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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a defendant to participate in a |
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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, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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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. 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: |
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(1) the attorney representing the state consents to |
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the defendant's participation in the program, subject to Subsection |
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(a-1); and |
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(2) [if] the court in which the criminal case is |
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pending or in which the defendant was convicted or placed on |
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deferred adjudication community supervision, as applicable, finds |
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that the defendant is a veteran or current member of the United |
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States armed forces, including a member of the reserves, national |
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guard, or state guard, who: |
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(A) [(1)] suffers from a brain injury, mental |
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illness, or mental disorder, including post-traumatic stress |
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disorder, or was a victim of military sexual trauma if the injury, |
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illness, disorder, or trauma: |
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(i) [(A)] occurred during or resulted from |
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the defendant's military service; and |
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(ii) [(B)] affected the defendant's |
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criminal conduct at issue in the case; or |
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(B) [(2)] is a defendant whose participation in a |
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veterans treatment court program, considering the circumstances of |
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the defendant's conduct, personal and social background, and |
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criminal history, is likely to achieve the objective of ensuring |
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public safety through rehabilitation of the veteran in the manner |
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provided by Section 1.02(1), Penal Code. |
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(a-1) If, not later than the 30th day after the date the |
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defendant makes a request to participate in a veterans treatment |
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court program and provides to the court proof of matters described |
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by Subsection (a) as required by Subsection (c), the attorney |
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representing the state has not consented to the defendant's |
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participation in the program under Subsection (a)(1), the defendant |
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may file a motion requesting the court in which the criminal case is |
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pending or in which the defendant was convicted or placed on |
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deferred adjudication community supervision, as applicable, to |
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review the defendant's request to participate in the program. The |
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court may allow the defendant to participate in the veterans |
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treatment court program if the court finds that the defendant |
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otherwise meets the eligibility requirements described by |
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Subsection (a)(2) and all other eligibility requirements |
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prescribed by the specific veterans treatment court program in |
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which the defendant seeks to participate. |
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(a-2) Before allowing a defendant to participate in a |
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veterans treatment court program as provided by Subsection (a-1), |
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the court shall provide the attorney representing the state an |
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opportunity to explain the attorney's reason for not consenting to |
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the defendant's participation. If the court allows a defendant to |
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participate in the program without the consent of the attorney |
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representing the state, the court shall provide written notice of |
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that decision to the attorney representing the state and to the |
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defendant not later than the 10th day after the date the court makes |
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the decision. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal case that is pending on or commences on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |