Texas 2009 - 81st Regular

Texas Senate Bill SB1118 Compare Versions

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1	1	By: Ellis, Carona, Whitmire S.B. No. 1118
2	2	(In the Senate - Filed February 24, 2009; March 13, 2009,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	April 21, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 1; April 21, 2009,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1118 By: Whitmire
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to community supervision for certain drug possession
13	13	offenses and to a person's eligibility for an order of
14	14	nondisclosure following a term of community supervision for any of
15	15	those offenses.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Subdivisions (1) and (2), Subsection (a),
18	18	Section 15, Article 42.12, Code of Criminal Procedure, are amended
19	19	to read as follows:
20	20	(1) On conviction of a state jail felony under Section
21	21	[481.115(b),] 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
22	22	481.129(g)(1), Health and Safety Code, that is punished under
23	23	Section 12.35(a), Penal Code, the judge shall suspend the
24	24	imposition of the sentence and place the defendant on community
25	25	supervision, unless the defendant has previously been convicted of
26	26	a felony, other than a felony punished under Section 12.44(a),
27	27	Penal Code, or unless the conviction resulted from an adjudication
28	28	of the guilt of a defendant previously placed on deferred
29	29	adjudication community supervision for the offense, in which event
30	30	the judge may suspend the imposition of the sentence and place the
31	31	defendant on community supervision or may order the sentence to be
32	32	executed. The provisions of this subdivision requiring the judge
33	33	to suspend the imposition of the sentence and place the defendant on
34	34	community supervision do not apply to a defendant who under Section
35	35	481.1151(b)(1), Health and Safety Code, possessed more than five
36	36	abuse units of the controlled substance or under Section
37	37	481.121(b)(3), Health and Safety Code, possessed more than one
38	38	pound of marihuana.
39	39	(2) On conviction of a state jail felony punished
40	40	under Section 12.35(a), Penal Code, other than a state jail felony
41	41	listed in Subdivision (1) or a state jail felony under Section
42	42	481.115(b), Health and Safety Code, the judge may suspend the
43	43	imposition of the sentence and place the defendant on community
44	44	supervision or may order the sentence to be executed.
45	45	SECTION 2. Article 42.12, Code of Criminal Procedure, is
46	46	amended by adding Section 15B to read as follows:
47	47	Sec. 15B. COMMUNITY SUPERVISION FOR POSSESSION OF
48	48	CONTROLLED SUBSTANCE. (a) In this section, "drug possession
49	49	offense" means an offense under:
50	50	(1) Section 481.115, Health and Safety Code, that is
51	51	punishable as:
52	52	(A) a state jail felony; or
53	53	(B) a felony of the third degree, if the offense
54	54	involves the possession of two grams or less of the controlled
55	55	substance; or
56	56	(2) Section 481.121, Health and Safety Code, that is
57	57	punishable as a Class A or B misdemeanor.
58	58	(b) On conviction of a drug possession offense, the judge
59	59	shall suspend the imposition of the sentence and place the
60	60	defendant on community supervision, except that the judge may order
61	61	the sentence to be executed if:
62	62	(1) the judge determines by a preponderance of the
63	63	evidence that the defendant:
64	64	(A) is a danger to the safety of others; or
65	65	(B) possessed the controlled substance with the
66	66	intent to deliver the substance in violation of Section 481.112 or
67	67	481.120, Health and Safety Code, as applicable;
68	68	(2) the defendant has been previously convicted of an
69	69	offense other than:
70	70	(A) a drug possession offense or a state jail
71	71	felony listed in Section 15(a); or
72	72	(B) an offense under the Transportation Code
73	73	punishable by fine only or an offense related to a pedestrian or the
74	74	parking of a motor vehicle punishable by fine only;
75	75	(3) the defendant is convicted in the same proceeding
76	76	of an additional offense, other than:
77	77	(A) a drug possession offense or a state jail
78	78	felony listed in Section 15(a); or
79	79	(B) an offense under the Transportation Code
80	80	punishable by fine only or an offense related to a pedestrian or the
81	81	parking of a motor vehicle punishable by fine only;
82	82	(4) the judge determines that a drug treatment program
83	83	or other treatment services that are appropriate for the defendant
84	84	are not available in the area in which the defendant resides; or
85	85	(5) the judge determines by clear and convincing
86	86	evidence, based on an evidence-based drug and alcohol assessment,
87	87	that the defendant is unlikely to benefit from participation in a
88	88	course of treatment in a drug treatment program or facility, and the
89	89	defendant has been previously:
90	90	(A) convicted on two or more occasions of a drug
91	91	possession offense or state jail felony listed in Section 15(a); or
92	92	(B) discharged from a drug court program
93	93	established under Chapter 469, Health and Safety Code, after
94	94	failing to successfully complete the program.
95	95	(c) A judge who makes a determination described by
96	96	Subsection (b)(1), (4), or (5) to execute the defendant's sentence
97	97	shall enter the reasons for making that determination in the record
98	98	of the proceeding.
99	99	(d) The judge may suspend wholly or partly the imposition of
100	100	any fine imposed on a conviction if a defendant is placed on
101	101	community supervision under this section.
102	102	(e) A court granting community supervision under this
103	103	section shall require as a condition of community supervision that
104	104	the defendant:
105	105	(1) submit to an evidence-based risks and needs
106	106	screening and evaluation procedure approved by the community
107	107	justice assistance division of the Texas Department of Criminal
108	108	Justice, including a procedure developed under Section 509.003(d),
109	109	Government Code;
110	110	(2) if the evaluation indicates a need for treatment,
111	111	participate in a prescribed course of treatment in a drug treatment
112	112	program or facility:
113	113	(A) licensed or approved by the Department of
114	114	State Health Services; or
115	115	(B) that complies with standards established by
116	116	the community justice assistance division of the Texas Department
117	117	of Criminal Justice; and
118	118	(3) pay a fee to cover all or part of the cost of the
119	119	course of treatment based on the defendant's ability to pay.
120	120	(f) A course of treatment under Subsection (e)(2) may
121	121	include:
122	122	(1) treatment in a faith-based program;
123	123	(2) outpatient treatment;
124	124	(3) halfway house treatment;
125	125	(4) narcotic replacement therapy prescribed by a
126	126	physician;
127	127	(5) drug education or prevention courses; and
128	128	(6) inpatient or residential drug treatment to address
129	129	special detoxification, relapse, or severe dependence issues.
130	130	(g) In referring a defendant to a course of treatment under
131	131	Subsection (e)(2) and imposing conditions for participation in the
132	132	course of treatment, the judge shall order the defendant to
133	133	participate in the level of treatment that the evaluation indicates
134	134	is appropriate for the defendant to achieve:
135	135	(1) the outcome objectives prescribed by the drug
136	136	treatment program or facility; and
137	137	(2) the recommendations of a drug treatment
138	138	professional.
139	139	(h) A court granting community supervision under this
140	140	section may require as a condition of community supervision, in
141	141	addition to any required participation in a course of treatment
142	142	under Subsection (e)(2) and other appropriate conditions, that the
143	143	defendant participate in:
144	144	(1) vocational training;
145	145	(2) family counseling;
146	146	(3) literacy training; or
147	147	(4) community service.
148	148	(i) Notwithstanding Section 21(b), if a defendant placed on
149	149	community supervision under this section violates the terms of that
150	150	supervision by committing another drug possession offense or state
151	151	jail felony listed in Section 15(a) or by violating any
152	152	treatment-related condition of supervision, the judge may:
153	153	(1) use graduated sanctions and incentives offered to
154	154	a defendant by the community supervision and corrections department
155	155	supervising the defendant or the courts served by that department,
156	156	including:
157	157	(A) global positioning or another form of
158	158	electronic monitoring;
159	159	(B) mental health treatment or cognitive and
160	160	behavioral programs;
161	161	(C) alcohol or substance abuse monitoring and
162	162	testing;
163	163	(D) faith-based community programs and
164	164	resources, including mentoring programs;
165	165	(E) placing the defendant under the supervision
166	166	of a supervision officer with a reduced or specialized caseload and
167	167	subjecting the defendant to increased home visits and field
168	168	contacts, if sufficient resources are available;
169	169	(F) strategies to reduce the number of technical
170	170	violations committed by the defendant; and
171	171	(G) increased coordination between the court and
172	172	the community supervision and corrections department supervising
173	173	the defendant; and
174	174	(2) revoke the community supervision of the defendant
175	175	if the judge determines by a preponderance of the evidence that the
176	176	defendant:
177	177	(A) poses a danger to the safety of others; or
178	178	(B) is unlikely to benefit from a course of
179	179	treatment in a drug treatment program or facility.
180	180	(j) A judge who modifies a defendant's conditions of
181	181	supervision in response to the defendant's commission of another
182	182	drug possession offense or state jail felony listed in Section
183	183	15(a) or violation of a treatment-related condition of supervision
184	184	shall consider imposing one or more of the following additional
185	185	conditions of supervision:
186	186	(1) intensified drug treatment;
187	187	(2) vocational training;
188	188	(3) family counseling;
189	189	(4) literacy education;
190	190	(5) community service;
191	191	(6) intensive supervision; and
192	192	(7) confinement under Section 18 in an intermediate
193	193	sanction facility operated by or under contract with the Texas
194	194	Department of Criminal Justice for a period not to exceed 120 days.
195	195	(k) In making a determination under this section as to
196	196	whether a defendant is unlikely to benefit from participation in a
197	197	course of treatment in a drug treatment program or facility, the
198	198	judge shall consider whether the defendant has previously:
199	199	(1) committed a serious violation of the rules of a
200	200	drug treatment program or facility; or
201	201	(2) repeatedly committed violations of the rules of a
202	202	drug treatment program or facility to an extent that inhibited the
203	203	defendant's ability to function in the program or facility.
204	204	(l) After successful completion of a term of community
205	205	supervision imposed under this section, including completion of any
206	206	required course of treatment in a drug treatment program or
207	207	facility, a defendant may petition the court for dismissal of the
208	208	charges. If the judge, after providing notice and giving attorneys
209	209	for the defendant and the state an opportunity to be heard,
210	210	determines that the defendant substantially complied with the
211	211	conditions of supervision and successfully completed any required
212	212	course of treatment, the judge shall discharge the defendant, set
213	213	aside the verdict or permit the defendant to withdraw the plea, and
214	214	dismiss the accusation, complaint, information, or indictment in
215	215	the manner provided by Section 20(a).
216	216	(m) The drug treatment program account is created as a
217	217	dedicated account in the general revenue fund of the state
218	218	treasury. Money in the account may be appropriated only to the
219	219	Texas Department of Criminal Justice for distribution to drug
220	220	treatment programs or facilities that provide a course of treatment
221	221	to defendants under this section and that apply for the money.
222	222	Funds collected and distributed under this subsection are subject
223	223	to audit by the comptroller.
224	224	SECTION 3. Subchapter A, Chapter 102, Code of Criminal
225	225	Procedure, is amended by adding Article 102.0179 to read as
226	226	follows:
227	227	Art. 102.0179. ADDITIONAL COSTS ATTENDANT TO CERTAIN
228	228	INTOXICATION AND DRUG CONVICTIONS. (a) In addition to other costs
229	229	on conviction imposed by this chapter, including costs described by
230	230	Article 102.0178, a person shall pay $50 as a court cost on
231	231	conviction of any offense under Chapter 49, Penal Code, or Chapter
232	232	481, Health and Safety Code.
233	233	(b) In this article, a person is considered to have been
234	234	convicted if:
235	235	(1) a sentence is imposed;
236	236	(2) the person is placed on community supervision,
237	237	including deferred adjudication community supervision; or
238	238	(3) the court defers final disposition of the person's
239	239	case.
240	240	(c) Court costs under this article are collected in the same
241	241	manner as other fines or costs. An officer collecting the costs
242	242	shall send to the comptroller costs collected under this article
243	243	for deposit to the credit of the drug treatment program account
244	244	established under Section 15B, Article 42.12.
245	245	SECTION 4. (a) Section 102.021, Government Code, is
246	246	amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
247	247	Legislature, Regular Session, 2007, and is further amended to read
248	248	as follows:
249	249	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
250	250	PROCEDURE. A person convicted of an offense shall pay the following
251	251	under the Code of Criminal Procedure, in addition to all other
252	252	costs:
253	253	(1) court cost on conviction of any offense, other
254	254	than a conviction of an offense relating to a pedestrian or the
255	255	parking of a motor vehicle (Art. 102.0045, Code of Criminal
256	256	Procedure) . . . $4;
257	257	(2) a fee for services of prosecutor (Art. 102.008,
258	258	Code of Criminal Procedure) . . . $25;
259	259	(3) fees for services of peace officer:
260	260	(A) issuing a written notice to appear in court
261	261	for certain violations (Art. 102.011, Code of Criminal Procedure)
262	262	. . . $5;
263	263	(B) executing or processing an issued arrest
264	264	warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
265	265	Criminal Procedure) . . . $50;
266	266	(C) summoning a witness (Art. 102.011, Code of
267	267	Criminal Procedure) . . . $5;
268	268	(D) serving a writ not otherwise listed (Art.
269	269	102.011, Code of Criminal Procedure) . . . $35;
270	270	(E) taking and approving a bond and, if
271	271	necessary, returning the bond to courthouse (Art. 102.011, Code of
272	272	Criminal Procedure) . . . $10;
273	273	(F) commitment or release (Art. 102.011, Code of
274	274	Criminal Procedure) . . . $5;
275	275	(G) summoning a jury (Art. 102.011, Code of
276	276	Criminal Procedure) . . . $5;
277	277	(H) attendance of a prisoner in habeas corpus
278	278	case if prisoner has been remanded to custody or held to bail (Art.
279	279	102.011, Code of Criminal Procedure) . . . $8 each day;
280	280	(I) mileage for certain services performed (Art.
281	281	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
282	282	(J) services of a sheriff or constable who serves
283	283	process and attends examining trial in certain cases (Art. 102.011,
284	284	Code of Criminal Procedure) . . . not to exceed $5;
285	285	(4) services of a peace officer in conveying a witness
286	286	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
287	287	$10 per day or part of a day, plus actual necessary travel expenses;
288	288	(5) overtime of peace officer for time spent
289	289	testifying in the trial or traveling to or from testifying in the
290	290	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
291	291	(6) court costs on an offense relating to rules of the
292	292	road, when offense occurs within a school crossing zone (Art.
293	293	102.014, Code of Criminal Procedure) . . . $25;
294	294	(7) court costs on an offense of passing a school bus
295	295	(Art. 102.014, Code of Criminal Procedure) . . . $25;
296	296	(8) court costs on an offense of truancy or
297	297	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
298	298	. . . $20;
299	299	(9) cost for visual recording of intoxication arrest
300	300	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
301	301	$15;
302	302	(10) cost of certain evaluations (Art. 102.018, Code
303	303	of Criminal Procedure) . . . actual cost;
304	304	(11) additional costs attendant to certain
305	305	intoxication convictions under Chapter 49, Penal Code, for
306	306	emergency medical services, trauma facilities, and trauma care
307	307	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
308	308	(12) additional costs attendant to certain child
309	309	sexual assault and related convictions, for child abuse prevention
310	310	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
311	311	(13) cost for DNA testing for certain felonies (Art.
312	312	102.020, Code of Criminal Procedure) . . . $250;
313	313	(14) court cost on an offense of public lewdness or
314	314	indecent exposure (Art. 102.020, Code of Criminal Procedure) . . .
315	315	$50;
316	316	(15) if required by the court, a restitution fee for
317	317	costs incurred in collecting restitution installments and for the
318	318	compensation to victims of crime fund (Art. 42.037, Code of
319	319	Criminal Procedure) . . . $12; [and]
320	320	(16) if directed by the justice of the peace or
321	321	municipal court judge hearing the case, court costs on conviction
322	322	in a criminal action (Art. 45.041, Code of Criminal Procedure)
323	323	. . . part or all of the costs as directed by the judge;
324	324	(17) costs attendant to convictions under Chapter 49,
325	325	Penal Code, and under Chapter 481, Health and Safety Code, to help
326	326	fund drug court programs established under Chapter 469, Health and
327	327	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50;
328	328	and
329	329	(18) costs attendant to convictions under Chapter 49,
330	330	Penal Code, and under Chapter 481, Health and Safety Code, for
331	331	certain drug treatment programs and facilities (Art. 102.0179, Code
332	332	of Criminal Procedure) . . . $50.
333	333	(b) Section 102.0215, Government Code, is repealed.
334	334	SECTION 5. Section 411.081, Government Code, is amended by
335	335	adding Subsection (d-1) and amending Subsection (e) to read as
336	336	follows:
337	337	(d-1) Notwithstanding any other provision of this
338	338	subchapter, if a person is placed on community supervision under
339	339	Section 15B, Article 42.12, Code of Criminal Procedure, and
340	340	subsequently receives a discharge and dismissal under Section
341	341	15B(l), Article 42.12, Code of Criminal Procedure, and satisfies
342	342	the requirements of Subsection (e), the person may petition the
343	343	court that placed the defendant on community supervision for an
344	344	order of nondisclosure under this subsection. After notice to the
345	345	state and a hearing on whether the person is entitled to file the
346	346	petition and issuance of the order is in the best interest of
347	347	justice, the court shall issue an order prohibiting criminal
348	348	justice agencies from disclosing to the public criminal history
349	349	record information related to the offense giving rise to the
350	350	community supervision. A criminal justice agency may disclose
351	351	criminal history record information that is the subject of the
352	352	order only to other criminal justice agencies, for criminal justice
353	353	purposes, an agency or entity listed in Subsection (i), or the
354	354	person who is the subject of the order. A person may petition the
355	355	court that placed the person on community supervision for an order
356	356	of nondisclosure on payment of a $28 fee to the clerk of the court in
357	357	addition to any other fee that generally applies to the filing of a
358	358	civil petition. The payment may be made only after:
359	359	(1) the discharge and dismissal, if the offense for
360	360	which the person was placed on community supervision was a
361	361	misdemeanor; or
362	362	(2) the fifth anniversary of the discharge and
363	363	dismissal, if the offense for which the person was placed on
364	364	community supervision was a felony.
365	365	(e) A person is entitled to petition the court under
366	366	Subsection (d) or (d-1) only if during the period of the community
367	367	supervision, including deferred adjudication community
368	368	supervision, for which the order of nondisclosure is requested and
369	369	during the applicable period described by Subsection (d)(1), (2),
370	370	or (3) or by Subsection (d-1)(1) or (2), as appropriate, the person
371	371	is not convicted of or placed on deferred adjudication community
372	372	supervision under Section 5, Article 42.12, Code of Criminal
373	373	Procedure, for any offense other than an offense under the
374	374	Transportation Code punishable by fine only or, for purposes of
375	375	Subsection (d-1), the person is not convicted of or placed on
376	376	community supervision, including deferred adjudication community
377	377	supervision, for another drug possession offense described by
378	378	Section 15B, Article 42.12, Code of Criminal Procedure. A person is
379	379	not entitled to petition the court under Subsection (d) or (d-1) if
380	380	the person was placed on community supervision, including [the]
381	381	deferred adjudication community supervision, for, or has been
382	382	previously convicted of or placed on any other deferred
383	383	adjudication for:
384	384	(1) an offense requiring registration as a sex
385	385	offender under Chapter 62, Code of Criminal Procedure;
386	386	(2) an offense under Section 20.04, Penal Code,
387	387	regardless of whether the offense is a reportable conviction or
388	388	adjudication for purposes of Chapter 62, Code of Criminal
389	389	Procedure;
390	390	(3) an offense under Section 19.02, 19.03, 22.04,
391	391	22.041, 25.07, or 42.072, Penal Code; or
392	392	(4) any other offense involving family violence, as
393	393	defined by Section 71.004, Family Code.
394	394	SECTION 6. Chapter 509, Government Code, is amended by
395	395	adding Section 509.013 to read as follows:
396	396	Sec. 509.013. ANNUAL REPORT ON COMMUNITY SUPERVISION WITH
397	397	DRUG TREATMENT. (a) Not later than December 1 of each year, the
398	398	Texas Department of Criminal Justice shall study and report to the
399	399	legislature on the effectiveness and financial impact to the state
400	400	during the preceding state fiscal year of placing defendants on
401	401	community supervision with drug treatment for a drug possession
402	402	offense under Section 15B, Article 42.12, Code of Criminal
403	403	Procedure.
404	404	(b) The study and report must include an analysis of:
405	405	(1) the implementation of Section 15B, Article 42.12,
406	406	Code of Criminal Procedure, including the amount of cost savings
407	407	the state realizes through that implementation;
408	408	(2) the adequacy of funding available for operation of
409	409	the programs described by Section 15B, Article 42.12, Code of
410	410	Criminal Procedure;
411	411	(3) the effect of implementing Section 15B, Article
412	412	42.12, Code of Criminal Procedure, with respect to:
413	413	(A) incarceration costs incurred by the state and
414	414	local governments, including the cost of constructing prisons and
415	415	jails;
416	416	(B) the recidivism rate among defendants placed
417	417	on community supervision under Section 15B, Article 42.12, Code of
418	418	Criminal Procedure, compared with other defendants; and
419	419	(C) the number of defendants placed on community
420	420	supervision under Section 15B, Article 42.12, Code of Criminal
421	421	Procedure, who utilize state welfare benefits, compared with other
422	422	defendants; and
423	423	(4) other effects of or issues with implementing
424	424	Section 15B, Article 42.12, Code of Criminal Procedure, that are
425	425	identified by the Texas Department of Criminal Justice.
426	426	(c) The comptroller shall verify the findings of the
427	427	department in analyzing the cost savings realized by the state
428	428	through the implementation of Section 15B, Article 42.12, Code of
429	429	Criminal Procedure. The department may retain an amount not to
430	430	exceed 20 percent of the amount of the actual savings attributable
431	431	to implementation of that section, to the extent that the savings
432	432	come from funds appropriated to the department and to the extent the
433	433	department distributed that amount to drug treatment programs or
434	434	facilities that provide a course of treatment to defendants under
435	435	that section. The department may transfer savings attributable to
436	436	implementation of that section from the first year of the fiscal
437	437	biennium to the second year of the fiscal biennium, provided that
438	438	the department uses the full amount transferred for distribution to
439	439	drug treatment programs or facilities as described by this
440	440	subsection.
441	441	SECTION 7. (a) In a criminal action under Section 481.115
442	442	or 481.121, Health and Safety Code, pending on or commenced on or
443	443	after the effective date of this Act, for an offense committed
444	444	before the effective date, the defendant, if adjudged guilty, shall
445	445	be assessed the punishment under Section 15B, Article 42.12, Code
446	446	of Criminal Procedure, as added by this Act, if the defendant meets
447	447	the eligibility requirements under that section and other law and
448	448	so elects by written motion filed with the trial court before the
449	449	sentencing hearing begins.
450	450	(b) If the defendant does not make the election under
451	451	Subsection (a) of this section, punishment is covered by the law in
452	452	effect when the offense was committed, and the former law is
453	453	continued in effect for that purpose.
454	454	SECTION 8. Article 102.0179, Code of Criminal Procedure, as
455	455	added by this Act, applies only to a cost on conviction for an
456	456	offense committed on or after the effective date of this Act. An
457	457	offense committed before the effective date of this Act is covered
458	458	by the law in effect when the offense was committed, and the former
459	459	law is continued in effect for that purpose. For purposes of this
460	460	section, an offense was committed before the effective date of this
461	461	Act if any element of the offense was committed before that date.
462	462	SECTION 9. The change in law made by Subsection (d-1),
463	463	Section 411.081, Government Code, as added by this Act, applies to a
464	464	person placed on community supervision under Section 15B, Article
465	465	42.12, Code of Criminal Procedure, as added by this Act, on or after
466	466	the effective date of this Act regardless of when the person
467	467	committed the offense for which the person is placed on community
468	468	supervision.
469	469	SECTION 10. The Texas Department of Criminal Justice shall
470	470	submit to the legislature the first report required by Section
471	471	509.013, Government Code, as added by this Act, not later than
472	472	December 1, 2010.
473	473	SECTION 11. This Act takes effect September 1, 2009.
474	474	* * * * *