HB 205 — Specialty courts

90R4204 EMS-D By: Garcia of Bexar H.B. No. 205 relating to specialty courts and the creation of a specialty court for individuals who are arrested for and charged with committing family violence; imposing fees for participation in specialty court.

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) If a defendant who was arrested for and charged with, but not convicted of or placed on deferred adjudication community supervision for, an offense successfully completes a family violence court program, after notice to the attorney representing the state and a hearing in the family violence court at which that court determines that a dismissal is in the best interest of justice, the family violence 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 Article 55A.253, 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 Article 55A.203(a), 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 Article 55A.203(a), Code of Criminal Procedure. 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 and charged with a misdemeanor offense in which an element of the offense is family violence or persons who are convicted of or placed on deferred adjudication community supervision for the offense. 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. Article 55A.053, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (c-1) to read as follows: (a) A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if: (1) 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, when presented at any time following the arrest, was dismissed or quashed; and (2) 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 (b); (B) the person completed a mental health court program created under Chapter 125, Government Code, or former law, subject to Subsection (c); (C) the person completed a family violence court program created under Chapter 127, Government Code, subject to Subsection (c-1); (D) the person completed a pretrial intervention program authorized under Section 76.011, Government Code, other than a program described by Paragraph (A) , [ or ] (B) , or (C) ; (E) [ (D) ] the presentment of the indictment or information was 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. (c-1) A person is eligible under Subsection (a)(2)(C) for an expunction of arrest records and files only if the person: (1) has not previously received an expunction under that paragraph; and (2) submits to the court an affidavit attesting to that fact.

SECTION 3. Article 55A.203, Code of Criminal Procedure, is amended by adding Subsection (b-1) and amending Subsection (d) to read as follows: (b-1) A trial court that 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 expunction order for a person entitled to expunction under Article 55A.053(a)(2)(C) not later than the 30th day after the date the court, as applicable: (1) dismisses the case following the person's successful completion of a family violence court program created under Chapter 127, Government Code; or (2) receives the information regarding the dismissal. (d) A person entitled to expunction under Article 55A.053(a)(2)(A) , [ or ] (B) , or (C) shall provide the court with the information required in a petition for expunction under Article 55A.253.

SECTION 4. Article 102.0061(d), Code of Criminal Procedure, is amended to read as follows: (d) The fee under Subsection (a) shall be waived if the petitioner is entitled to expunction: (1) under Article 55A.053(a)(2)(A) after successful completion of a veterans treatment court program created under Chapter 124, Government Code, or former law; [ or ] (2) under Article 55A.053(a)(2)(B) after successful completion of a mental health court program created under Chapter 125, Government Code, or former law ; or (3) under Article 55A.053(a)(2)(C) after successful completion of a family violence court program created under Chapter 127, Government Code .

SECTION 5. Subchapter E-1, Chapter 411, Government Code, is amended by adding Section 411.07275 to read as follows: Sec. 411.07275. PROCEDURE FOLLOWING SUCCESSFUL COMPLETION OF FAMILY VIOLENCE COURT PROGRAM. (a) This section applies only to a person who successfully completes a family violence court program under Chapter 127. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) is entitled to file with the court that placed the person in the family violence court program a petition for an order of nondisclosure of criminal history record information under this section if the person: (1) satisfies the requirements of this section and Section 411.074, other than the requirements of Subsections (b)(1)(D) and (b)(2) of that section; (2) has never been previously convicted of or placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, Code of Criminal Procedure, for: (A) an offense in which an element of the offense is family violence, as defined by Section 71.004, Family Code; (B) an offense listed in Article 42A.054(a), Code of Criminal Procedure; or (C) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure; and (3) is not convicted of an offense described by Subdivision (2)(A) between the date on which the person successfully completed the program and the second anniversary of that date. (c) Regardless of whether the person was convicted of or placed on deferred adjudication community supervision for the offense for which the person entered the family violence court program or whether the case against the person was dismissed under Section 127.002(b), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person entered the family violence court program. (d) A person may file with the court that placed the person in the family violence court program a petition for an order of nondisclosure of criminal history record information under this section only on or after the second anniversary of the date the person successfully completed the program.

SECTION 6. 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 7. 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 8. This Act takes effect September 1, 2027.