Moody Drug Court Bill Opens Doors To Weapon And Force Cases

The text as introduced · 737 words

90R3972 LHC-D

By: Moody
H.B. No. 665

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility to participate in certain drug court

programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 123.002, Government Code, is amended to

read as follows:

Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM ; ELIGIBILITY .

(a) The commissioners court of a county or governing body of a

municipality may establish the following types of drug court

programs:

(1) drug courts for persons arrested for, charged

with, or convicted of:

(A) an offense in which an element of the offense

is the use or possession of alcohol or the use, possession, or sale

of a controlled substance, a controlled substance analogue, or

marihuana; or

(B) an offense in which the use of alcohol or a

controlled substance is suspected to have significantly

contributed to the commission of the offense , subject to

Subsections (b) and (c) [ and the offense did not involve:

[ (i) carrying, possessing, or using a

firearm or other dangerous weapon;

[ (ii) the use of force against the person of

another; or

[ (iii) the death of or serious bodily

injury to another ];

(2) drug courts for juveniles detained for, taken into

custody for, or adjudicated as having engaged in:

(A) delinquent conduct, including habitual

felony conduct, or conduct indicating a need for supervision in

which an element of the conduct is the use or possession of alcohol

or the use, possession, or sale of a controlled substance, a

controlled substance analogue, or marihuana; or

(B) delinquent conduct, including habitual

felony conduct, or conduct indicating a need for supervision in

which the use of alcohol or a controlled substance is suspected to

have significantly contributed to the commission of the conduct ,

subject to Subsections (b) and (c) [ and the conduct did not involve:

[ (i) carrying, possessing, or using a

firearm or other dangerous weapon;

[ (ii) the use of force against the person of

another; or

[ (iii) the death of or serious bodily

injury to another ];

(3) reentry drug courts for persons with a

demonstrated history of using alcohol or a controlled substance who

may benefit from a program designed to facilitate the person's

transition and reintegration into the community on release from a

state or local correctional facility;

(4) family dependency drug treatment courts for family

members involved in a suit affecting the parent-child relationship

in which a parent's use of alcohol or a controlled substance is a

primary consideration in the outcome of the suit; or

(5) programs for other persons not precisely described

by Subdivisions (1)-(4) who may benefit from a program that has the

essential characteristics described by Section 123.001.

(b) Unless the attorney representing the state consents to

the participation in the applicable drug court program:

(1) a person is not eligible to participate in a drug

court program established under Subsection (a)(1) for an offense

described by Subsection (a)(1)(B) involving:

(A) carrying, possessing, or using a firearm or

other dangerous weapon;

(B) the use of force against the person of

another; or

(C) serious bodily injury to another; and

(2) a juvenile is not eligible to participate in a drug

court program established under Subsection (a)(2) for conduct

described by Subsection (a)(2)(B) involving:

(A) carrying, possessing, or using a firearm or

other dangerous weapon; or

(B) serious bodily injury to another.

(c) A person is not eligible to participate in a drug court

program established under Subsection (a)(1) for an offense

described by Subsection (a)(1)(B) involving the death of another

and a juvenile is not eligible to participate in a drug court

program established under Subsection (a)(2) for conduct described

by Subsection (a)(2)(B) involving the death of another.

SECTION 2. Section 123.006(a), Government Code, is amended

to read as follows:

(a) The commissioners court of a county with a population of

more than 200,000 shall:

(1) establish a drug court program under Section

123.002(a)(1) [ 123.002(1) ]; and

(2) direct the judge, magistrate, or coordinator to

comply with Section 121.002(c)(1).

SECTION 3. The change in law made by this Act applies to a

defendant who enters a drug court program under Chapter 123,

Government Code, regardless of whether the defendant committed the

offense for which the defendant enters the program before, on, or

after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2027.