85R10747 LHC-D
 
  By: White H.B. No. 3069
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of and eligibility for participation
  in a veterans treatment court program and the issuance of orders of
  nondisclosure for certain participants who successfully complete
  that program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 124.001, Government Code, is amended by
  amending Subsection (b) and adding Subsections (c) and (d) to read
  as follows:
         (b)  If a defendant who was arrested for or charged with, but
  not convicted of or placed on deferred adjudication community
  supervision for, an offense successfully completes a veterans
  treatment court program, after notice to the attorney representing
  the state and a hearing in the veterans treatment court at which
  that court determines that a dismissal is in the best interest of
  justice, the court in which the criminal case is pending shall
  dismiss the case against the defendant.
         (c)  Regardless of whether the defendant is later convicted
  of or placed on deferred adjudication community supervision for the
  offense for which the defendant entered the veterans treatment
  court program, if a defendant described by Subsection (b)
  successfully completes a veterans treatment court program and the
  case is not dismissed under that subsection, after notice to the
  state and a hearing on whether the defendant is otherwise entitled
  to the petition and whether issuance of the order is in the best
  interest of justice, the court shall enter an order of
  nondisclosure of criminal history record information under
  Subchapter E-1, Chapter 411, with respect to all records and files
  related to the defendant's arrest for the offense for which the
  defendant entered the program if the defendant:
               (1)  has not been previously convicted of an offense
  listed in Article 42A.054(a), 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 felony offense between
  the date on which the defendant successfully completed the program
  and the second anniversary of that date.
         (d)  A defendant who successfully completes a veterans
  treatment court program as a result of receiving a conviction or
  deferred adjudication community supervision for an offense is
  entitled to petition for an order of nondisclosure of criminal
  history record information as described by Subsection (c), except
  that a defendant is not entitled to petition the court for an order
  of nondisclosure if the defendant's entry into the veterans
  treatment court program arose as the result of a conviction for an
  offense involving the operation of a motor vehicle while
  intoxicated.
         SECTION 2.  Sections 124.002(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The commissioners court of a county may establish a
  veterans treatment court program for persons arrested for, [or]
  charged with, convicted of, or placed on deferred adjudication
  community supervision for any misdemeanor or felony offense.  A
  defendant is eligible to participate in a veterans treatment court
  program established under this chapter only if the attorney
  representing the state consents to the defendant's participation in
  the program and if the court in which the criminal case is pending
  or in which the defendant was convicted or placed on deferred
  adjudication community supervision, as applicable, finds that the
  defendant is a veteran or current member of the United States armed
  forces, including a member of the reserves, national guard, or
  state guard, who:
               (1)  suffers from a brain injury, mental illness, or
  mental disorder, including post-traumatic stress disorder, or was a
  victim of military sexual trauma if the injury, illness, disorder,
  or trauma [that]:
                     (A)  occurred during or resulted from the
  defendant's military service; and
                     (B)  affected the defendant's criminal conduct at
  issue in the case; or
               (2)  is a defendant whose participation in a veterans
  treatment court program, considering the circumstances of the
  defendant's conduct, personal and social background, and criminal
  history, is likely to achieve the objective of ensuring public
  safety through rehabilitation of the veteran in the manner provided
  by Section 1.02(1), Penal Code.
         (c)  Proof of matters described by Subsection (a) may be
  submitted to the applicable criminal court [in which the criminal
  case is pending] in any form the court determines to be appropriate,
  including military service and medical records, previous
  determinations of a disability by a veteran's organization or by
  the United States Department of Veterans Affairs, testimony or
  affidavits of other veterans or service members, and prior
  determinations of eligibility for benefits by any state or county
  veterans office.  The court's findings must accompany any docketed
  case.
         SECTION 3.  Section 124.003(a), Government Code, is amended
  to read as follows:
         (a)  A veterans treatment court program established under
  this chapter must:
               (1)  if there has not yet been a disposition in the
  criminal case, ensure that a defendant eligible for participation
  in the program is provided legal counsel before volunteering to
  proceed through the program and while participating in the program;
               (2)  allow a participant arrested for or charged with
  an offense to withdraw from the program at any time before a trial
  on the merits has been initiated;
               (3)  provide a participant with a court-ordered
  individualized treatment plan indicating the services that will be
  provided to the participant; and
               (4)  ensure that the jurisdiction of the veterans
  treatment court continues for a period of not less than six months
  but does not continue beyond the period of community supervision
  for the offense charged.
         SECTION 4.  The change in law made by this Act by adding
  Sections 124.001(c) and (d), Government Code, and amending Section
  124.002, Government Code, applies to a person who, on or after the
  effective date of this Act, enters a veterans treatment court
  program under Chapter 124, Government Code, regardless of whether
  the person committed the offense for which the person enters the
  program before, on, or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2017.