Texas Legislature Considers Bill to Reduce Criminal Penalties for Veterans

Law would allow combat veterans to seek pre-trial diversion for crimes like Texas DWI.

The Texas state legislature is debating a proposed law that would allow veterans charged with a crime to seek special handling. Instead of conventional adjudication and sentencing, the veterans would be eligible for pre-trial diversion and deferred adjudication. In addition, if the veteran completes certain conditions, records of the crime would be destroyed.

The measure seeks to offer a second chance to combat veterans possibly suffering from mental illness, like post traumatic stress disorder, or a head injury. Prosecutors would have to agree to enrollment in a special program and the veteran would have to successful complete conditions of the program. Having the arrest expunged would mean the veteran would not have a criminal record, a benefit when attempting to secure housing, apply for a job and retain military benefits.

Prosecutors across the state question the law, asking whether it provides special handling of crimes like driving while intoxicated in Texas, that are not available to non-veterans with mental illness. A Texas judge, who is a veteran, rejected that attitude, saying it comes from people who have "never carried a 60-pound rucksack and an M-16 into battle."

Pre-trial diversion is already available to district attorneys and judges, though it is used sparingly. The bill's author hopes it makes prosecutors give additional thought to legal options.

Objections have also been raised to the destroying of criminal records, and the option of sealing the records has been debated. In Texas however, sealed records can be viewed by many entities, which could lead to problems in qualifying for military benefits. To complicate the issue, the military has yet to openly acknowledge potential problems with post traumatic stress disorder in veterans.

The bill was fast-tracked on a special legislative calendar until lawmakers realized it was a substantial enough change in existing Texas law to require debate by the full Senate.

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