HB2247 - Relating to the creation of a specialty court for individuals who commit family violence; imposing fees for participation.

  89R8297 AMF-D     By: Garcia of Bexar H.B. No. 2247       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a specialty court for individuals who   commit family violence; imposing fees for participation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle K, Title 2, Government Code, is amended   by adding Chapter 127 to read as follows:   CHAPTER 127. FAMILY VIOLENCE COURT PROGRAM           Sec.   127.001.     DEFINITION. In this chapter, "family   violence" has the meaning assigned by Section 71.004, Family Code.           Sec.   127.002.     FAMILY VIOLENCE COURT PROGRAM DEFINED; COURT   PROCEDURE FOR CERTAIN DEFENDANTS.   (a)   In this chapter, "family   violence court program" means a program that has the following   essential characteristics:                 (1)     the integration in the processing of cases in the   judicial system of educational and rehabilitative services and   interventions designed to assist program participants with ending   their abusive behavior, including integration of a battering   intervention and prevention program established under Article   42.141, Code of Criminal Procedure;                 (2)     consideration of the health and safety of alleged   victims of program participants;                 (3)     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;                 (4)     early identification and prompt placement in the   program of eligible participants;                 (5)     ongoing judicial interaction with program   participants;                 (6)     monitoring of services and interventions provided   to program participants;                 (7)     monitoring and evaluation of program goals and   effectiveness;                 (8)     continuing interdisciplinary education to promote   effective program planning, implementation, and operations; and                 (9)     development of partnerships with public agencies   and community organizations, including the service providers under   a battering intervention and prevention program established under   Article 42.141, Code of Criminal Procedure.           (b)     Subject to Subsection (c), after notice to the attorney   representing this state in a criminal case and a hearing at which a   family violence court finds dismissal is in the best interest of   justice, a court shall:                 (1)     dismiss the case against a defendant who   successfully completes a family violence court program, regardless   of whether the defendant was convicted of the offense for which the   defendant entered the program or whether the court deferred further   proceedings without entering an adjudication of guilt; and                 (2)     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.           (c)  Subsection (b) applies only to a defendant who:                 (1)     has not been previously convicted of an offense   listed in Article 42A.054, 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 offense in which an   element of the offense is family violence between the date on which   the defendant successfully completed the program and the second   anniversary of that date.           Sec.   127.003.     AUTHORITY TO ESTABLISH PROGRAM. The   commissioners court of a county may establish a family violence   court program for persons who have been arrested for, charged with,   or convicted of a misdemeanor offense in which an element of the   offense is family violence.             Sec.   127.004.     ESTABLISHMENT OF REGIONAL PROGRAM. The   commissioners courts of two or more counties may elect to establish   a regional family violence court program under this chapter for the   participating counties.           Sec.   127.005.     REIMBURSEMENT FEE. (a) A family violence   court program established under this chapter may collect from a   participant in the program a reasonable reimbursement fee for the   program not to exceed $1,000.           (b)     A reimbursement fee collected under this section may be   paid periodically or on a deferred payment schedule at the   discretion of the judge, magistrate, or coordinator. The fee must   be:                 (1)  based on the participant's ability to pay; and                 (2)  used only for purposes specific to the program.          SECTION 2.  Section 772.0061(a)(2), Government Code, is   amended to read as follows:                (2)  "Specialty court" means a specialty court program   established under Subtitle K, Title 2 [ :                      [ (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 public safety employees treatment court   program established under Chapter 129; and          [ (G) a juvenile family drug court program established under   Chapter 130 ].          SECTION 3.  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 Texas Judicial   Council, the Office of Court Administration of the Texas Judicial   System, and the criminal justice division regarding best practices   for specialty courts established under Subtitle K, Title 2 [ Chapter   122, 123, 124, 125, 129, or 130 ], or former law.          SECTION 4.  This Act takes effect September 1, 2025.