HBA-NMO S.B. 185 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 185
By: Barrientos
Criminal Jurisprudence
5/4/1999
Engrossed


BACKGROUND AND PURPOSE

Current law authorizes a municipal judge or justice of the peace to place
conditions on a defendant convicted of a misdemeanor and placed on deferred
adjudication.  However, the law does not authorize a municipal judge or
justice of the peace to require drug testing or treatment or psychological
testing in such a situation.  S.B. 185 authorizes a municipal judge or
justice of the peace, during a deferral period, to require a defendant to
submit to diagnostic testing for alcohol, controlled substance, or drug
use; submit to a psychosocial assessment; participate in a treatment or
education program; and pay for the cost of the testing and treatment. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 45.54(3), Code of Criminal Procedure, to
authorize a justice, during a deferral period, to require a defendant to
submit to diagnostic testing for alcohol, controlled substance, or drug
use; submit to a psychosocial assessment; participate in a treatment or
education program; and pay for the cost of the testing and treatment.
Makes a change conforming to recodification. Makes conforming and
nonsubstantive changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.