84R701 JSC-F
By: Villalba H.B. No. 1897
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain offenses involving family
violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.039 to read as follows:
Art. 42.039. REIMBURSEMENT OF CONFINEMENT EXPENSES BY
CERTAIN FAMILY VIOLENCE OFFENDERS. (a) In addition to any fine,
cost, or fee authorized by law, a court that sentences to a term of
confinement a defendant convicted of an offense under Section
22.01, Penal Code, and punished under Subsection (b-1)(2) of that
section and that orders the execution of the entire sentence shall
require the defendant to reimburse the Texas Department of Criminal
Justice for the cost of the defendant's confinement for the period
specified by this article.
(b) A court that places a defendant on community
supervision, including deferred adjudication community
supervision, for an offense under Section 22.01, Penal Code,
punishable under Subsection (b-1)(2) of that section, shall require
as a condition of community supervision that the defendant
reimburse the following entities for the cost of the defendant's
confinement for the period specified by this article:
(1) the county if the defendant is confined in a county
jail; or
(2) the community supervision and corrections
department that is served by a community corrections facility if
the defendant is confined in the facility.
(c) The amount of reimbursement shall be the actual cost of
the defendant's first two years of confinement, deducting for a
defendant on community supervision any projected costs that would
have been expended for the supervision of the defendant if the
defendant had been on community supervision but not confined during
that two-year period.
(d) Notwithstanding Subsection (a) or (b), the court shall
waive the amount of reimbursement required under this article if
the court determines that the defendant is indigent based on the
defendant's sworn statement or affidavit filed with the court.
(e) Notwithstanding Subsection (a) or (b), based on the
defendant's ability to pay the court may reduce the amount of
reimbursement required under this article by considering:
(1) the defendant's employment status, earning
ability, and financial resources; and
(2) any other special circumstances that may affect
the defendant's ability to pay, including child support obligations
and including any financial responsibilities owed by the defendant
to dependents or restitution payments owed by the defendant to a
victim.
(f) A defendant is entitled to begin paying the
reimbursement under this article following the last day of the term
of confinement and may pay the reimbursement amount in
installments. The last installment may not be later than the 10th
anniversary of that date.
SECTION 2. Section 14, Article 42.12, Code of Criminal
Procedure, as amended by Chapter 165 (H.B. 119), Acts of the 73rd
Legislature, Regular Session, 1993, Chapter 910 (H.B. 2187), Acts
of the 76th Legislature, Regular Session, 1999, Chapter 353 (S.B.
1054), Acts of the 78th Legislature, Regular Session, 2003, and
Chapter 113 (S.B. 44), Acts of the 80th Legislature, Regular
Session, 2007, is amended by adding Subsection (d) to read as
follows:
(d) If the court places a defendant on deferred adjudication
community supervision for, or grants community supervision to a
defendant convicted of, an offense under Section 22.01, Penal Code,
that is punishable under Subsection (b-1)(2) of that section, the
court shall require as a condition of community supervision that
the defendant submit to a period of confinement equal to two years.
SECTION 3. Section 508.145(d)(1), Government Code, is
amended to read as follows:
(1) An inmate serving a sentence for an offense
described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H),
(I), (J), (K), (L), (M), or (N), Article 42.12, Code of Criminal
Procedure, an offense for which the judgment contains an
affirmative finding under Section 3g(a)(2) of that article, an
offense under Section 20A.03, Penal Code, an offense under Section
22.01, Penal Code, punished under Subsection (b-1)(2) of that
section, or an offense under Section 71.02 or 71.023, Penal Code, is
not eligible for release on parole until the inmate's actual
calendar time served, without consideration of good conduct time,
equals one-half of the sentence or 30 calendar years, whichever is
less, but in no event is the inmate eligible for release on parole
in less than two calendar years.
SECTION 4. Section 508.149(a), Government Code, is amended
to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or Section 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code;
(16) an offense under Section 21.02, Penal Code;
(17) a first degree felony under Section 15.03, Penal
Code;
(18) an offense under Section 43.05, Penal Code;
(19) an offense under Section 20A.02, Penal Code;
(20) an offense under Section 20A.03, Penal Code; [or]
(21) a first degree felony under Section 71.02 or
71.023, Penal Code; or
(22) an offense under Section 22.01, Penal Code,
punished under Subsection (b-1)(2) of that section.
SECTION 5. Sections 22.01(b-1) and (f), Penal Code, are
amended to read as follows:
(b-1) Notwithstanding Subsection (b)(2), an offense under
Subsection (a)(1) is a felony of the second degree if[:
[(1)] the offense is committed against a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code, and: [;]
(1) [(2)] it is shown on the trial of the offense that
the defendant has been previously convicted of an offense under
this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against
a person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code,
[;] and
[(3)] the offense is committed by intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the
person's throat or neck or by blocking the person's nose or mouth;
or
(2) it is shown on the trial of the offense that the
defendant has been previously convicted two or more times of an
offense under this chapter, Chapter 19, or Section 20.03, 20.04, or
21.11 against a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code.
(f) For the purposes of Subsections (b)(2)(A) and (b-1)
[(b-1)(2)]:
(1) a defendant has been previously convicted of an
offense listed in those subsections committed against a person
whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
the defendant was adjudged guilty of the offense or entered a plea
of guilty or nolo contendere in return for a grant of deferred
adjudication, regardless of whether the sentence for the offense
was ever imposed or whether the sentence was probated and the
defendant was subsequently discharged from community supervision;
and
(2) a conviction under the laws of another state for an
offense containing elements that are substantially similar to the
elements of an offense listed in those subsections is a conviction
of the offense listed.
SECTION 6. 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 7. This Act takes effect September 1, 2015.