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.