89R8297 AMF-D

By: Garcia of Bexar H.B. No. 2247

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a specialty court for individuals who commit family violence; imposing fees for participation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle K, Title 2, Government Code, is amended by adding Chapter 127 to read as follows:

CHAPTER 127. FAMILY VIOLENCE COURT PROGRAM

Sec. 127.001. DEFINITION. In this chapter, "family violence" has the meaning assigned by Section 71.004, Family Code.

Sec. 127.002. FAMILY VIOLENCE COURT PROGRAM DEFINED; COURT PROCEDURE FOR CERTAIN DEFENDANTS. (a) In this chapter, "family violence court program" means a program that has the following essential characteristics:

(1) the integration in the processing of cases in the judicial system of educational and rehabilitative services and interventions designed to assist program participants with ending their abusive behavior, including integration of a battering intervention and prevention program established under Article 42.141, Code of Criminal Procedure;

(2) consideration of the health and safety of alleged victims of program participants;

(3) 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;

(4) early identification and prompt placement in the program of eligible participants;

(5) ongoing judicial interaction with program participants;

(6) monitoring of services and interventions provided to program participants;

(7) monitoring and evaluation of program goals and effectiveness;

(8) continuing interdisciplinary education to promote effective program planning, implementation, and operations; and

(9) development of partnerships with public agencies and community organizations, including the service providers under a battering intervention and prevention program established under Article 42.141, Code of Criminal Procedure.

(b) Subject to Subsection (c), after notice to the attorney representing this state in a criminal case and a hearing at which a family violence court finds dismissal is in the best interest of justice, a court shall:

(1) dismiss the case against a defendant who successfully completes a family violence court program, regardless of whether the defendant was convicted of the offense for which the defendant entered the program or whether the court deferred further proceedings without entering an adjudication of guilt; and

(2) enter an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, as if the defendant had received a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, with respect to all records and files related to the defendant's arrest for the offense for which the defendant entered the program.

(c) Subsection (b) applies only to a defendant who:

(1) has not been previously convicted of an offense listed in Article 42A.054, Code of Criminal Procedure, or a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure; and

(2) is not convicted for any offense in which an element of the offense is family violence between the date on which the defendant successfully completed the program and the second anniversary of that date.

Sec. 127.003. AUTHORITY TO ESTABLISH PROGRAM. The commissioners court of a county may establish a family violence court program for persons who have been arrested for, charged with, or convicted of a misdemeanor offense in which an element of the offense is family violence.

Sec. 127.004. ESTABLISHMENT OF REGIONAL PROGRAM. The commissioners courts of two or more counties may elect to establish a regional family violence court program under this chapter for the participating counties.

Sec. 127.005. REIMBURSEMENT FEE. (a) A family violence court program established under this chapter may collect from a participant in the program a reasonable reimbursement fee for the program not to exceed $1,000.

(b) A reimbursement fee collected under this section may be paid periodically or on a deferred payment schedule at the discretion of the judge, magistrate, or coordinator. The fee must be:

(1) based on the participant's ability to pay; and

(2) used only for purposes specific to the program.

SECTION 2. Section 772.0061(a)(2), Government Code, is amended to read as follows:

(2) "Specialty court" means a specialty court program established under Subtitle K, Title 2 [:

[(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 public safety employees treatment court program established under Chapter 129; and

[(G) a juvenile family drug court program established under Chapter 130].

SECTION 3. 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 Texas Judicial Council, the Office of Court Administration of the Texas Judicial System, and the criminal justice division regarding best practices for specialty courts established under Subtitle K, Title 2 [Chapter 122, 123, 124, 125, 129, or 130], or former law.

SECTION 4. This Act takes effect September 1, 2025.