Texas 2015 - 84th Regular

Texas House Bill HB1897 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R12972 JSC-F
2	2	By: Villalba H.B. No. 1897
3	3	Substitute the following for H.B. No. 1897:
4	4	By: Keough C.S.H.B. No. 1897
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the punishment for certain offenses involving family
10	10	violence; changing the eligibility for parole and mandatory
11	11	supervision for those offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 42, Code of Criminal Procedure, is
14	14	amended by adding Article 42.039 to read as follows:
15	15	Art. 42.039. REIMBURSEMENT OF CONFINEMENT EXPENSES BY
16	16	CERTAIN FAMILY VIOLENCE OFFENDERS. (a) In addition to any fine,
17	17	cost, or fee authorized by law, a court that sentences to a term of
18	18	confinement a defendant convicted of an offense under Section
19	19	22.01, Penal Code, and punished under Subsection (b-1)(2) of that
20	20	section and that orders the execution of the entire sentence shall
21	21	require the defendant to reimburse the Texas Department of Criminal
22	22	Justice for the cost of the defendant's confinement for the period
23	23	specified by this article.
24	24	(b) A court that places a defendant on community
25	25	supervision, including deferred adjudication community
26	26	supervision, for an offense under Section 22.01, Penal Code,
27	27	punishable under Subsection (b-1)(2) of that section, shall require
28	28	as a condition of community supervision that the defendant
29	29	reimburse the following entities for the cost of the defendant's
30	30	confinement for the period specified by this article:
31	31	(1) the county if the defendant is confined in a county
32	32	jail; or
33	33	(2) the community supervision and corrections
34	34	department that is served by a community corrections facility if
35	35	the defendant is confined in the facility.
36	36	(c) The amount of reimbursement shall be the actual cost of
37	37	the defendant's first two years of confinement, deducting for a
38	38	defendant on community supervision any projected costs that would
39	39	have been expended for the supervision of the defendant if the
40	40	defendant had been on community supervision but not confined during
41	41	that two-year period.
42	42	(d) Notwithstanding Subsection (a) or (b), the court shall
43	43	waive the amount of reimbursement required under this article if
44	44	the court determines that the defendant is indigent based on the
45	45	defendant's sworn statement or affidavit filed with the court.
46	46	(e) Notwithstanding Subsection (a) or (b), based on the
47	47	defendant's ability to pay the court may reduce the amount of
48	48	reimbursement required under this article by considering:
49	49	(1) the defendant's employment status, earning
50	50	ability, and financial resources; and
51	51	(2) any other special circumstances that may affect
52	52	the defendant's ability to pay, including child support obligations
53	53	and including any financial responsibilities owed by the defendant
54	54	to dependents or restitution payments owed by the defendant to a
55	55	victim.
56	56	(f) A defendant is entitled to begin paying the
57	57	reimbursement under this article following the last day of the term
58	58	of confinement and may pay the reimbursement amount in
59	59	installments. The last installment may not be later than the 10th
60	60	anniversary of that date.
61	61	SECTION 2. Section 14, Article 42.12, Code of Criminal
62	62	Procedure, as amended by Chapter 165 (H.B. 119), Acts of the 73rd
63	63	Legislature, Regular Session, 1993, Chapter 910 (H.B. 2187), Acts
64	64	of the 76th Legislature, Regular Session, 1999, Chapter 353 (S.B.
65	65	1054), Acts of the 78th Legislature, Regular Session, 2003, and
66	66	Chapter 113 (S.B. 44), Acts of the 80th Legislature, Regular
67	67	Session, 2007, is amended by adding Subsection (d) to read as
68	68	follows:
69	69	(d) If the court places a defendant on deferred adjudication
70	70	community supervision for, or grants community supervision to a
71	71	defendant convicted of, an offense under Section 22.01, Penal Code,
72	72	that is punishable under Subsection (b-1)(2) of that section, the
73	73	court shall require as a condition of community supervision that
74	74	the defendant submit to a period of confinement equal to two years.
75	75	SECTION 3. Section 508.145(d)(1), Government Code, is
76	76	amended to read as follows:
77	77	(1) An inmate serving a sentence for an offense
78	78	described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H),
79	79	(I), (J), (K), (L), (M), or (N), Article 42.12, Code of Criminal
80	80	Procedure, an offense for which the judgment contains an
81	81	affirmative finding under Section 3g(a)(2) of that article, an
82	82	offense under Section 20A.03, Penal Code, an offense under Section
83	83	22.01, Penal Code, punished under Subsection (b-1)(2) of that
84	84	section, or an offense under Section 71.02 or 71.023, Penal Code, is
85	85	not eligible for release on parole until the inmate's actual
86	86	calendar time served, without consideration of good conduct time,
87	87	equals one-half of the sentence or 30 calendar years, whichever is
88	88	less, but in no event is the inmate eligible for release on parole
89	89	in less than two calendar years.
90	90	SECTION 4. Section 508.149(a), Government Code, is amended
91	91	to read as follows:
92	92	(a) An inmate may not be released to mandatory supervision
93	93	if the inmate is serving a sentence for or has been previously
94	94	convicted of:
95	95	(1) an offense for which the judgment contains an
96	96	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
97	97	Criminal Procedure;
98	98	(2) a first degree felony or a second degree felony
99	99	under Section 19.02, Penal Code;
100	100	(3) a capital felony under Section 19.03, Penal Code;
101	101	(4) a first degree felony or a second degree felony
102	102	under Section 20.04, Penal Code;
103	103	(5) an offense under Section 21.11, Penal Code;
104	104	(6) a felony under Section 22.011, Penal Code;
105	105	(7) a first degree felony or a second degree felony
106	106	under Section 22.02, Penal Code;
107	107	(8) a first degree felony under Section 22.021, Penal
108	108	Code;
109	109	(9) a first degree felony under Section 22.04, Penal
110	110	Code;
111	111	(10) a first degree felony under Section 28.02, Penal
112	112	Code;
113	113	(11) a second degree felony under Section 29.02, Penal
114	114	Code;
115	115	(12) a first degree felony under Section 29.03, Penal
116	116	Code;
117	117	(13) a first degree felony under Section 30.02, Penal
118	118	Code;
119	119	(14) a felony for which the punishment is increased
120	120	under Section 481.134 or Section 481.140, Health and Safety Code;
121	121	(15) an offense under Section 43.25, Penal Code;
122	122	(16) an offense under Section 21.02, Penal Code;
123	123	(17) a first degree felony under Section 15.03, Penal
124	124	Code;
125	125	(18) an offense under Section 43.05, Penal Code;
126	126	(19) an offense under Section 20A.02, Penal Code;
127	127	(20) an offense under Section 20A.03, Penal Code; [or]
128	128	(21) a first degree felony under Section 71.02 or
129	129	71.023, Penal Code; or
130	130	(22) an offense under Section 22.01, Penal Code,
131	131	punished under Subsection (b-1)(2) of that section.
132	132	SECTION 5. Sections 22.01(b-1) and (f), Penal Code, are
133	133	amended to read as follows:
134	134	(b-1) Notwithstanding Subsection (b)(2), an offense under
135	135	Subsection (a)(1) is a felony of the second degree if[:
136	136	[(1)] the offense is committed against a person whose
137	137	relationship to or association with the defendant is described by
138	138	Section 71.0021(b), 71.003, or 71.005, Family Code, and: [;]
139	139	(1) [(2)] it is shown on the trial of the offense that
140	140	the defendant has been previously convicted of an offense under
141	141	this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against
142	142	a person whose relationship to or association with the defendant is
143	143	described by Section 71.0021(b), 71.003, or 71.005, Family Code,
144	144	[;] and
145	145	[(3)] the offense is committed by intentionally,
146	146	knowingly, or recklessly impeding the normal breathing or
147	147	circulation of the blood of the person by applying pressure to the
148	148	person's throat or neck or by blocking the person's nose or mouth;
149	149	or
150	150	(2) it is shown on the trial of the offense that the
151	151	defendant has been previously convicted two or more times of an
152	152	offense under this chapter, Chapter 19, or Section 20.03, 20.04, or
153	153	21.11 against a person whose relationship to or association with
154	154	the defendant is described by Section 71.0021(b), 71.003, or
155	155	71.005, Family Code.
156	156	(f) For the purposes of Subsections (b)(2)(A) and (b-1)
157	157	[(b-1)(2)]:
158	158	(1) a defendant has been previously convicted of an
159	159	offense listed in those subsections committed against a person
160	160	whose relationship to or association with the defendant is
161	161	described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
162	162	the defendant was adjudged guilty of the offense or entered a plea
163	163	of guilty or nolo contendere in return for a grant of deferred
164	164	adjudication, regardless of whether the sentence for the offense
165	165	was ever imposed or whether the sentence was probated and the
166	166	defendant was subsequently discharged from community supervision;
167	167	and
168	168	(2) a conviction under the laws of another state for an
169	169	offense containing elements that are substantially similar to the
170	170	elements of an offense listed in those subsections is a conviction
171	171	of the offense listed.
172	172	SECTION 6. The change in law made by this Act applies only
173	173	to an offense committed on or after the effective date of this Act.
174	174	An offense committed before the effective date of this Act is
175	175	governed by the law in effect on the date the offense was committed,
176	176	and the former law is continued in effect for that purpose. For
177	177	purposes of this section, an offense was committed before the
178	178	effective date of this Act if any element of the offense occurred
179	179	before that date.
180	180	SECTION 7. This Act takes effect September 1, 2015.