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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of service members and veterans to |
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participate in a veterans treatment court program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 124.002(a), Government Code, is amended |
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to read as follows: |
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(a) The commissioners court of a county may establish a |
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veterans treatment court program for persons arrested for, charged |
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with, convicted of, or placed on deferred adjudication community |
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supervision for any misdemeanor or felony offense. Except for good |
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cause shown by an attorney representing the state to deny a |
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defendant's participation in the program, a [A] defendant is |
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eligible to participate in a veterans treatment court program |
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established under this chapter [only if the attorney representing |
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the state consents to the defendant's participation in the program |
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and] if the court in which the criminal case is pending or in which |
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the defendant was convicted or placed on deferred adjudication |
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community supervision, as applicable, finds that the defendant is a |
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veteran or current member of the United States armed forces, |
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including a member of the reserves, national guard, or state guard, |
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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, or was a |
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victim of military sexual trauma if the injury, illness, disorder, |
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or trauma: |
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(A) occurred during or resulted from the |
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defendant's military service; 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 veterans |
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treatment court program, considering the circumstances of the |
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defendant's conduct, personal and social background, and criminal |
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history, is likely to achieve the objective of ensuring public |
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safety through rehabilitation of the veteran in the manner provided |
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by Section 1.02(1), Penal Code. |
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SECTION 2. This Act takes effect September 1, 2023. |