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	Amend SB 1940, on third reading, by adding the following 
appropriately numbered SECTIONS to the bill and renumbering 
subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Subtitle E, Title 7, Health and Safety Code, 
is amended by adding Chapter 617 to read as follows:
	Sec. 617.001.  VETERANS COURT PROGRAM DEFINED; PROCEDURES 
FOR CERTAIN DEFENDANTS.  (a)  In this chapter, "veterans court 
program" means a program that has the following essential 
characteristics:
		(1)  the integration of services in the processing of 
cases in the judicial system;
		(2)  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;
		(3)  early identification and prompt placement of 
eligible participants in the program;
		(4)  access to a continuum of alcohol, controlled 
substance, mental health, and other related treatment and 
rehabilitative services;
		(5)  careful monitoring of treatment and services 
provided to program participants;
		(6)  a coordinated strategy to govern program responses 
to participants' compliance;
		(7)  ongoing judicial interaction with program 
participants;         
		(8)  monitoring and evaluation of program goals and 
effectiveness;   
		(9)  continuing interdisciplinary education to promote 
effective program planning, implementation, and operations; and
		(10)  development of partnerships with public agencies 
and community organizations, including the United States 
Department of Veterans Affairs.
	(b)  If a defendant successfully completes a veterans court 
program, as authorized under Section 76.011, Government Code, after 
notice to the attorney representing the state and a hearing in the 
veterans court at which that court determines that a dismissal is in 
the best interest of justice, the court in which the criminal case 
is pending shall dismiss the criminal action against the defendant.
	Sec. 617.002.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.  
(a)  The commissioners court of a county may establish a veterans 
court program for persons arrested for or charged with any 
misdemeanor or felony offense.  A defendant is eligible to 
participate in a veterans court program established under this 
chapter only if the attorney representing the state consents to the 
defendant's participation in the program and if the court in which 
the criminal case is pending finds that the defendant:
		(1)  is a veteran or current member of the United States 
armed forces, including a member of the reserves, national guard, 
or state guard; and
		(2)  suffers from a brain injury, mental illness, or 
mental disorder, including post-traumatic stress disorder, that:
			(A)  resulted from the defendant's military 
service in a combat zone or other similar hazardous duty area; and
			(B)  materially affected the defendant's criminal 
conduct at issue in the case.
	(b)  The court in which the criminal case is pending shall 
allow an eligible defendant to choose whether to proceed through 
the veterans court program or otherwise through the criminal 
justice system.
	(c)  Proof of matters described by Subsection (a) may be 
submitted to the court in which the criminal case is pending in any 
form the court determines to be appropriate, including military 
service and medical records, previous determinations of a 
disability by a veteran's organization or by the United States 
Department of Veterans Affairs, testimony or affidavits of other 
veterans or service members, and prior determinations of 
eligibility for benefits by any state or county veterans office.  
The court's findings must accompany any docketed case.
	Sec. 617.003.  DUTIES OF VETERANS COURT.  (a)  A veterans 
court program established under this chapter must:
		(1)  ensure a person eligible for the program is 
provided legal counsel before volunteering to proceed through the 
program and while participating in the program;
		(2)  allow a participant to withdraw from the program 
at any time before a trial on the merits has been initiated;
		(3)  provide a participant with a court-ordered 
individualized treatment plan indicating the services that will be 
provided to the participant; and
		(4)  ensure that the jurisdiction of the veterans court 
continues for a period of not less than six months but does not 
continue beyond the period of community supervision for the offense 
charged.
	(b)  A veterans court program established under this chapter 
shall make, establish, and publish local procedures to ensure 
maximum participation of eligible defendants in the county or 
counties in which those defendants reside.
	(c)  This chapter does not prevent the initiation of 
procedures under Chapter 46B, Code of Criminal Procedure.
	Sec. 617.004.  ESTABLISHMENT OF REGIONAL PROGRAM.  The 
commissioners courts of two or more counties may elect to establish 
a regional veterans court program under this chapter for the 
participating counties.
	Sec. 617.005.  OVERSIGHT.  (a)  The lieutenant governor and 
the speaker of the house of representatives may assign to 
appropriate legislative committees duties relating to the 
oversight of veterans court programs established under this 
chapter.
	(b)  A legislative committee or the governor may request the 
state auditor to perform a management, operations, or financial or 
accounting audit of a veterans court program established under this 
chapter.
	(c)  A veterans court program established under this chapter 
shall:   
		(1)  notify the criminal justice division of the 
governor's office before or on implementation of the program; and
		(2)  provide information regarding the performance of 
the program to that division on request.
	Sec. 617.006.  FEES.  (a)  A veterans court program 
established under this chapter may collect from a participant in 
the program:
		(1)  a reasonable program fee not to exceed $1,000; and                
		(2)  a testing, counseling, and treatment fee in an 
amount necessary to cover the costs of any testing, counseling, or 
treatment performed or provided under the program.
	(b)  Fees collected under this section may be paid on a 
periodic basis or on a deferred payment schedule at the discretion 
of the judge, magistrate, or program director administering the 
program.  The fees must be:
		(1)  based on the participant's ability to pay; and                    
		(2)  used only for purposes specific to the program.                   
	SECTION ____.  Subsection (a), Article 55.01, Code of 
Criminal Procedure, is amended to read as follows:
	(a)  A person who has been placed under a custodial or 
noncustodial arrest for commission of either a felony or 
misdemeanor is entitled to have all records and files relating to 
the arrest expunged if:
		(1)  the person is tried for the offense for which the 
person was arrested and is:
			(A)  acquitted by the trial court, except as 
provided by Subsection (c) of this section; or
			(B)  convicted and subsequently pardoned; or                                 
		(2)  each of the following conditions exist:                                  
			(A)  an indictment or information charging the 
person with commission of a felony has not been presented against 
the person for an offense arising out of the transaction for which 
the person was arrested or, if an indictment or information 
charging the person with commission of a felony was presented, the 
indictment or information has been dismissed or quashed, and:
				(i)  the limitations period expired before 
the date on which a petition for expunction was filed under Article 
55.02; or
				(ii)  the court finds that the indictment or 
information was dismissed or quashed because the person completed a 
pretrial intervention program authorized under Section 76.011, 
Government Code, or because the presentment had been 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 because it was void;
			(B)  the person has been released and the charge, 
if any, has not resulted in a final conviction and is no longer 
pending and there was no court ordered community supervision under 
Article 42.12 for any offense other than a Class C misdemeanor; and
			(C)  the person has not been convicted of a felony 
in the five years preceding the date of the arrest.