Bill Text: TX HB1740 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the administration of veterans treatment court programs, the expunction of arrest records and files for certain participants who successfully complete a program, and the issuance of orders of nondisclosure for participants convicted of a misdemeanor; changing a fee.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-03-06 - Referred to Judiciary & Civil Jurisprudence [HB1740 Detail]

Download: Texas-2017-HB1740-Introduced.html

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85R5583 LHC-D
By: Blanco H.B. No. 1740

A BILL TO BE ENTITLED
AN ACT
relating to the administration of veterans treatment court
programs, the expunction of arrest records and files for certain
participants who successfully complete a program, and the issuance
of orders of nondisclosure for participants convicted of a
misdemeanor; changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55.01(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Chapter
42A for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person was arrested for an
offense punishable as a Class B or Class C misdemeanor and
subsequently completed a veterans treatment court program under
Chapter 124, Government Code, or former law;
(b) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, or, if the person was arrested for an offense punishable as a
Class A misdemeanor or any higher category of offense, a veterans
treatment court program under Chapter 124, Government Code, or
former law;
(c) [because] the presentment had
been made because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense; or
(d) [, or because] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
SECTION 2. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) A trial court dismissing a case of a person arrested
for a Class B or Class C misdemeanor, following the person's
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law, if the trial
court is a district court, or a district court in the county in
which the trial court is located shall enter an order of expunction
for a person entitled to expunction under Article
55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date
the court dismisses the case or receives the information regarding
that dismissal, as applicable.
SECTION 3. Section 2(a), Article 55.02, Code of Criminal
Procedure, is amended to read as follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a)(1)(B)(i) or under Article
55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
who is eligible for expunction of records and files under Article
55.01(b) may file an ex parte petition for expunction in a district
court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 4. Section 103.027(a), Government Code, is amended
to read as follows:
(a) Fees and costs shall be paid or collected under the
Government Code as follows:
(1) filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(2) cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the assistant
prosecutor supplement fund and the fair defense account (Sec.
41.258, Government Code) . . . $15, provided the cost does not
exceed $30 for all bail bonds posted at that time for an individual
and the cost is not required on the posting of a personal or cash
bond;
(3) to participate in a court proceeding in this
state, a nonresident attorney fee (Sec. 82.0361, Government Code) .
. . $250 except as waived or reduced under supreme court rules for
representing an indigent person;
(4) on a party's appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency's rule, as a court cost (Sec. 2001.177, Government Code) . .
. as assessed by the court, all or part of the cost of preparation;
(5) a program fee for a drug court program (Sec.
123.004, Government Code) . . . not to exceed $1,000;
(6) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 123.004, Government Code) . . .
the amount necessary to cover the costs of testing, counseling, and
treatment;
(7) a reasonable program fee for a veterans treatment
court program (Sec. 124.005, Government Code) . . . not to exceed
$500 [$1,000];
(8) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans treatment court program (Sec. 124.005, Government Code) .
. . the amount necessary to cover the costs of testing, counseling,
or treatment; and
(9) a nonrefundable program fee for a prostitution
prevention program (Sec. 126.006, Government Code) . . . a
reasonable amount not to exceed $1,000, which must include a
counseling and services fee in an amount necessary to cover the
costs of counseling and services provided by the program, a victim
services fee in an amount equal to 10 percent of the total fee, and a
law enforcement training fee in an amount equal to five percent of
the total fee.
SECTION 5. 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 veterans treatment court shall provide its findings
with respect to the dismissal to the court in which the criminal
case is pending and shall include, for a defendant entitled to
expunction, all of the information required for a petition under
Section 2(b), Article 55.02, Code of Criminal Procedure. If the
veterans treatment court determines that a dismissal is in the best
interest of justice for a program participant, the court in which
the criminal case is pending shall dismiss the case against the
participant. For a participant who is entitled to an automatic
order of expunction under Section 1a(a-1), Article 55.02, Code of
Criminal Procedure, the court in which the criminal case is pending
shall:
(1) enter the order on behalf of the participant, if
that court is a district court; or
(2) if that court is not a district court, forward the
appropriate dismissal and expunction information to a district
court with jurisdiction to enter the order on behalf of the
participant [defendant].
(c) Regardless of whether the defendant was convicted of the
offense for which the defendant entered the veterans treatment
court program or whether the applicable court with jurisdiction
over the criminal case deferred further proceedings without
entering an adjudication of guilt, if a defendant successfully
completes a veterans treatment court program and the case was not
dismissed under Subsection (b), 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, as if the defendant had received a discharge and dismissal
under Article 42A.111, Code of Criminal Procedure, 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 entered the program based on an offense punishable as a
misdemeanor and:
(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) Notwithstanding Subsection (c), a defendant is not
entitled to petition the court for an order of nondisclosure of
criminal history record information following successful
completion of a veterans treatment court program if the defendant's
entry into the program arose as the result of a conviction for an
offense involving the operation of a motor vehicle while
intoxicated and it was shown on the trial of the offense that the
defendant's operation of a motor vehicle while intoxicated caused
bodily injury to another. In this subsection, "bodily injury" has
the meaning assigned by Section 1.07, Penal Code.
SECTION 6. 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 7. 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 8. Section 124.005(a), Government Code, is amended
to read as follows:
(a) A veterans treatment court program established under
this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $500
[$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.
SECTION 9. Section 103.0271, Government Code, is repealed.
SECTION 10. (a) The changes in law made by this Act in
amending Chapter 55, Code of Criminal Procedure, and in amending
Section 124.001(b), Government Code, apply to the expunction of
arrest records and files for an arrested person who successfully
completes a veterans treatment court program under Chapter 124,
Government Code, or former law, before, on, or after the effective
date of this Act, regardless of when the underlying arrest
occurred.
(b) For a person who is arrested for a Class B or Class C
misdemeanor and who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as added by this
Act, based on a successful completion of a veterans treatment court
program under Chapter 124, Government Code, or former law, before
the effective date of this Act, notwithstanding the 30-day time
limit provided for the court to enter an automatic order of
expunction under Section 1a(a-1), Article 55.02, Code of Criminal
Procedure, as added by this Act, the court shall enter an order of
expunction for the person as soon as practicable after the court
receives written notice from any party to the case about the
person's entitlement to the expunction.
(c) The change in law made by this Act by adding Sections
124.001(c) and (d), Government Code, and amending Sections 124.002
and 124.005(a), 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 11. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 12. This Act takes effect September 1, 2017.