HBA-JLV H.B. 2135 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2135
By: Wilson
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not provide a community supervision program for those
charged with possession of a controlled substance.  Allowing the court an
option of community supervision could lower the recidivism rate by
providing the defendant with quality treatment or educational programs
aimed at discouraging repeat or habitual offenses.  House Bill 2135
establishes a community supervision program for those charged with
possession of a controlled substance. 

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. 

ANALYSIS

House Bill 2135 amends the Code of Criminal Procedure to establish a
community supervision program for those charged with possession of a
controlled substance.  The bill requires the judge to suspend the
imposition of the sentence for the conviction of offenses relating to
substance abuse and place the defendant on community supervision if the
defendant: 

 _has not been previously convicted on two or more occasions of an offense
under the Texas Controlled Substances Act;  

 _has not been previously indicted or convicted of an offense for which the
defendant would be ineligible for community supervision;  

 _does not refuse treatment as a condition for community supervision; 

 _was not convicted in the same proceeding of an additional misdemeanor or
felony unrelated to the conviction for an offense under the Texas
Controlled Substances Act; and 

 _is otherwise eligible for community supervision.

The bill authorizes the judge to suspend, in whole or in part, the
imposition of any fine imposed if a defendant is placed on community
supervision.  The bill requires a court granting community supervision to
require as a condition of community supervision, that the defendant
participate in a qualified drug dependency treatment or education program,
participate in an aftercare program approved by the Texas Commission on
Alcohol and Drug Abuse (commission), and pay a fee to cover all or part of
the cost of the program based on the defendant's ability to pay. 

If a defendant placed on community supervision  violates the terms of that
supervision, then the bill requires a judge to modify the condition of
supervision to include additional conditions the court determines are
appropriate.  The bill prohibits the judge from revoking community
supervision unless the defendant commits an act resulting in the
defendants' ineligibility for community supervision. 
 
The bill requires the clerk of the court that collects a fee to remit the
fee to the comptroller, and the comptroller is then required to deposit the
fee into the general revenue fund.  After completion of a qualified drug
dependency treatment or education program, the bill authorizes the
defendant to petition the court for dismissal of the charge.  If the judge
finds that the defendant successfully completed the program and
substantially complied with the conditions of community supervision, the
judge is required to set aside the conviction. 

The bill amends the Health and Safety Code to require the executive
director of the commission to employ or contract with qualified
professionals to implement the drug dependency treatment or education
program for persons required to participate in a program.  

EFFECTIVE DATE

September 1, 2001.