82R23723 KCR-D
By: Turner, Allen, Aliseda, Rodriguez H.B. No. 1205
Substitute the following for H.B. No. 1205:
By: Gallego C.S.H.B. No. 1205
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for reducing or terminating community
supervision and the establishment of certain time credits through
which a defendant's period of community supervision is reduced.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) At any time after the defendant has satisfactorily
completed one-third of the original community supervision period or
two years of community supervision, whichever is less, the period
of community supervision may be reduced or terminated by the judge.
On completion of one-half of the original community supervision
period or two years of community supervision, whichever is more,
the judge shall review the defendant's record and consider whether
to reduce or terminate the period of community supervision, unless
the defendant is delinquent in paying required restitution, fines,
costs, or fees that the defendant has the ability to pay or the
defendant has not completed court-ordered counseling or treatment.
Before reducing or terminating a period of community supervision or
conducting a [the] review under this section, the judge shall
notify the attorney representing the state and the defendant or, if
the defendant has an attorney, the defendant's attorney. If the
judge determines that the defendant has failed to satisfactorily
fulfill the conditions of community supervision, the judge shall
advise the defendant in writing of the requirements for
satisfactorily fulfilling those conditions. Upon the satisfactory
fulfillment of the conditions of community supervision, and the
expiration of the period of community supervision, the judge, by
order duly entered, shall amend or modify the original sentence
imposed, if necessary, to conform to the community supervision
period and shall discharge the defendant. If the judge discharges
the defendant under this section, the judge may set aside the
verdict or permit the defendant to withdraw the defendant's plea,
and shall dismiss the accusation, complaint, information or
indictment against the defendant, who shall thereafter be released
from all penalties and disabilities resulting from the offense or
crime of which the defendant has been convicted or to which the
defendant has pleaded guilty, except that:
(1) proof of the conviction or plea of guilty shall be
made known to the judge should the defendant again be convicted of
any criminal offense; and
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Health and
Human Services Commission may consider the fact that the defendant
previously has received community supervision under this article in
issuing, renewing, denying, or revoking a license under that
chapter.
SECTION 2. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 20A to read as follows:
Sec. 20A. TIME CREDITS FOR COMPLETION OF CERTAIN CONDITIONS
OF COMMUNITY SUPERVISION. (a) This section applies only to a
defendant who:
(1) is granted community supervision, including
deferred adjudication community supervision, for an offense
punishable as a state jail felony or a felony of the third degree,
other than an offense:
(A) under Chapter 49, Penal Code;
(B) involving family violence as defined by
Section 71.004, Family Code; or
(C) included as a "reportable conviction or
adjudication" under Article 62.001(5);
(2) is not delinquent in paying required fines, costs,
or fees; and
(3) has fully satisfied any order to pay restitution
to a victim.
(b) A defendant described by Subsection (a) is entitled to
receive any combination of time credits toward the completion of
the defendant's period of community supervision in accordance with
this section if the court ordered the defendant as a condition of
community supervision to:
(1) earn a certificate, diploma, or degree described
by Subsection (c);
(2) make a payment described by Subsection (d); or
(3) complete a treatment or rehabilitation program
described by Subsection (e).
(c) A defendant is entitled to time credits toward the
completion of the defendant's period of community supervision for
earning the following certificates, diplomas, or degrees:
(1) a high school diploma or high school equivalency
certificate: 90 days; and
(2) an associate's degree: 120 days.
(d) A defendant is entitled to time credits toward the
completion of the defendant's period of community supervision for
the full payment of court costs, fines, attorney's fees, and
restitution as follows:
(1) court costs: 15 days;
(2) fines: 30 days;
(3) attorney's fees: 30 days; and
(4) restitution: 60 days.
(e) A defendant is entitled to time credits toward the
completion of the defendant's period of community supervision for
the successful completion of treatment or rehabilitation programs
as follows:
(1) alcohol or substance abuse counseling or
treatment: 90 days;
(2) vocational, technical, or career education or
training program: 60 days;
(3) parenting class or parental responsibility
program: 30 days;
(4) anger management program: 30 days; and
(5) life skills training program: 30 days.
(f) A defendant's supervision officer shall notify the
court if one or more time credits under this section, cumulated with
the amount of the original community supervision period the
defendant has completed, allow or require the court to conduct a
review of the defendant's community supervision under Section 20.
On receipt of the notice from the supervision officer, the court
shall conduct the review of the defendant's community supervision
to determine if the defendant is eligible for a reduction or
termination of community supervision under Section 20, taking into
account any time credits to which the defendant is entitled under
this section when determining if the defendant has completed, as
applicable:
(1) the lesser of one-third of the original community
supervision period or two years of community supervision; or
(2) the greater of one-half of the original community
supervision period or two years of community supervision.
(g) A court may order that some or all of the credit to which
a defendant is entitled under this section be forfeited if, before
the expiration of the original period or a reduced period of
community supervision, the court:
(1) after a hearing under Section 21, finds that a
defendant violated one or more conditions of community supervision;
and
(2) modifies or continues the defendant's period of
community supervision under Section 22 or revokes the defendant's
community supervision under Section 23.
SECTION 3. Section 20A, Article 42.12, Code of Criminal
Procedure, as added by this Act, applies only to a defendant granted
community supervision for an offense that is committed on or after
the effective date of this Act. A defendant granted community
supervision for an offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and that law is continued in effect for that purpose.
For purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2011.