HB5240 - Relating to the creation of a pretrial intervention and diversion program for certain nonviolent offenses; authorizing a fee.

  89R11122 MEW-D     By: Morales Shaw H.B. No. 5240       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a pretrial intervention and diversion   program for certain nonviolent offenses; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 32, Code of Criminal Procedure, is   amended by adding Article 32.03 to read as follows:           Art.   32.03.     PRETRIAL INTERVENTION AND DIVERSION PROGRAM FOR   CERTAIN NONVIOLENT OFFENSES. (a)   This article applies to a   defendant who:                 (1)     has not previously been convicted of an offense;   and                 (2)     is charged with an offense that is not an offense   involving violence, as defined by Article 17.03.           (b)     At any time before trial commences, on the joint motion   of a defendant to whom this article applies and the attorney   representing the state, a court may defer proceedings without   entering an adjudication of guilt and permit the defendant to   participate in a pretrial intervention and diversion program   established by the office of the attorney representing the state.           (c)     In establishing a pretrial intervention and diversion   program, the office of the attorney representing the state:                 (1)     shall develop written guidelines regarding   implementation of the program, including guidelines for accepting a   defendant into the program that take into consideration:                       (A)     the nature of the offense committed by the   defendant; and                       (B)     on notifying any victims of the offense of   the defendant's possible participation in the pretrial   intervention and diversion program, the victim's response to that   notification; and                 (2)  may require a defendant to:                       (A)  perform community service; and                       (B)     pay restitution to any victims of the offense   committed by the defendant.           (d)     The office of the attorney representing the state may   enter into a contract with any entity or individual for the purpose   of monitoring the defendant's compliance with a pretrial   intervention and diversion program established under this article.           (e)     A court that defers proceedings under Subsection (b)   shall set a reasonable date by which the defendant must complete the   pretrial intervention and diversion program established under this   article, which may be extended in the court's discretion.           (f)     A court shall dismiss the proceedings against the   defendant and discharge the defendant if satisfactory evidence is   presented that the defendant successfully completed the pretrial   intervention and diversion program by the date specified under   Subsection (e).          SECTION 2.  Article 102.0121, Code of Criminal Procedure, is   amended to read as follows:          Art. 102.0121.  REIMBURSEMENT FEES FOR CERTAIN EXPENSES   RELATED TO PRETRIAL INTERVENTION PROGRAMS AND PRETRIAL   INTERVENTION AND DIVERSION PROGRAMS .  (a)  A district attorney,   criminal district attorney, or county attorney may collect a   reimbursement fee [ in an amount not to exceed $500 ] to be used to   reimburse a county for expenses, including expenses of the district   attorney's, criminal district attorney's, or county attorney's   office, related to a defendant's participation in a pretrial   intervention program or a pretrial intervention and diversion   program offered in that county in an amount not to exceed:                 (1)     $1,000 for a pretrial intervention and diversion   program offered under Article 32.03; or                 (2)     $500 for a pretrial intervention program not   described by Subdivision (1) .          (b)  The district attorney, criminal district attorney, or   county attorney may collect the reimbursement fee from any   defendant who participates in a pretrial intervention program or   pretrial intervention and diversion program administered in any   part by the attorney's office.          (c)  Reimbursement fees collected under this article shall   be deposited in the county treasury in a special fund to be used   solely to administer the pretrial intervention program or pretrial   intervention and diversion program .  An expenditure from the fund   may be made only in accordance with a budget approved by the   commissioners court.          SECTION 3.  The change in law made by this Act applies 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 4.  This Act takes effect September 1, 2025.