85R668 GCB-D     By: White H.B. No. 58       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a specialty court for certain   first-time marihuana possession offenders; imposing a fee 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 128 to read as follows:   CHAPTER 128. FIRST CHANCE INTERVENTION PROGRAM          Sec. 128.001.  FIRST CHANCE INTERVENTION PROGRAM DEFINED.     In this chapter, "first chance intervention program" means a   specialty court program established under this chapter that is:                (1)  based on the principle that first-time defendants   who commit low-level, nonviolent offenses involving the possession   of marihuana are often self-correcting, without the need for more   formal and costly criminal justice intervention; and                (2)  intended to conserve law enforcement,   prosecution, court, jail, and corrections resources that would   otherwise be expended in the arrest, prosecution, and confinement   or community supervision of the defendant.          Sec. 128.002.  AUTHORITY TO ESTABLISH PROGRAM. The   commissioners court of a county or governing body of a municipality   may establish a first chance intervention program for defendants   charged with an offense involving the possession of marihuana that   is punishable under Section 481.121(b)(1), Health and Safety Code.          Sec. 128.003.  ELIGIBILITY.  (a)  A defendant is eligible to   participate in a first chance intervention program established   under this chapter only if:                (1)  the attorney representing the state consents to   the defendant's participation in the program;                (2)  at the time of the defendant's arrest for an   offense under Section 481.121(b)(1), Health and Safety Code, or at   the time of the issuance of a citation to the defendant under   Article 14.06(c), Code of Criminal Procedure, for an offense under   Section 481.121(b)(1), Health and Safety Code, the defendant:                      (A)  displayed identifying information sufficient   for a peace officer to confirm the defendant's identity;                      (B)  was not charged with another offense, other   than a misdemeanor offense punishable by fine only;                      (C)  was not released on bond for another offense   other than a misdemeanor offense punishable by fine only for which   charges were still pending; and                      (D)  was not the subject of an outstanding warrant   for the commission of any offense;                (3)  the defendant has not previously been convicted or   placed on deferred adjudication for an offense, other than a   misdemeanor offense punishable by fine only; and                (4)  the defendant has not previously participated in   the program under this chapter or another specialty court program   under this subtitle.          (b)  The court in which the criminal case is pending shall   allow an eligible defendant to choose whether to participate in the   first chance intervention program or otherwise proceed through the   criminal justice system.          (c)  If an eligible defendant commits any offense during the   defendant's participation in the first chance intervention   program, the defendant is no longer eligible for participation in   the program and the defendant's case shall be referred to the   appropriate court to proceed through the criminal justice system.          Sec. 128.004.  PROGRAM REQUIREMENTS. (a)  Not later than the   third day after the date the court informs the defendant that the   defendant is eligible to participate in a first chance intervention   program established under this chapter, the defendant must contact   the appropriate agency designated by the commissioners court to   schedule an intake interview and assessment.          (b)  Based on the intake interview and assessment, the   defendant shall be ordered to:                (1)  complete eight hours of community service; or                (2)  participate in an eight-hour cognitive class.          (c)  A first chance intervention program must be either 60 or   90 days in length.          Sec. 128.005.  ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY   RECORD INFORMATION.  If a defendant successfully completes a first   chance intervention 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, 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 dismissal and discharge   under Article 42A.111, Code of Criminal Procedure, with respect to   all records and files related to the defendant's arrest or citation   for the offense for which the defendant entered the program if the   defendant:                (1)  has not been previously convicted of or placed on   deferred adjudication community supervision for 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 of or placed on deferred   adjudication community supervision for a felony offense after the   date on which the defendant successfully completed the program and   before the second anniversary of that date.          Sec. 128.006.  FEE. (a)  Except as otherwise provided by   this section, a first chance intervention program shall collect   from a participant in the program a fee of $100.          (b)  The court shall waive the fee required under Subsection   (a) if the court determines that the defendant is indigent based on   the defendant's sworn statement or affidavit filed with the court.          (c)  Based on the defendant's ability to pay, the court may   reduce the fee required under Subsection (a).          SECTION 2.  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 drug court programs established under   Chapter 122, 123, 124, [or] 125, or 128, Government Code, or former   law.          SECTION 3.  Article 102.0178(g), Code of Criminal Procedure,   is amended to read as follows:          (g)  The comptroller shall deposit the funds received under   this article to the credit of the drug court account in the general   revenue fund to help fund drug court programs established under   Chapter 122, 123, 124, [or] 125, or 128, Government Code, or former   law.  The legislature shall appropriate money from the account   solely to the criminal justice division of the governor's office   for distribution to drug court programs that apply for the money.          SECTION 4.  Subchapter B, Chapter 103, Government Code, is   amended by adding Section 103.02713 to read as follows:          Sec. 103.02713.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:   GOVERNMENT CODE. A program fee for a first chance intervention   program established under Section 128.002 shall be collected under   Section 128.006 in the amount of $100.          SECTION 5.  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; [and]                      (E)  a mental health court program established   under Chapter 125 or former law; and                      (F)  a first chance intervention program   established under Chapter 128.          SECTION 6.  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, [or] 125, or 128 or former law.          SECTION 7.  This Act takes effect September 1, 2017.