Defines “drug court program” and requires the court to enter a nondisclosure order for qualifying defendants; some defendants convicted of DWI-related offenses cannot petition.
Sec. 123.001. DRUG COURT PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "drug court program" means a program that has the following essential characteristics: (1) the integration of alcohol and other drug treatment 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, drug, and other related treatment and rehabilitative services; (5) monitoring of abstinence through weekly alcohol and other drug testing; (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. (b) If a defendant successfully completes a drug court program, regardless of whether the defendant was convicted of the offense for which the defendant entered the program or whether the court deferred further proceedings without entering an adjudication of guilt, after notice to the state and a hearing on whether the defendant is otherwise entitled to the petition and whether issuance of the order is in the best interest of justice, the court shall enter an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, as if the defendant had received a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, with respect to all records and files related to the defendant's arrest for the offense for which the defendant entered the program if the defendant: (1) has not been previously convicted of an offense listed in Article 42A.054, Code of Criminal Procedure, or a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure; and (2) is not convicted for any felony offense between the date on which the defendant successfully completed the program and the second anniversary of that date. (c) Notwithstanding Subsection (b), a defendant is not entitled to petition the court for an order of nondisclosure following successful completion of a drug court program if the defendant's entry into the program arose as the result of a conviction for an offense involving the operation of a motor vehicle while intoxicated. Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 1, eff. June 15, 2007. Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.38, eff. January 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 19, eff. September 1, 2015.