By: Geren (Senate Sponsor - Birdwell) H.B. No. 3391
         (In the Senate - Received from the House May 15, 2017;
  May 15, 2017, read first time and referred to Committee on State
  Affairs; May 19, 2017, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of a specialty court for certain public
  safety employees who commit a criminal offense; imposing fees for
  participation and testing, counseling, and treatment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle K, Title 2, Government Code, is amended
  by adding Chapter 129 to read as follows:
  CHAPTER 129. PUBLIC SAFETY EMPLOYEES TREATMENT COURT PROGRAM
         Sec. 129.001.  DEFINITION. In this chapter, "public safety
  employee" means a peace officer, firefighter, detention officer,
  county jailer, or emergency medical services employee of this state
  or a political subdivision of this state.
         Sec. 129.002.  PUBLIC SAFETY EMPLOYEES TREATMENT COURT
  PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a)  In this
  chapter, "public safety employees treatment court program" means a
  program that has the following essential characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (2)  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;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to a continuum of alcohol, controlled
  substance, mental health, and other related treatment and
  rehabilitative services;
               (5)  careful monitoring of treatment and services
  provided to program participants;
               (6)  a coordinated strategy to govern program responses
  to participants' compliance;
               (7)  ongoing judicial interaction with program
  participants;
               (8)  monitoring and evaluation of program goals and
  effectiveness;
               (9)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations;
               (10)  development of partnerships with public agencies
  and community organizations; and
               (11)  inclusion of a participant's family members who
  agree to be involved in the treatment and services provided to the
  participant under the program.
         (b)  If a defendant successfully completes a public safety
  employees treatment court program, after notice to the attorney
  representing the state and a hearing in the public safety employees
  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.
         Sec. 129.003.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
  (a)  The commissioners court of a county may establish a public
  safety employees treatment court program for persons arrested for
  or charged with any misdemeanor or felony offense.  A defendant is
  eligible to participate in a public safety employees 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
  finds that the defendant is a current or former public safety
  employee who:
               (1)  suffers from a brain injury, mental illness, or
  mental disorder, including post-traumatic stress disorder, that:
                     (A)  occurred during or resulted from the
  defendant's duties as a public safety employee; and
                     (B)  affected the defendant's criminal conduct at
  issue in the case; or
               (2)  is a defendant whose participation in a public
  safety employees 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
  public safety employee in the manner provided by Section 1.02(1),
  Penal Code.
         (b)  The court in which the criminal case is pending shall
  allow an eligible defendant to choose whether to proceed through
  the public safety employees treatment court program or otherwise
  through the criminal justice system.
         (c)  Proof of matters described by Subsection (a) may be
  submitted to the court in which the criminal case is pending in any
  form the court determines to be appropriate, including medical
  records or testimony or affidavits of other public safety
  employees.  The court's findings must accompany any docketed case.
         Sec. 129.004.  DUTIES OF PUBLIC SAFETY EMPLOYEES TREATMENT
  COURT PROGRAM. (a)  A public safety employees treatment court
  program established under this chapter must:
               (1)  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 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 public safety
  employees 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.
         (b)  A public safety employees treatment court program
  established under this chapter shall make, establish, and publish
  local procedures to ensure maximum participation of eligible
  defendants in the county or counties in which those defendants
  reside.
         (c)  A public safety employees treatment court program may
  allow a participant to comply with the participant's court-ordered
  individualized treatment plan or to fulfill certain other court
  obligations through the use of videoconferencing software or other
  Internet-based communications.
         (d)  This chapter does not prevent the initiation of
  procedures under Chapter 46B, Code of Criminal Procedure.
         Sec. 129.005.  ESTABLISHMENT OF REGIONAL PROGRAM. (a)  The
  commissioners courts of two or more counties may elect to establish
  a regional public safety employees treatment court program under
  this chapter for the participating counties.
         (b)  For purposes of this chapter, each county that elects to
  establish a regional public safety employees treatment court
  program under this section is considered to have established the
  program and is entitled to retain fees under Article 102.0178, Code
  of Criminal Procedure, in the same manner as if the county had
  established a public safety employees treatment court program
  without participating in a regional program.
         Sec. 129.006.  FEES. (a)  A public safety employees
  treatment court program established under this chapter may collect
  from a participant in the program:
               (1)  a reasonable program fee not to exceed $1,000; and
               (2)  a testing, counseling, and treatment fee in an
  amount necessary to cover the costs of any testing, counseling, or
  treatment performed or provided under the program.
         (b)  Fees collected under this section may be paid on a
  periodic basis or on a deferred payment schedule at the discretion
  of the judge, magistrate, or coordinator.  The fees must be:
               (1)  based on the participant's ability to pay; and
               (2)  used only for purposes specific to the program.
         Sec. 129.007.  COURTESY SUPERVISION. (a)  A public safety
  employees treatment court program that accepts placement of a
  defendant may transfer responsibility for supervising the
  defendant's participation in the program to another public safety
  employees treatment court program that is located in the county
  where the defendant works or resides.  The defendant's supervision
  may be transferred under this section only with the consent of both
  public safety employees treatment court programs and the defendant.
         (b)  A defendant who consents to the transfer of the
  defendant's supervision must agree to abide by all rules,
  requirements, and instructions of the public safety employees
  treatment court program that accepts the transfer.
         (c)  If a defendant whose supervision is transferred under
  this section does not successfully complete the program, the public
  safety employees treatment court program supervising the defendant
  shall return the responsibility for the defendant's supervision to
  the public safety employees treatment court program that initiated
  the transfer.
         (d)  If a defendant is charged with an offense in a county
  that does not operate a public safety employees treatment court
  program, the court in which the criminal case is pending may place
  the defendant in a public safety employees treatment court program
  located in the county where the defendant works or resides,
  provided that a program is operated in that county and the defendant
  agrees to the placement.  A defendant placed in a public safety
  employees treatment court program in accordance with this
  subsection must agree to abide by all rules, requirements, and
  instructions of the program.
         SECTION 2.  Article 59.062(f), Code of Criminal Procedure,
  is amended to read as follows:
         (f)  A civil penalty collected under this article shall be
  deposited to the credit of the drug court account in the general
  revenue fund to help fund specialty [drug] court programs
  established under Chapter 122, 123, 124, [or] 125, or 129,
  Government Code, or former law.
         SECTION 3.  Article 102.0178(g), Code of Criminal Procedure,
  is amended to read as follows:
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of the drug court account in the general
  revenue fund to help fund drug court programs established under
  Chapter 122, 123, 124, [or] 125, or 129, Government Code, or former
  law.  The legislature shall appropriate money from the account
  solely to the criminal justice division of the governor's office
  for distribution to drug court programs that apply for the money.
         SECTION 4.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Sections 103.02714 and 103.02715 to read as
  follows:
         Sec. 103.02714.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
  GOVERNMENT CODE.  A program fee for a public safety employees
  treatment court program established under Section 129.003 shall be
  collected under Section 129.006 in a reasonable amount not to
  exceed $1,000.
         Sec. 103.02715.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
  GOVERNMENT CODE. A participant in a public safety employees
  treatment court program administered under Chapter 129 shall pay a
  fee in an amount necessary to cover the costs of any testing,
  counseling, or treatment performed or provided to the participant
  under the program.
         SECTION 5.  Section 772.0061(a)(2), Government Code, is
  amended to read as follows:
               (2)  "Specialty court" means:
                     (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; [and]
                     (E)  a mental health court program established
  under Chapter 125 or former law; and
                     (F)  a public safety employees treatment court
  program established under Chapter 129.
         SECTION 6.  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 criminal justice
  division regarding best practices for specialty courts established
  under Chapter 122, 123, 124, [or] 125, or 129 or former law.
         SECTION 7.  This Act takes effect September 1, 2017.
 
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