82R4375 MAW-D
By: Lewis H.B. No. 921
A BILL TO BE ENTITLED
AN ACT
relating to the reimbursement of certain medical, dental, or
health-related services as a condition of community supervision and
to the revocation of community supervision for failure to make
certain payments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) The judge of the court having jurisdiction of the case
shall determine the conditions of community supervision and may, at
any time during the period of community supervision, alter or
modify the conditions. The judge may impose any reasonable
condition that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform
the defendant. Conditions of community supervision may include,
but shall not be limited to, the conditions that the defendant
shall:
(1) Commit no offense against the laws of this State or
of any other State or of the United States;
(2) Avoid injurious or vicious habits;
(3) Avoid persons or places of disreputable or harmful
character, including any person, other than a family member of the
defendant, who is an active member of a criminal street gang;
(4) Report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(5) Permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(6) Work faithfully at suitable employment as far as
possible;
(7) Remain within a specified place;
(8) Pay the defendant's fine, if one is assessed, and
all court costs whether a fine is assessed or not, in one or several
sums;
(9) Support the defendant's dependents;
(10) Participate, for a time specified by the judge,
in any community-based program, including a community-service work
program under Section 16 of this article;
(11) Reimburse the county in which the prosecution was
instituted for compensation paid to appointed counsel for defending
the defendant in the case, if counsel was appointed, or if the
defendant was represented by a county-paid public defender, in an
amount that would have been paid to an appointed attorney had the
county not had a public defender;
(12) Remain under custodial supervision in a community
corrections facility, obey all rules and regulations of the
facility, and pay a percentage of the defendant's income to the
facility for room and board;
(13) Pay a percentage of the defendant's income to the
defendant's dependents for their support while under custodial
supervision in a community corrections facility;
(14) Submit to testing for alcohol or controlled
substances;
(15) Attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Texas Commission on Alcohol
and Drug Abuse;
(16) With the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(17) Submit to electronic monitoring;
(18) Reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56.32, of the defendant's offense or if no
reimbursement is required, make one payment to the compensation to
victims of crime fund in an amount not to exceed $50 if the offense
is a misdemeanor or not to exceed $100 if the offense is a felony;
(19) Reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(20) Pay all or part of the reasonable and necessary
costs incurred by the victim for psychological counseling made
necessary by the offense or for counseling and education relating
to acquired immune deficiency syndrome or human immunodeficiency
virus made necessary by the offense;
(21) Make one payment in an amount not to exceed $50 to
a crime stoppers organization as defined by Section 414.001,
Government Code, and as certified by the Texas Crime Stoppers
Council;
(22) Submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant;
(23) In any manner required by the judge, provide
public notice of the offense for which the defendant was placed on
community supervision in the county in which the offense was
committed; [and]
(24) Reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case;
and
(25) Reimburse a county for any medical, dental, or
health-related services for which the county has not been
reimbursed that the county provided to the defendant while the
defendant was confined in the county jail for the offense for which
the defendant was placed on community supervision.
SECTION 2. Section 21(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) In a community supervision revocation hearing at which
it is alleged only that the defendant violated the conditions of
community supervision by failing to pay compensation paid to
appointed counsel, community supervision fees, [or] court costs, or
any other amount required to be paid as a condition of community
supervision, the state must prove by a preponderance of the
evidence that the defendant was able to pay and did not pay as
ordered by the judge. The court may order a community supervision
and corrections department to obtain information pertaining to the
factors listed under Article 42.037(h) of this code and include
that information in the report required under Section 9(a) of this
article or a separate report, as the court directs.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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 the former 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.