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AN ACT
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relating to the redesignation of veterans court programs as |
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veterans treatment court programs and the eligibility for |
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participation in and administration of those programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 124, Government Code, is |
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amended to read as follows: |
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CHAPTER 124. VETERANS TREATMENT COURT PROGRAM |
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SECTION 2. Section 124.001, Government Code, is amended to |
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read as follows: |
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Sec. 124.001. VETERANS TREATMENT COURT PROGRAM DEFINED; |
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PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans |
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treatment court program" means a program that has the following |
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essential 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 |
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treatment court program [as authorized under Section 76.011], after |
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notice to the attorney representing the state and a hearing in the |
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veterans treatment court at which that court determines that a |
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dismissal is in the best interest of justice, the court in which the |
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criminal case is pending shall dismiss the case [criminal action] |
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against the defendant. |
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SECTION 3. Section 124.002, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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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 or |
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charged with 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 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 finds that |
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the defendant[:
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[(1)] 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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(1) [; and (2)] 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 that: |
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(A) occurred during or resulted from the |
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defendant's military service [in a combat zone or other similar
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hazardous duty area]; and |
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(B) [materially] affected the defendant's |
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criminal conduct at 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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(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 treatment court program or otherwise through the |
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criminal justice system. |
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(d) In this section, "military sexual trauma" means any |
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sexual assault or sexual harassment that occurs while the victim is |
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a member of the United States armed forces performing the person's |
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regular duties. |
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SECTION 4. The heading to Section 124.003, Government Code, |
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is amended to read as follows: |
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Sec. 124.003. DUTIES OF VETERANS TREATMENT COURT PROGRAM. |
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SECTION 5. Section 124.003, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A veterans treatment court program established under |
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this chapter must: |
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(1) ensure that a defendant [person] eligible for |
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participation in the program is provided legal counsel before |
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volunteering to proceed through the program and while participating |
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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 |
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treatment court continues for a period of not less than six months |
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but does not continue beyond the period of community supervision |
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for the offense charged. |
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(b) A veterans treatment court program established under |
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this chapter shall make, establish, and publish local procedures to |
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ensure maximum participation of eligible defendants in the county |
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or counties in which those defendants reside. |
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(b-1) A veterans treatment court program may allow a |
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participant to comply with the participant's court-ordered |
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individualized treatment plan or to fulfill certain other court |
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obligations through the use of videoconferencing software or other |
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Internet-based communications. |
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SECTION 6. Section 124.004, Government Code, is amended to |
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read as follows: |
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Sec. 124.004. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The |
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commissioners courts of two or more counties may elect to establish |
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a regional veterans treatment court program under this chapter for |
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the participating counties. |
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(b) For purposes of this chapter, each county that elects to |
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establish a regional veterans treatment court program under this |
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section is considered to have established the program and is |
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entitled to retain fees under Article 102.0178, Code of Criminal |
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Procedure, in the same manner as if the county had established a |
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veterans treatment court program without participating in a |
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regional program. |
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SECTION 7. Section 124.005(a), Government Code, is amended |
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to read as follows: |
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(a) A veterans treatment court program established under |
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this chapter may collect from a participant in 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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SECTION 8. Chapter 124, Government Code, is amended by |
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adding Section 124.006 to read as follows: |
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Sec. 124.006. COURTESY SUPERVISION. (a) A veterans |
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treatment court program that accepts placement of a defendant may |
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transfer responsibility for supervising the defendant's |
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participation in the program to another veterans treatment court |
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program that is located in the county where the defendant works or |
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resides. The defendant's supervision may be transferred under this |
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section only with the consent of both veterans treatment court |
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programs and the defendant. |
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(b) A defendant who consents to the transfer of the |
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defendant's supervision must agree to abide by all rules, |
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requirements, and instructions of the veterans treatment court |
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program that accepts the transfer. |
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(c) If a defendant whose supervision is transferred under |
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this section does not successfully complete the program, the |
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veterans treatment court program supervising the defendant shall |
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return the responsibility for the defendant's supervision to the |
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veterans treatment court program that initiated the transfer. |
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(d) If a defendant is charged with an offense in a county |
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that does not operate a veterans treatment court program, the court |
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in which the criminal case is pending may place the defendant in a |
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veterans treatment court program located in the county where the |
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defendant works or resides, provided that a program is operated in |
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that county and the defendant agrees to the placement. A defendant |
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placed in a veterans treatment court program in accordance with |
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this subsection must agree to abide by all rules, requirements, and |
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instructions of the program. |
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SECTION 9. Section 54.976(a), Government Code, is amended |
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to read as follows: |
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(a) A judge may refer to a magistrate any criminal case or |
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matter relating to a criminal case for proceedings involving: |
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(1) a negotiated plea of guilty or no contest and |
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sentencing; |
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(2) a pretrial motion; |
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(3) an examining trial; |
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(4) a writ of habeas corpus; |
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(5) a bond forfeiture suit; |
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(6) issuance of search warrants; |
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(7) setting, setting conditions, modifying, revoking, |
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and surrendering of bonds, including surety bonds; |
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(8) arraignment of defendants; |
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(9) a motion to increase or decrease a bond; |
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(10) a motion to revoke community supervision or to |
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proceed to an adjudication; |
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(11) an issue of competency or a civil commitment |
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under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or |
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without a jury; |
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(12) a motion to modify community supervision; |
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(13) specialty court proceedings, including drug |
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court proceedings, veterans treatment [veteran's] court |
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proceedings, and driving while intoxicated court proceedings; |
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(14) an expunction or a petition for nondisclosure; |
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(15) an occupational driver's license; |
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(16) a waiver of extradition; |
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(17) the issuance of subpoenas and orders requiring |
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the production of medical records, including records relating to |
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mental health or substance abuse treatment; and |
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(18) any other matter the judge considers necessary |
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and proper. |
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SECTION 10. Section 103.0271, Government Code, is amended |
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to read as follows: |
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Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS: |
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GOVERNMENT CODE. Fees and costs shall be paid or collected under |
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the Government Code as follows: |
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(1) a program fee for a drug court program (Sec. |
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123.004, Government Code) . . . not to exceed $1,000; |
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(2) an alcohol or controlled substance testing, |
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counseling, and treatment fee (Sec. 123.004, Government |
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Code) . . . the amount necessary to cover the costs of testing, |
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counseling, and treatment; |
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(3) a reasonable program fee for a veterans treatment |
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court program (Sec. 124.005, Government Code) . . . not to exceed |
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$1,000; and |
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(4) a testing, counseling, and treatment fee for |
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testing, counseling, or treatment performed or provided under a |
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veterans treatment court program (Sec. 124.005, Government |
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Code) . . . the amount necessary to cover the costs of testing, |
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counseling, or treatment. |
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SECTION 11. Section 772.0061(a)(2), Government Code, as |
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amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the |
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83rd Legislature, Regular Session, 2013, is reenacted and amended |
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to read as follows: |
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(2) "Specialty court" means: |
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(A) a prostitution prevention program |
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established under Chapter 169A, Health and Safety Code; |
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(B) a family drug court program established under |
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Chapter 122 or former law; |
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(C) [(B)] a drug court program established under |
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Chapter 123 or former law; |
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(D) [(C)] a veterans treatment court program |
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established under Chapter 124 or former law; and |
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(E) [(D)] a mental health court program |
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established under Chapter 125 or former law. |
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SECTION 12. (a) The change in law made by this Act by |
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amending Section 124.002, Government Code, applies to a person who, |
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on or after the effective date of this Act, enters a veterans |
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treatment court program under Chapter 124, Government Code, |
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regardless of whether the person committed the offense for which |
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the person enters the program before, on, or after the effective |
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date of this Act. |
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(b) The change in law made by this Act in adding Section |
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124.006, Government Code, applies to a person who, on or after the |
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effective date of this Act, is under the supervision of a veterans |
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treatment court program. |
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SECTION 13. To the extent of any conflict, this Act prevails |
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over another Act of the 84th Legislature, Regular Session, 2015, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 14. This Act takes effect September 1, 2015. |
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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. 1474 passed the Senate on |
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April 30, 2015, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2015, 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. 1474 passed the House, with |
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amendment, on May 26, 2015, by the following vote: Yeas 140, |
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Nays 5, three 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 |