Bill Text: TX HB1394 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the eligibility to participate in certain drug court programs.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-04-27 - Received from the House [HB1394 Detail]

Download: Texas-2023-HB1394-Engrossed.html

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By: Moody, Garcia H.B. No. 1394

A BILL TO BE ENTITLED
AN ACT
relating to the eligibility to participate in certain drug court
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 123.002, Government Code, is amended to
read as follows:
Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court of a county or governing body of a
municipality may establish the following types of drug court
programs:
(1) drug courts for persons arrested for, charged
with, or convicted of:
(A) an offense in which an element of the offense
is the use or possession of alcohol or the use, possession, or sale
of a controlled substance, a controlled substance analogue, or
marihuana; or
(B) an offense in which the use of alcohol or a
controlled substance is suspected to have significantly
contributed to the commission of the offense, subject to Subsection
(b) [and the offense did not involve:
[(i) carrying, possessing, or using a
firearm or other dangerous weapon;
[(ii) the use of force against the person of
another; or
[(iii) the death of or serious bodily
injury to another];
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance, a
controlled substance analogue, or marihuana; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct,
subject to Subsection (b) [and the conduct did not involve:
[(i) carrying, possessing, or using a
firearm or other dangerous weapon;
[(ii) the use of force against the person of
another; or
[(iii) the death of or serious bodily
injury to another];
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 123.001.
(b) Unless the attorney representing the state consents to
the participation in the applicable drug court program:
(1) a person is not eligible to participate in a drug
court program established under Subsection (a)(1) for an offense
described by Subsection (a)(1)(B) involving:
(A) carrying, possessing, or using a firearm or
other dangerous weapon;
(B) the use of force against the person of
another; or
(C) serious bodily injury to another; and
(2) a juvenile is not eligible to participate in a drug
court program established under Subsection (a)(2) for conduct
described by Subsection (a)(2)(B) involving:
(A) carrying, possessing, or using a firearm or
other dangerous weapon; or
(B) serious bodily injury to another.
SECTION 2. Section 123.006(a), Government Code, is amended
to read as follows:
(a) The commissioners court of a county with a population of
more than 200,000 shall:
(1) establish a drug court program under Section
123.002(a)(1) [123.002(1)]; and
(2) direct the judge, magistrate, or coordinator to
comply with Section 121.002(c)(1).
SECTION 3. The change in law made by this Act applies to a
defendant who enters a drug court program under Chapter 123,
Government Code, regardless of whether the defendant committed the
offense for which the defendant enters the program before, on, or
after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.