I have about a dozen Google alerts set up for various topics, because I'm interested in a ton of things, but flaky when it comes to remembering what those things are. So, rather than remind myself to search news sites for words like "gorillas", "intoxilyzer", "iphone update", etc - I just add an alert for those terms and let the magic of Google be my outboard memory.

In a neat bit of synchronicity, two of my search terms converged today: "Drug court" and "Matt Jones".

Jones is an NFL wide receiver who was released by the Jacksonville Jaguars this off-season after being arrested for testing positive for alcohol, which violated a plea agreement he'd worked out. He'd previously been charged with felony possession of a controlled substance, gone through the drug court, and was in line to have the charges dismissed upon completion of the program. (I have a Google alert set up for him because he hasn't signed with a new team yet, and my Bears could sure use the help.)

Anyway - the thing that struck me in the article came in the comments section. Now, typically, I advise against reading the comments section on any news organization's site if you value a normal blood pressure (seriously - click any article on the Statesman's website and observe. Here's one at random, about the resignation of Evan Smith as editor of Texas Monthly, that quickly devolves into slinging insults at illegal immigrants), but I'm also interested in the way that people are perceived, especially people who've been charged with a crime.

This is the comment that stuck out to me:

Possession charges
Submitted by Temporary_S8nt on Fri. 7/17/2009 at 10:26 am
...dropped. How often does that happen to anyone else? Matt Jones, you're lucky on so many fronts--you idiot.

Tone aside (that's my future wide receiver you're calling an idiot!), I thought this was a pretty neat statement about the drug court and diversion system. This guy, Temporary_S8nt or whatever, assumed that receiving a chance to have charges dismissed in exchange for completing a diversion program was such a unique and extraordinary thing that it would be reserved exclusively for people like professional athletes. It's kind of nice to realize that systems like this, when they're used effectively, give ordinary folks the opportunities that we assume are the province of celebrities.

Labels: drug court, DWI Court, football, matt jones, pretrial diversion, texas monthly

posted by Dan   permalink   0 Comments

The 81st Texas Legislative Session was so unproductive that it has been dubbed by many as "the Seinfeld Session" - the session about nothing. However, just because there was little accomplished and taxpayers' money went largely down the drain does not mean that there was no damage.

Unfortunately, even in a Seinfeld Session, we still can't escape the insatiable legislative urge to rack up a few penalty enhancements and create a few new crimes. And since ignorance of the law excuses no one, I thought I would post the criminal justice highlights of the 2009 Legislative session:

The Good

SB 839: Abolishes Life Without Parole for Juveniles
Amends § 12.31, Penal Code, Capital Felony, to provide that a juvenile convicted of a capital felony that was certified as an adult pursuant to § 54.02, Family Code, will be sentenced to life, not life without parole.

Amends § 508.145, Government Code, Eligibility for Release on Parole; Computation of Parole Eligibility Date, to provide that a juvenile convicted of a capital felony that was certified as an adult pursuant to § 54.02 is not eligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 40 calendar years.

SB 1940: Authorizes Pretrial Diversion Program for Veterans
Adds Chapter 617, to Subtitle E, Title 7, Health and Safety Code, Veterans Court Program Defined; Procedures for Certain Defendants, to provide the commissioners court the authority to establish a veterans deferred prosecution program whereby if a veteran successfully completes a veterans court program, the court shall dismiss the case.

SB 1681: Requires Corroboration of a Jailhouse Informant

Adds Article 38.075, Code of Criminal Procedure, Corroboration of Certain Testimony Required, to require corroboration before a person can be convicted on the testimony of a jailhouse informant. Provides that corroboration is not sufficient if it only shows that the offense was committed.

HB 1736: Increases Payments and Services to Wrongfully Imprisoned
Adds § 103.052, Civil Practice and Remedies Code, Lump-Sum Compensation, to allow lump-sum compensation of $80,000 per each year of wrongful imprisonment and $25,000 per each year served on parole or as a registered sex offender.

HB 2730: Requires DPS To Waive Surcharges for Indigent

Amends § 708.158, Transportation Code, Indigent Status and Reduction of Surcharges, to state that DPS shall waive all driver’s license surcharges for a person who is indigent.

• A person may submit the following to establish indigency: most recent federal income tax return or wages reflecting the person’s household income does not exceed 125 percent of the federal poverty guidelines or documentation that the person is receiving governmental assistance.

The Bad

SB 328: Expands Police Power for Mandatory Warrantless Blood Tests

Amends § 724.017, Transportation Code, Blood Specimen, to expand mandatory warrantless blood draws if a person is arrested for an offense under Chapter 49 of the Penal Code involving the operation of a motor vehicle or watercraft and the person refuses the officer’s request to submit to the taking of the specimen voluntarily and:

• an individual other than the person has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;


• person is under arrest for DWI with child passenger under 15;


• the person has been previously convicted of DWI two or more times; or


• the person has been previously convicted of DWI with child passenger under 15, intoxication assault, or intoxication manslaughter;

HB 2086: Creates New First Degree Felony Crime of Directing Activities of Criminal Street Gangs and Creates Definition for Gang-Free Zone and Provides Penalty Enhancements

Adds § 71.023, Penal Code, Directing Activities of Certain Gangs, to create the new crime of directing activities of certain criminal street gangs which is a first degree felony.

Adds § 71.028, Penal Code, Gang-Free Zones, to establish gang-free zones and to increase penalty category to the next higher category (except for first-degree felonies) if it is shown that the actor is 17 years or older and commits a crime in a gang-free zone; specifically, if the offense was committed:

• Within 1000 feet of any school, higher education institution, youth center, or playground; or


• Within 300 feet of any shopping mall, movie theater, public swimming pool, video arcade; or


• On a school bus

HB 2240: Creates New Offense of Continual Violence Against the Family
Adds § 25.11, Penal Code, Continuous Violence Against the Family, to create a new offense of continual violence against the family, a third degree felony, if during a 12 month period, a person commits family violence two or more times.

The Ugly

HB 2846: Increases Age of Child Victims for Outcry Statement to 14 and Expands Outcry Statements to Include Acts Other Than the Alleged Offense that Were Committed Against the Child Victim or Other Victim Under 14

Amends § 1, Article 38.072, Code of Criminal Procedure, Hearsay Statement of Child Abuse Victim, to increase the age of a child victim from 12 to 14 for purposes of admitting an outcry statement and to allow outcry statements for criminal attempt of certain offenses.
Amends §2, Article 38.072, Code of Criminal Procedure, Hearsay Statement of Child Abuse Victim, to allow outcry statement of child victim under 14 concerning other crimes, wrongs, or acts other than the alleged offense and allegedly committed by the defendant against the victim or another child younger than 14.

SB 727: Requires Judges to Order DNA Sample Collection for Defendants Granted Probation for a Felony and Juveniles Adjudicated of 3g Offenses

Amends Article 102.020, Code of Criminal Procedure, Costs on Conviction for Offenses Requiring DNA Testing, to require a person placed on community supervision to pay $34 if DNA sample required.

Adds § 54.0409, Family Code, DNA Sample Required on Certain Felony Adjudications, to require the court to, on adjudication of a 3g felony or felony involving a deadly weapon, collect DNA, as a condition of probation, from a juvenile.
Adds Subsection J, § 11, Article 42.12, Code of Criminal Procedure, Community Supervision, to require a judge granting probation to a defendant convicted of a felony to require defendant to provide a DNA sample.

Click here for our full 2009 Legislative Summary of new criminal justice laws.

Labels: blood draws, dwi, juveniles, pretrial diversion, texas legislature

posted by Kristin Etter   permalink   0 Comments