Texas 2009 - 81st Regular

Texas Senate Bill SB423 Compare Versions

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1	1	By: Carona S.B. No. 423
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the conditions of community supervision that may be
7	7	imposed on a defendant with regard to association with a member of a
8	8	criminal street gang.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (a), Section 11, Article 42.12, Code
11	11	of Criminal Procedure, is amended to read as follows:
12	12	(a) The judge of the court having jurisdiction of the case
13	13	shall determine the conditions of community supervision and may, at
14	14	any time[,] during the period of community supervision, alter or
15	15	modify the conditions. The judge may impose any reasonable
16	16	condition that is designed to protect or restore the community,
17	17	protect or restore the victim, or punish, rehabilitate, or reform
18	18	the defendant. Conditions of community supervision may include,
19	19	but shall not be limited to, the conditions that the defendant
20	20	shall:
21	21	(1) Commit no offense against the laws of this State or
22	22	of any other State or of the United States;
23	23	(2) Avoid injurious or vicious habits;
24	24	(3) Avoid persons or places of disreputable or harmful
25	25	character, including any person, other than a family member of the
26	26	defendant, who is an active member of a criminal street gang;
27	27	(4) Report to the supervision officer as directed by
28	28	the judge or supervision officer and obey all rules and regulations
29	29	of the community supervision and corrections department;
30	30	(5) Permit the supervision officer to visit the
31	31	defendant at the defendant's home or elsewhere;
32	32	(6) Work faithfully at suitable employment as far as
33	33	possible;
34	34	(7) Remain within a specified place;
35	35	(8) Pay the defendant's fine, if one is [be] assessed,
36	36	and all court costs whether a fine is [be] assessed or not, in one or
37	37	several sums;
38	38	(9) Support the defendant's dependents;
39	39	(10) Participate, for a time specified by the judge,
40	40	in any community-based program, including a community-service work
41	41	program under Section 16 of this article;
42	42	(11) Reimburse the county in which the prosecution was
43	43	instituted for compensation paid to appointed counsel for defending
44	44	the defendant in the case, if counsel was appointed, or if the
45	45	defendant was represented by a county-paid public defender, in an
46	46	amount that would have been paid to an appointed attorney had the
47	47	county not had a public defender;
48	48	(12) Remain under custodial supervision in a community
49	49	corrections facility, obey all rules and regulations of the [such]
50	50	facility, and pay a percentage of the defendant's income to the
51	51	facility for room and board;
52	52	(13) Pay a percentage of the defendant's income to the
53	53	defendant's dependents for their support while under custodial
54	54	supervision in a community corrections facility;
55	55	(14) Submit to testing for alcohol or controlled
56	56	substances;
57	57	(15) Attend counseling sessions for substance abusers
58	58	or participate in substance abuse treatment services in a program
59	59	or facility approved or licensed by the Texas Commission on Alcohol
60	60	and Drug Abuse;
61	61	(16) With the consent of the victim of a misdemeanor
62	62	offense or of any offense under Title 7, Penal Code, participate in
63	63	victim-defendant mediation;
64	64	(17) Submit to electronic monitoring;
65	65	(18) Reimburse the compensation to victims of crime
66	66	fund for any amounts paid from that fund to or on behalf of a victim,
67	67	as defined by Article 56.32, of the defendant's offense or if no
68	68	reimbursement is required, make one payment to the compensation to
69	69	victims of crime fund in an amount not to exceed $50 if the offense
70	70	is a misdemeanor or not to exceed $100 if the offense is a felony;
71	71	(19) Reimburse a law enforcement agency for the
72	72	analysis, storage, or disposal of raw materials, controlled
73	73	substances, chemical precursors, drug paraphernalia, or other
74	74	materials seized in connection with the offense;
75	75	(20) Pay all or part of the reasonable and necessary
76	76	costs incurred by the victim for psychological counseling made
77	77	necessary by the offense or for counseling and education relating
78	78	to acquired immune deficiency syndrome or human immunodeficiency
79	79	virus made necessary by the offense;
80	80	(21) Make one payment in an amount not to exceed $50 to
81	81	a crime stoppers organization as defined by Section 414.001,
82	82	Government Code, and as certified by the Crime Stoppers Advisory
83	83	Council;
84	84	(22) Submit a DNA sample to the Department of Public
85	85	Safety under Subchapter G, Chapter 411, Government Code, for the
86	86	purpose of creating a DNA record of the defendant;
87	87	(23) In any manner required by the judge, provide
88	88	public notice of the offense for which the defendant was placed on
89	89	community supervision in the county in which the offense was
90	90	committed; and
91	91	(24) Reimburse the county in which the prosecution was
92	92	instituted for compensation paid to any interpreter in the case.
93	93	SECTION 2. This Act takes effect September 1, 2009.