bill creating pretrial diversion for first-time nonviolent defendants

The text as introduced · 704 words

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.