of the third degree may not be required to
  spend more than three years in the program and may not be required
  to perform more than 50 hours of community service as part of the
  program.
         (d)  A program participant charged with an offense
  punishable as a felony of the second degree may not be required to
  spend more than four years in the program and may not be required to
  perform more than 75 hours of community service as part of the
  program.
         (e)  A program participant charged with an offense
  punishable as a felony of the first degree may not be required to
  spend more than five years in the program and may not be required to
  perform more than 100 hours of community service as part of the
  program.
         Sec. 127.005.  SUPERVISION OF PARTICIPANTS.  The community
  supervision and corrections department serving the county in which
  the program is operated shall supervise program participants.
         Sec. 127.006.  ESTABLISHMENT OF REGIONAL PROGRAM. The
  commissioners courts of two or more counties may elect to establish
  a regional youth pretrial intervention program under this chapter
  for the participating counties.
         Sec. 127.007.  REIMBURSEMENT FEES. (a)  A youth pretrial
  intervention program established under this chapter may collect
  from a participant in the program:
               (1)  a reasonable reimbursement fee for the program;
  and
               (2)  a testing, counseling, and treatment
  reimbursement fee in an amount necessary to cover the costs of any
  testing, counseling, or treatment performed or provided under the
  program.
         (b)  Reimbursement fees collected under this section may be
  paid on a periodic basis or on a deferred payment schedule at the
  discretion of the judge, magistrate, or coordinator.  The fees must
  be:
               (1)  based on the participant's ability to pay; and
               (2)  used only for purposes specific to the program.
         Sec. 127.008.  COURTESY SUPERVISION. (a) A youth pretrial
  intervention program that accepts placement of a defendant may
  transfer responsibility for supervising the defendant's
  participation in the program to another youth pretrial intervention
  program that is located in the county where the defendant works or
  resides. The defendant's supervision may be transferred under this
  section only with the consent of both youth pretrial intervention
  programs and the defendant.
         (b)  A defendant who consents to the transfer of the
  defendant's supervision must agree to abide by all rules,
  requirements, and instructions of the youth pretrial intervention
  program that accepts the transfer.
         (c)  If a defendant whose supervision is transferred under
  this section does not successfully complete the program, the youth
  pretrial intervention program supervising the defendant shall
  return the responsibility for the defendant's supervision to the
  youth pretrial intervention program that initiated the transfer.
         SECTION 1.02.  Article 59.062(f), Code of Criminal
  Procedure, is amended to read as follows:
         (f)  A civil penalty collected under this article shall be
  deposited to the credit of the drug court account in the general
  revenue fund to help fund specialty court programs established
  under Chapter 122, 123, 124, 125, 127, or 129, Government Code, or
  former law.
         SECTION 1.03.  Section 509.011, Government Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  The supervision by a department of a participant in a
  youth pretrial intervention program under Chapter 127 or other law
  constitutes supervision by the department pursuant to lawful
  authority for purposes of Subsection (a).
         SECTION 1.04.  Section 772.0061(a)(2), Government Code, is
  amended to read as follows:
               (2)  "Specialty court" means:
                     (A)  a commercially sexually exploited persons
  court program established under Chapter 126 or former law;
                     (B)  a family drug court program established under
  Chapter 122 or former law;
                     (C)  a drug court program established under
  Chapter 123 or former law;
                     (D)  a veterans treatment court program
  established under Chapter 124 or former law;
                     (E)  a mental health court program established
  under Chapter 125 or former law;
                     (F)  a youth pretrial intervention program
  established under Chapter 127; and
                     (G) [(F)]  a public safety employees treatment
  court program established under Chapter 129.
         SECTION 1.05.  Section 772.0061(b), Government Code, is
  amended to read as follows:
         (b)  The governor shall establish the Specialty Courts
  Advisory Council within the criminal justice division established
  under Section 772.006 to:
               (1)  evaluate applications for grant funding for
  specialty courts in this state and to make funding recommendations
  to the criminal justice division; and
               (2)  make recommendations to the criminal justice
  division regarding best practices for specialty courts established
  under Chapter 122, 123, 124, 125, 127, or 129 or former law.
  ARTICLE 2. AUTOMATIC EXPUNCTION
         SECTION 2.01.  Article 55.01(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A person who has been placed under a custodial or
  noncustodial arrest for commission of either a felony or
  misdemeanor is entitled to have all records and files relating to
  the arrest expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c);
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); or
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
                     (C)  convicted of an offense committed before
  September 1, 2021, under Section 46.02(a), Penal Code, as that
  section existed before that date; or
               (2)  the person has been released and the charge, if
  any, has not resulted in a final conviction and is no longer pending
  and there was no court-ordered community supervision under Chapter
  42A for the offense, unless the offense is a Class C misdemeanor,
  provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of a misdemeanor offense
  based on the person's arrest or charging the person with the
  commission of any felony offense arising out of the same
  transaction for which the person was arrested:
                           (i)  has not been presented against the
  person at any time following the arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a Class C misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (b)  at least one year has elapsed from
  the date of arrest if the arrest for which the expunction was sought
  was for an offense punishable as a Class B or A misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a felony or if there was a
  felony charge arising out of the same transaction for which the
  person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable arrest records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  arrest, was dismissed or quashed, and the court finds that the
  indictment or information was dismissed or quashed because:
                                 (a)  the person completed a veterans
  treatment court program created under Chapter 124, Government Code,
  or former law, subject to Subsection (a-3);
                                 (b)  the person completed a mental
  health court program created under Chapter 125, Government Code, or
  former law, subject to Subsection (a-4);
                                 (c)  the person completed a youth
  pretrial intervention program created under Chapter 127,
  Government Code;
                                 (d)  the person completed a pretrial
  intervention program authorized under Section 76.011, Government
  Code, other than a veterans treatment court program created under
  Chapter 124, Government Code, or former law, [or] a mental health
  court program created under Chapter 125, Government Code, or former
  law, or a youth pretrial intervention program created under Chapter
  127, Government Code;
                                 (e) [(d)]  the presentment had been
  made because of mistake, false information, or other similar reason
  indicating absence of probable cause at the time of the dismissal to
  believe the person committed the offense; or
                                 (f) [(e)]  the indictment or
  information was void; or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         SECTION 2.02.  Section 1a, Article 55.02, Code of Criminal
  Procedure, is amended by adding Subsection (a-3) to read as
  follows:
         (a-3)  A trial court dismissing a case following a person's
  successful completion of a youth pretrial intervention program
  created under Chapter 127, Government Code, if the trial court is a
  district court or a district court in the county in which the trial
  court is located, may, with the consent of the attorney
  representing the state, enter an order of expunction for a person
  entitled to expunction under Article 55.01(a)(2)(A)(ii)(c) not
  later than the 30th day after the date the court dismisses the case
  or receives the information regarding that dismissal, as
  applicable. Notwithstanding any other law, a court that enters an
  order for expunction under this subsection may not charge any fee or
  assess any cost for the expunction.
         SECTION 2.03.  Article 102.006(b-1), Code of Criminal
  Procedure, is amended to read as follows:
         (b-1)  The fees under Subsection (a) shall be waived if the
  petitioner is entitled to expunction:
               (1)  under Article 55.01(a)(2)(A)(ii)(a) after
  successful completion of a veterans treatment court program created
  under Chapter 124, Government Code, or former law; [or]
               (2)  under Article 55.01(a)(2)(A)(ii)(b) after
  successful completion of a mental health court program created
  under Chapter 125, Government Code, or former law; or
               (3)  under Article 55.01(a)(2)(A)(ii)(c) after
  successful completion of a youth pretrial intervention program
  created under Chapter 127, Government Code.
  ARTICLE 3. TRANSITION; EFFECTIVE DATE
         SECTION 3.01.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.02.  This Act takes effect September 1, 2023.