87R16543 ADM-D     By: Crockett, Morales Shaw H.B. No. 3315     Substitute the following for H.B. No. 3315:     By:  Ramos C.S.H.B. No. 3315       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a pretrial intervention program for   certain youth offenders; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. PRETRIAL INTERVENTION PROGRAM          SECTION 1.01.  Subtitle K, Title 2, Government Code, is   amended by adding Chapter 127 to read as follows:   CHAPTER 127. PRETRIAL INTERVENTION PROGRAM FOR CERTAIN YOUTH   OFFENDERS          Sec. 127.001.  YOUTH PRETRIAL INTERVENTION PROGRAM DEFINED;   PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "youth   pretrial intervention 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 youth pretrial   intervention program, after notice to the attorney representing the   state and a hearing in the youth pretrial intervention court at   which that court determines that a dismissal is in the best interest   of justice, the youth pretrial intervention court shall provide to   the court in which the criminal case is pending information about   the dismissal and shall include all of the information required   about the defendant for a petition for expunction under Section   2(b), Article 55.02, Code of Criminal Procedure. The court in which   the criminal case is pending shall dismiss the case against the   defendant and:                (1)  if that trial court is a district court, the court   may, with the consent of the attorney representing the state, enter   an order of expunction on behalf of the defendant under Section   1a(a-3), Article 55.02, Code of Criminal Procedure; or                (2)  if that trial court is not a district court, the   court may, with the consent of the attorney representing the state,   forward the appropriate dismissal and expunction information to   enable a district court with jurisdiction to enter an order of   expunction on behalf of the defendant under Section 1a(a-3),   Article 55.02, Code of Criminal Procedure.          Sec. 127.002.  ESTABLISHMENT OF PROGRAM; DEFENDANT   ELIGIBILITY. (a) The commissioners court of a county shall   establish a youth pretrial intervention program for persons   arrested for or charged with an offense that is punishable as a   Class B misdemeanor or any higher category of offense, other than an   offense listed in Article 42A.054(a), Code of Criminal Procedure.          (b)  A defendant is eligible to participate in a youth   pretrial intervention program established under this chapter only   if:                (1)  the defendant was younger than 18 years of age at   the time of the offense; and                (2)  the defendant has not previously been convicted of   or placed on deferred adjudication community supervision for an   offense other than a traffic offense that is punishable by fine   only.          (c)  The court in which the criminal case is pending shall   allow an eligible defendant to choose whether to proceed through   the youth pretrial intervention program or otherwise through the   criminal justice system.          Sec. 127.003.  DUTIES OF YOUTH PRETRIAL INTERVENTION   PROGRAM. (a) A youth pretrial intervention program established   under this chapter must:                (1)  ensure that a defendant eligible for participation   in the program is provided legal counsel before electing 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; and                (3)  provide a participant with a court-ordered   individualized treatment plan indicating the services that will be   provided to the participant.          (b)  A youth pretrial intervention 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 youth pretrial intervention 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. 127.004.  CONDITIONS OF PROGRAM. (a)  A program   participant charged with an offense punishable as a Class B   misdemeanor may not be required to spend more than one year in the   program and may not be required to perform more than 24 hours of   community service as part of the program.          (b)  A program participant charged with an offense   punishable as a Class A misdemeanor or state jail felony may not be   required to spend more than two years in the program and may not be   required to perform more than 24 hours of community service as part   of the program.          (c)  A program participant charged with an offense   punishable as a felony of the third degree may not be required to   spend more than three years in the program and may not be required   to perform more than 50 hours of community service as part of the   program.          (d)  A program participant charged with an offense   punishable as a felony of the second degree may not be required to   spend more than four years in the program and may not be required to   perform more than 75 hours of community service as part of the   program.          (e)  A program participant charged with an offense   punishable as a felony of the first degree may not be required to   spend more than five years in the program and may not be required to   perform more than 100 hours of community service as part of the   program.          Sec. 127.005.  SUPERVISION OF PARTICIPANTS.  The community   supervision and corrections department serving the county in which   the program is operated shall supervise program participants.          Sec. 127.006.  ESTABLISHMENT OF REGIONAL PROGRAM. The   commissioners courts of two or more counties may elect to establish   a regional youth pretrial intervention program under this chapter   for the participating counties.          Sec. 127.007.  REIMBURSEMENT FEES. (a)  A youth pretrial   intervention program established under this chapter may collect   from a participant in the program:                (1)  a reasonable reimbursement fee for the program;   and                (2)  a testing, counseling, and treatment   reimbursement fee in an amount necessary to cover the costs of any   testing, counseling, or treatment performed or provided under the   program.          (b)  Reimbursement 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. 127.008.  COURTESY SUPERVISION. (a) A youth pretrial   intervention program that accepts placement of a defendant may   transfer responsibility for supervising the defendant's   participation in the program to another youth pretrial intervention   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 youth pretrial intervention   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 youth pretrial intervention   program that accepts the transfer.          (c)  If a defendant whose supervision is transferred under   this section does not successfully complete the program, the youth   pretrial intervention program supervising the defendant shall   return the responsibility for the defendant's supervision to the   youth pretrial intervention program that initiated the transfer.          SECTION 1.02.  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 court programs established   under Chapter 122, 123, 124, 125, 127, or 129, Government Code, or   former law.          SECTION 1.03.  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;                      (E)  a mental health court program established   under Chapter 125 or former law;                      (F)  a youth pretrial intervention program   established under Chapter 127; and                      (G) [(F)]  a public safety employees treatment   court program established under Chapter 129.          SECTION 1.04.  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, 125, 127, or 129 or former law.   ARTICLE 2. AUTOMATIC EXPUNCTION          SECTION 2.01.  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 completed a veterans   treatment court program created under Chapter 124, Government Code,   or former law, subject to Subsection (a-3);                                  (b)  the person completed a mental   health court program created under Chapter 125, Government Code, or   former law, subject to Subsection (a-4);                                  (c)  the person completed a youth   pretrial intervention program created under Chapter 127,   Government Code;                                  (d)  the person completed a pretrial   intervention program authorized under Section 76.011, Government   Code, other than a veterans treatment court program created under   Chapter 124, Government Code, or former law, [or] a mental health   court program created under Chapter 125, Government Code, or former   law, or a youth pretrial intervention program created under Chapter   127, Government Code;                                  (e) [(d)]  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                                  (f) [(e)]  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 2.02.  Section 1a, Article 55.02, Code of Criminal   Procedure, is amended by adding Subsection (a-3) to read as   follows:          (a-3)  A trial court dismissing a case following a person's   successful completion of a youth pretrial intervention program   created under Chapter 127, Government Code, if the trial court is a   district court or a district court in the county in which the trial   court is located, may, with the consent of the attorney   representing the state, enter an order of expunction for a person   entitled to expunction under Article 55.01(a)(2)(A)(ii)(c) not   later than the 30th day after the date the court dismisses the case   or receives the information regarding that dismissal, as   applicable. Notwithstanding any other law, a court that enters an   order for expunction under this subsection may not charge any fee or   assess any cost for the expunction.          SECTION 2.03.  Article 102.006(b-1), Code of Criminal   Procedure, is amended to read as follows:          (b-1)  The fees under Subsection (a) shall be waived if the   petitioner is entitled to expunction:                (1)  under Article 55.01(a)(2)(A)(ii)(a) after   successful completion of a veterans treatment court program created   under Chapter 124, Government Code, or former law; [or]                (2)  under Article 55.01(a)(2)(A)(ii)(b) after   successful completion of a mental health court program created   under Chapter 125, Government Code, or former law; or                (3)  under Article 55.01(a)(2)(A)(ii)(c) after   successful completion of a youth pretrial intervention program   created under Chapter 127, Government Code.   ARTICLE 3. TRANSITION; EFFECTIVE DATE          SECTION 3.01.  The changes in law made by this Act apply only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.02.  This Act takes effect September 1, 2021.