1 | 1 | | H.B. No. 590 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the name of the Crime Stoppers Advisory Council. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. The heading to Chapter 414, Government Code, is |
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8 | 8 | | amended to read as follows: |
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9 | 9 | | CHAPTER 414. TEXAS CRIME STOPPERS [ADVISORY] COUNCIL |
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10 | 10 | | SECTION 2. Section 414.001(1), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (1) "Council" means the Texas Crime Stoppers |
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13 | 13 | | [Advisory] Council. |
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14 | 14 | | SECTION 3. Section 414.002(a), Government Code, is amended |
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15 | 15 | | to read as follows: |
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16 | 16 | | (a) The Texas Crime Stoppers [Advisory] Council is within |
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17 | 17 | | the criminal justice division of the governor's office. |
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18 | 18 | | SECTION 4. Article 37.073(c), Code of Criminal Procedure, |
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19 | 19 | | is amended to read as follows: |
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20 | 20 | | (c) In this article, "crime stoppers organization" means a |
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21 | 21 | | crime stoppers organization, as defined by Subdivision (2), Section |
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22 | 22 | | 414.001, Government Code, that is approved by the Texas Crime |
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23 | 23 | | Stoppers [Advisory] Council to receive payments of rewards under |
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24 | 24 | | this article and Article 42.152 [of this code]. |
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25 | 25 | | SECTION 5. Section 11(a), Article 42.12, Code of Criminal |
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26 | 26 | | Procedure, is amended to read as follows: |
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27 | 27 | | (a) The judge of the court having jurisdiction of the case |
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28 | 28 | | shall determine the conditions of community supervision and may, at |
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29 | 29 | | any time[,] during the period of community supervision, alter or |
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30 | 30 | | modify the conditions. The judge may impose any reasonable |
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31 | 31 | | condition that is designed to protect or restore the community, |
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32 | 32 | | protect or restore the victim, or punish, rehabilitate, or reform |
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33 | 33 | | the defendant. Conditions of community supervision may include, |
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34 | 34 | | but shall not be limited to, the conditions that the defendant |
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35 | 35 | | shall: |
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36 | 36 | | (1) Commit no offense against the laws of this State or |
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37 | 37 | | of any other State or of the United States; |
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38 | 38 | | (2) Avoid injurious or vicious habits; |
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39 | 39 | | (3) Avoid persons or places of disreputable or harmful |
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40 | 40 | | character; |
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41 | 41 | | (4) Report to the supervision officer as directed by |
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42 | 42 | | the judge or supervision officer and obey all rules and regulations |
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43 | 43 | | of the community supervision and corrections department; |
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44 | 44 | | (5) Permit the supervision officer to visit the |
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45 | 45 | | defendant at the defendant's home or elsewhere; |
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46 | 46 | | (6) Work faithfully at suitable employment as far as |
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47 | 47 | | possible; |
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48 | 48 | | (7) Remain within a specified place; |
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49 | 49 | | (8) Pay the defendant's fine, if one be assessed, and |
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50 | 50 | | all court costs whether a fine be assessed or not, in one or several |
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51 | 51 | | sums; |
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52 | 52 | | (9) Support the defendant's dependents; |
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53 | 53 | | (10) Participate, for a time specified by the judge in |
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54 | 54 | | any community-based program, including a community-service work |
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55 | 55 | | program under Section 16 of this article; |
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56 | 56 | | (11) Reimburse the county in which the prosecution was |
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57 | 57 | | instituted for compensation paid to appointed counsel for defending |
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58 | 58 | | the defendant in the case, if counsel was appointed, or if the |
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59 | 59 | | defendant was represented by a county-paid public defender, in an |
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60 | 60 | | amount that would have been paid to an appointed attorney had the |
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61 | 61 | | county not had a public defender; |
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62 | 62 | | (12) Remain under custodial supervision in a community |
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63 | 63 | | corrections facility, obey all rules and regulations of such |
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64 | 64 | | facility, and pay a percentage of the defendant's income to the |
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65 | 65 | | facility for room and board; |
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66 | 66 | | (13) Pay a percentage of the defendant's income to the |
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67 | 67 | | defendant's dependents for their support while under custodial |
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68 | 68 | | supervision in a community corrections facility; |
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69 | 69 | | (14) Submit to testing for alcohol or controlled |
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70 | 70 | | substances; |
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71 | 71 | | (15) Attend counseling sessions for substance abusers |
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72 | 72 | | or participate in substance abuse treatment services in a program |
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73 | 73 | | or facility approved or licensed by the Texas Commission on Alcohol |
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74 | 74 | | and Drug Abuse; |
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75 | 75 | | (16) With the consent of the victim of a misdemeanor |
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76 | 76 | | offense or of any offense under Title 7, Penal Code, participate in |
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77 | 77 | | victim-defendant mediation; |
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78 | 78 | | (17) Submit to electronic monitoring; |
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79 | 79 | | (18) Reimburse the compensation to victims of crime |
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80 | 80 | | fund for any amounts paid from that fund to or on behalf of a victim, |
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81 | 81 | | as defined by Article 56.32, of the defendant's offense or if no |
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82 | 82 | | reimbursement is required, make one payment to the compensation to |
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83 | 83 | | victims of crime fund in an amount not to exceed $50 if the offense |
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84 | 84 | | is a misdemeanor or not to exceed $100 if the offense is a felony; |
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85 | 85 | | (19) Reimburse a law enforcement agency for the |
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86 | 86 | | analysis, storage, or disposal of raw materials, controlled |
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87 | 87 | | substances, chemical precursors, drug paraphernalia, or other |
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88 | 88 | | materials seized in connection with the offense; |
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89 | 89 | | (20) Pay all or part of the reasonable and necessary |
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90 | 90 | | costs incurred by the victim for psychological counseling made |
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91 | 91 | | necessary by the offense or for counseling and education relating |
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92 | 92 | | to acquired immune deficiency syndrome or human immunodeficiency |
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93 | 93 | | virus made necessary by the offense; |
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94 | 94 | | (21) Make one payment in an amount not to exceed $50 to |
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95 | 95 | | a crime stoppers organization as defined by Section 414.001, |
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96 | 96 | | Government Code, and as certified by the Texas Crime Stoppers |
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97 | 97 | | [Advisory] Council; |
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98 | 98 | | (22) Submit a DNA sample to the Department of Public |
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99 | 99 | | Safety under Subchapter G, Chapter 411, Government Code, for the |
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100 | 100 | | purpose of creating a DNA record of the defendant; |
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101 | 101 | | (23) In any manner required by the judge, provide |
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102 | 102 | | public notice of the offense for which the defendant was placed on |
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103 | 103 | | community supervision in the county in which the offense was |
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104 | 104 | | committed; and |
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105 | 105 | | (24) Reimburse the county in which the prosecution was |
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106 | 106 | | instituted for compensation paid to any interpreter in the case. |
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107 | 107 | | SECTION 6. This Act takes effect immediately if it receives |
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108 | 108 | | a vote of two-thirds of all the members elected to each house, as |
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109 | 109 | | provided by Section 39, Article III, Texas Constitution. If this |
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110 | 110 | | Act does not receive the vote necessary for immediate effect, this |
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111 | 111 | | Act takes effect September 1, 2009. |
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112 | 112 | | ______________________________ ______________________________ |
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113 | 113 | | President of the Senate Speaker of the House |
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114 | 114 | | I certify that H.B. No. 590 was passed by the House on April |
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115 | 115 | | 15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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116 | 116 | | voting. |
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117 | 117 | | ______________________________ |
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118 | 118 | | Chief Clerk of the House |
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119 | 119 | | I certify that H.B. No. 590 was passed by the Senate on May |
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120 | 120 | | 14, 2009, by the following vote: Yeas 31, Nays 0. |
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121 | 121 | | ______________________________ |
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122 | 122 | | Secretary of the Senate |
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123 | 123 | | APPROVED: _____________________ |
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124 | 124 | | Date |
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125 | 125 | | _____________________ |
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126 | 126 | | Governor |
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