The bill amends Section 123.002 of the Government Code to expand the eligibility criteria for participation in various drug court programs. It allows commissioners courts or municipal governing bodies to establish drug courts for individuals arrested, charged, or convicted of offenses related to alcohol or controlled substances, including those where such use is suspected to have significantly contributed to the offense. The bill removes previous restrictions that excluded individuals involved in certain violent behaviors, such as carrying firearms or causing serious bodily injury, from participating in these programs. Additionally, it introduces new eligibility requirements that stipulate that participation in drug court programs for specific offenses requires the consent of the attorney representing the state.
Furthermore, the bill mandates that counties with populations over 200,000 must establish a drug court program and comply with related regulations. The changes in law apply to defendants entering drug court programs regardless of when the offense occurred, indicating a broad application of the new eligibility criteria. The bill is set to take effect on September 1, 2025.
Statutes affected: Introduced: Government Code 123.002, Government Code 123.006 (Government Code 123)