82R7044 MAW-D
By: Huffman S.B. No. 686
A BILL TO BE ENTITLED
AN ACT
relating to the extension of the period of community supervision
for certain defendants who fail to pay restitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) The judge may extend a period of community supervision
on a showing of good cause under this section as often as the judge
determines is necessary, but except as otherwise provided by this
subsection, the period of community supervision in a first, second,
or third degree felony case may not exceed 10 years and[, except as
otherwise provided by this subsection,] the period of community
supervision in a misdemeanor case may not exceed three years. The
judge may extend the period of community supervision [in a
misdemeanor case] for any period the judge determines is necessary,
not to exceed an additional two years beyond the three-year limit in
a misdemeanor case, if the defendant fails to pay a previously
assessed fine, costs, or restitution and the judge determines that
extending the period of supervision increases the likelihood that
the defendant will fully pay the fine, costs, or restitution, and
not to exceed an additional five years beyond the 10-year limit in a
first, second, or third degree felony case, if the defendant fails
to pay the restitution and the judge determines that extending the
period of supervision increases the likelihood that the defendant
will fully pay the restitution. A court may extend a period of
community supervision under this section at any time during the
period of supervision or, if a motion for revocation of community
supervision is filed before the period of supervision ends, before
the first anniversary of the date on which the period of supervision
expires.
SECTION 2. Section 22A(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) A judge may extend a period of community supervision
under this section only once; however, the judge may extend a period
of community supervision for a defendant under both Section 22(c)
and this section, and the prohibitions [prohibition] in Section
22(c) against a period of community supervision in a felony case
exceeding 10 years or 15 years, as applicable, do [does] not apply
to a defendant for whom community supervision is increased under
this section or under both Section 22(c) and this section.
SECTION 3. The change in law made by this Act applies only
to a defendant initially placed on community supervision on or
after the effective date of this Act. A defendant initially placed
on community supervision before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2011.