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AN ACT
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relating to the fund for veterans' assistance and to the |
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establishment of pretrial veterans court programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a), (c), and (e), Section 434.017, |
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Government Code, as redesignated and amended by Chapter 1418 (H.B. |
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3107), Acts of the 80th Legislature, Regular Session, 2007, are |
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amended to read as follows: |
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(a) The fund for veterans' assistance is a special fund in |
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the state treasury outside the general revenue fund. The fund is |
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composed of: |
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(1) money transferred to the fund at the direction of |
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the legislature; |
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(2) money deposited to the credit of the fund under |
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Section 502.1746, Transportation Code; |
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(3) gifts and grants contributed to the fund; and |
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(4) [(3)] the earnings of the fund. |
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(c) Money in the fund may be appropriated to the Texas |
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Veterans Commission to: |
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(1) enhance or improve veterans' assistance programs, |
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including veterans' representation and counseling; [and] |
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(2) make grants to [local communities to] address |
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veterans' needs; and |
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(3) administer the fund. |
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(e) To carry out any purpose of this chapter, the Texas |
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Veterans Commission may solicit and accept a gift, grant, devise, |
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bequest of money, security, service, or property, including money |
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raised or a service provided by a volunteer or volunteer group, to |
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promote the work of the commission. The commission may participate |
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in the establishment and operation of an affiliated nonprofit |
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organization that is established for the purpose of raising money |
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for or providing services or other benefits to the commission [The
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comptroller may solicit and accept gifts and grants to the
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fund]. A gift, [or] grant, devise, or bequest to the fund may be |
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appropriated in the same manner as other money in the fund, subject |
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to any limitation or requirement placed on the gift, [or] grant, |
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devise, or bequest by the donor or granting entity. |
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SECTION 2. Subchapter A, Chapter 434, Government Code, is |
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amended by adding Section 434.0171 to read as follows: |
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Sec. 434.0171. STATE EMPLOYEE CONTRIBUTIONS TO FUND FOR |
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VETERANS' ASSISTANCE. For purposes of Subchapter I, Chapter 659: |
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(1) the Texas Veterans Commission, for the sole |
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purpose of managing the fund for veterans' assistance, is |
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considered an eligible charitable organization entitled to |
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participate in the state employee charitable campaign; and |
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(2) a state employee is entitled to authorize a |
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deduction for contributions to the Texas Veterans Commission for |
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the purposes of managing the fund for veterans' assistance as a |
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charitable contribution under Section 659.132, and the Texas |
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Veterans Commission may use the contributions for the purposes |
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listed in Section 434.017(c), as redesignated and amended by |
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Chapter 1418 (H.B. 3107), Acts of the 80th Legislature, Regular |
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Session, 2007. |
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SECTION 3. Subchapter D, Chapter 502, Transportation Code, |
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is amended by adding Section 502.1746 to read as follows: |
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Sec. 502.1746. VOLUNTARY CONTRIBUTION TO VETERANS' |
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ASSISTANCE FUND. (a) When a person registers a motor vehicle |
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under this chapter, the person is entitled to make a voluntary |
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contribution in any amount to the fund for veterans' assistance |
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established by Section 434.017, Government Code, as redesignated |
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and amended by Chapter 1418 (H.B. 3107), Acts of the 80th |
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Legislature, Regular Session, 2007. |
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(b) The county assessor-collector shall send any |
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contribution made under this section to the comptroller for deposit |
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in the state treasury to the credit of the fund for veterans' |
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assistance before the 31st day after the date the contribution is |
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made. |
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SECTION 4. Subtitle E, Title 7, Health and Safety Code, is |
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amended by adding Chapter 617 to read as follows: |
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Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES |
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FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans court |
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program" means a program that has the following essential |
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characteristics: |
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(1) the integration of services in the processing of |
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cases in the judicial system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety and to |
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protect the due process rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to a continuum of alcohol, controlled |
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substance, mental health, and other related treatment and |
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rehabilitative services; |
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(5) careful monitoring of treatment and services |
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provided to program participants; |
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(6) a coordinated strategy to govern program responses |
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to participants' compliance; |
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(7) ongoing judicial interaction with program |
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participants; |
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(8) monitoring and evaluation of program goals and |
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effectiveness; |
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(9) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; and |
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(10) development of partnerships with public agencies |
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and community organizations, including the United States |
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Department of Veterans Affairs. |
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(b) If a defendant successfully completes a veterans court |
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program, as authorized under Section 76.011, Government Code, after |
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notice to the attorney representing the state and a hearing in the |
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veterans court at which that court determines that a dismissal is in |
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the best interest of justice, the court in which the criminal case |
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is pending shall dismiss the criminal action against the defendant. |
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Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
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(a) The commissioners court of a county may establish a veterans |
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court program for persons arrested for or charged with any |
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misdemeanor or felony offense. A defendant is eligible to |
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participate in a veterans court program established under this |
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chapter only if the attorney representing the state consents to the |
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defendant's participation in the program and if the court in which |
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the criminal case is pending finds that the defendant: |
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(1) is a veteran or current member of the United States |
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armed forces, including a member of the reserves, national guard, |
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or state guard; and |
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(2) suffers from a brain injury, mental illness, or |
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mental disorder, including post-traumatic stress disorder, that: |
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(A) resulted from the defendant's military |
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service in a combat zone or other similar hazardous duty area; and |
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(B) materially affected the defendant's criminal |
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conduct at issue in the case. |
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(b) The court in which the criminal case is pending shall |
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allow an eligible defendant to choose whether to proceed through |
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the veterans court program or otherwise through the criminal |
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justice system. |
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(c) Proof of matters described by Subsection (a) may be |
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submitted to the court in which the criminal case is pending in any |
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form the court determines to be appropriate, including military |
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service and medical records, previous determinations of a |
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disability by a veteran's organization or by the United States |
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Department of Veterans Affairs, testimony or affidavits of other |
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veterans or service members, and prior determinations of |
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eligibility for benefits by any state or county veterans office. |
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The court's findings must accompany any docketed case. |
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Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans |
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court program established under this chapter must: |
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(1) ensure a person eligible for the program is |
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provided legal counsel before volunteering to proceed through the |
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program and while participating in the program; |
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(2) allow a participant to withdraw from the program |
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at any time before a trial on the merits has been initiated; |
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(3) provide a participant with a court-ordered |
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individualized treatment plan indicating the services that will be |
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provided to the participant; and |
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(4) ensure that the jurisdiction of the veterans court |
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continues for a period of not less than six months but does not |
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continue beyond the period of community supervision for the offense |
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charged. |
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(b) A veterans court program established under this chapter |
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shall make, establish, and publish local procedures to ensure |
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maximum participation of eligible defendants in the county or |
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counties in which those defendants reside. |
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(c) This chapter does not prevent the initiation of |
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procedures under Chapter 46B, Code of Criminal Procedure. |
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Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The |
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commissioners courts of two or more counties may elect to establish |
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a regional veterans court program under this chapter for the |
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participating counties. |
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Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and |
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the speaker of the house of representatives may assign to |
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appropriate legislative committees duties relating to the |
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oversight of veterans court programs established under this |
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chapter. |
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(b) A legislative committee or the governor may request the |
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state auditor to perform a management, operations, or financial or |
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accounting audit of a veterans court program established under this |
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chapter. |
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(c) A veterans court program established under this chapter |
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shall: |
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(1) notify the criminal justice division of the |
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governor's office before or on implementation of the program; and |
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(2) provide information regarding the performance of |
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the program to that division on request. |
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Sec. 617.006. FEES. (a) A veterans court program |
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established under this chapter may collect from a participant in |
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the program: |
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(1) a reasonable program fee not to exceed $1,000; and |
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(2) a testing, counseling, and treatment fee in an |
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amount necessary to cover the costs of any testing, counseling, or |
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treatment performed or provided under the program. |
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(b) Fees collected under this section may be paid on a |
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periodic basis or on a deferred payment schedule at the discretion |
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of the judge, magistrate, or program director administering the |
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program. The fees must be: |
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(1) based on the participant's ability to pay; and |
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(2) used only for purposes specific to the program. |
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SECTION 5. Subsection (a), Article 55.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) A person who has been placed under a custodial or |
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noncustodial arrest for commission of either a felony or |
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misdemeanor is entitled to have all records and files relating to |
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the arrest expunged if: |
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(1) the person is tried for the offense for which the |
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person was arrested and is: |
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(A) acquitted by the trial court, except as |
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provided by Subsection (c) of this section; or |
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(B) convicted and subsequently pardoned; or |
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(2) each of the following conditions exist: |
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(A) an indictment or information charging the |
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person with commission of a felony has not been presented against |
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the person for an offense arising out of the transaction for which |
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the person was arrested or, if an indictment or information |
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charging the person with commission of a felony was presented, the |
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indictment or information has been dismissed or quashed, and: |
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(i) the limitations period expired before |
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the date on which a petition for expunction was filed under Article |
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55.02; or |
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(ii) the court finds that the indictment or |
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information was dismissed or quashed because the person completed a |
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pretrial intervention program authorized under Section 76.011, |
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Government Code, or because the presentment had been made because |
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of mistake, false information, or other similar reason indicating |
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absence of probable cause at the time of the dismissal to believe |
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the person committed the offense or because it was void; |
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(B) the person has been released and the charge, |
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if any, has not resulted in a final conviction and is no longer |
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pending and there was no court ordered community supervision under |
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Article 42.12 for any offense other than a Class C misdemeanor; and |
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(C) the person has not been convicted of a felony |
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in the five years preceding the date of the arrest. |
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SECTION 6. 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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1940 passed the Senate on |
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April 16, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1940 passed the House, with |
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amendment, on May 26, 2009, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |