84R4789 KJE-D
	By: West	S.B. No. 417

	A BILL TO BE ENTITLED
	AN ACT
	relating to the eligibility of certain persons to participate in a
	drug court program.
	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.  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 [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
	[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.
	SECTION 2.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.