| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of a pretrial intervention and diversion |
|
|
program for certain nonviolent offenses; authorizing a fee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 32, Code of Criminal Procedure, is |
|
|
amended by adding Article 32.03 to read as follows: |
|
|
Art. 32.03. PRETRIAL INTERVENTION AND DIVERSION PROGRAM FOR |
|
|
CERTAIN NONVIOLENT OFFENSES. (a) This article applies to a |
|
|
defendant who: |
|
|
(1) has not previously been convicted of an offense; |
|
|
and |
|
|
(2) is charged with an offense that is not an offense |
|
|
involving violence, as defined by Article 17.03. |
|
|
(b) At any time before trial commences, on the joint motion |
|
|
of a defendant to whom this article applies and the attorney |
|
|
representing the state, a court may defer proceedings without |
|
|
entering an adjudication of guilt and permit the defendant to |
|
|
participate in a pretrial intervention and diversion program |
|
|
established by the office of the attorney representing the state. |
|
|
(c) In establishing a pretrial intervention and diversion |
|
|
program, the office of the attorney representing the state: |
|
|
(1) shall develop written guidelines regarding |
|
|
implementation of the program, including guidelines for accepting a |
|
|
defendant into the program that take into consideration: |
|
|
(A) the nature of the offense committed by the |
|
|
defendant; and |
|
|
(B) on notifying any victims of the offense of |
|
|
the defendant's possible participation in the pretrial |
|
|
intervention and diversion program, the victim's response to that |
|
|
notification; and |
|
|
(2) may require a defendant to: |
|
|
(A) perform community service; and |
|
|
(B) pay restitution to any victims of the offense |
|
|
committed by the defendant. |
|
|
(d) The office of the attorney representing the state may |
|
|
enter into a contract with any entity or individual for the purpose |
|
|
of monitoring the defendant's compliance with a pretrial |
|
|
intervention and diversion program established under this article. |
|
|
(e) A court that defers proceedings under Subsection (b) |
|
|
shall set a reasonable date by which the defendant must complete the |
|
|
pretrial intervention and diversion program established under this |
|
|
article, which may be extended in the court's discretion. |
|
|
(f) A court shall dismiss the proceedings against the |
|
|
defendant and discharge the defendant if satisfactory evidence is |
|
|
presented that the defendant successfully completed the pretrial |
|
|
intervention and diversion program by the date specified under |
|
|
Subsection (e). |
|
|
SECTION 2. Article 102.0121, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 102.0121. REIMBURSEMENT FEES FOR CERTAIN EXPENSES |
|
|
RELATED TO PRETRIAL INTERVENTION PROGRAMS AND PRETRIAL |
|
|
INTERVENTION AND DIVERSION PROGRAMS. (a) A district attorney, |
|
|
criminal district attorney, or county attorney may collect a |
|
|
reimbursement fee [in an amount not to exceed $500] to be used to |
|
|
reimburse a county for expenses, including expenses of the district |
|
|
attorney's, criminal district attorney's, or county attorney's |
|
|
office, related to a defendant's participation in a pretrial |
|
|
intervention program or a pretrial intervention and diversion |
|
|
program offered in that county in an amount not to exceed: |
|
|
(1) $1,000 for a pretrial intervention and diversion |
|
|
program offered under Article 32.03; or |
|
|
(2) $500 for a pretrial intervention program not |
|
|
described by Subdivision (1). |
|
|
(b) The district attorney, criminal district attorney, or |
|
|
county attorney may collect the reimbursement fee from any |
|
|
defendant who participates in a pretrial intervention program or |
|
|
pretrial intervention and diversion program administered in any |
|
|
part by the attorney's office. |
|
|
(c) Reimbursement fees collected under this article shall |
|
|
be deposited in the county treasury in a special fund to be used |
|
|
solely to administer the pretrial intervention program or pretrial |
|
|
intervention and diversion program. An expenditure from the fund |
|
|
may be made only in accordance with a budget approved by the |
|
|
commissioners court. |
|
|
SECTION 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2025. |