Garcia Family Violence Court Bill Seals Records, Even After Conviction

The text as introduced · 1,839 words

90R4204 EMS-D

By: Garcia of Bexar
H.B. No. 205

A BILL TO BE ENTITLED

AN ACT

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.

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) 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.