Garcia Family Violence Court Bill Can Seal Records After Conviction

The text as introduced · 890 words

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.