Texas 2015 - 84th Regular

Texas House Bill HB3633 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Herrero, Collier (Senate Sponsor - West) H.B. No. 3633
2		-	(In the Senate - Received from the House April 22, 2015;
3		-	April 23, 2015, read first time and referred to Committee on
4		-	Criminal Justice; May 6, 2015, reported favorably by the following
5		-	vote: Yeas 7, Nays 0; May 6, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3633
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	WhitmireX
12		-	HuffmanX
13		-	BurtonX
14		-	CreightonX
15		-	HinojosaX
16		-	MenéndezX
17		-	PerryX
18		-	A BILL TO BE ENTITLED
19	4		AN ACT
20	5		relating to reimbursement for the costs of legal services provided
21	6		to an indigent defendant in a criminal case.
22	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
23	8		SECTION 1. Article 26.05(g), Code of Criminal Procedure, is
24	9		amended to read as follows:
25	10		(g) If the judge [court] determines that a defendant has
26	11		financial resources that enable the defendant [him] to offset in
27	12		part or in whole the costs of the legal services provided to the
28	13		defendant in accordance with Article 1.051(c) or (d), including any
29	14		expenses and costs, the judge [court] shall order the defendant to
30	15		pay during the pendency of the charges or, if convicted, as court
31	16		costs the amount that the judge [it] finds the defendant is able to
32	17		pay. The defendant may not be ordered to pay an amount that exceeds:
33	18		(1) the actual costs, including any expenses and
34	19		costs, paid by the county for the legal services provided by an
35	20		appointed attorney; or
36	21		(2) if the defendant was represented by a public
37	22		defender's office, the actual amount, including any expenses and
38	23		costs, that would have otherwise been paid to an appointed attorney
39	24		had the county not had a public defender's office.
40	25		SECTION 2. Sections 11(a) and (b), Article 42.12, Code of
41	26		Criminal Procedure, are amended to read as follows:
42	27		(a) The judge of the court having jurisdiction of the case
43	28		shall determine the conditions of community supervision and may, at
44	29		any time during the period of community supervision, alter or
45	30		modify the conditions. The judge may impose any reasonable
46	31		condition that is designed to protect or restore the community,
47	32		protect or restore the victim, or punish, rehabilitate, or reform
48	33		the defendant. Conditions of community supervision may include,
49	34		but shall not be limited to, the conditions that the defendant
50	35		shall:
51	36		(1) Commit no offense against the laws of this State or
52	37		of any other State or of the United States;
53	38		(2) Avoid injurious or vicious habits;
54	39		(3) Avoid persons or places of disreputable or harmful
55	40		character, including any person, other than a family member of the
56	41		defendant, who is an active member of a criminal street gang;
57	42		(4) Report to the supervision officer as directed by
58	43		the judge or supervision officer and obey all rules and regulations
59	44		of the community supervision and corrections department;
60	45		(5) Permit the supervision officer to visit the
61	46		defendant at the defendant's home or elsewhere;
62	47		(6) Work faithfully at suitable employment as far as
63	48		possible;
64	49		(7) Remain within a specified place;
65	50		(8) Pay the defendant's fine, if one is assessed, and
66	51		all court costs whether a fine is assessed or not, in one or several
67	52		sums;
68	53		(9) Support the defendant's dependents;
69	54		(10) Participate, for a time specified by the judge,
70	55		in any community-based program, including a community-service work
71	56		program under Section 16 of this article;
72	57		(11) If the judge determines that the defendant has
73	58		financial resources that enable the defendant to offset in part or
74	59		in whole the costs of the legal services provided to the defendant
75	60		in accordance with Article 1.051(c) or (d), including any expenses
76	61		and costs, reimburse [Reimburse] the county in which the
77	62		prosecution was instituted for the costs of the legal services in an
78	63		amount that the judge finds the defendant is able to pay, except
79	64		that the defendant may not be ordered to pay an amount that exceeds:
80	65		(A) the actual costs, including any expenses and
81	66		costs, paid by the county for the legal services provided by an
82	67		appointed attorney; [compensation paid to appointed counsel for
83	68		defending the defendant in the case, if counsel was appointed,] or
84	69		(B) if the defendant was represented by a public
85	70		defender's office, the actual [in an] amount, including any
86	71		expenses and costs, that would have otherwise been paid to an
87	72		appointed attorney had the county not had a public defender's
88	73		office;
89	74		(12) Remain under custodial supervision in a community
90	75		corrections facility, obey all rules and regulations of the
91	76		facility, and pay a percentage of the defendant's income to the
92	77		facility for room and board;
93	78		(13) Pay a percentage of the defendant's income to the
94	79		defendant's dependents for their support while under custodial
95	80		supervision in a community corrections facility;
96	81		(14) Submit to testing for alcohol or controlled
97	82		substances;
98	83		(15) Attend counseling sessions for substance abusers
99	84		or participate in substance abuse treatment services in a program
100	85		or facility approved or licensed by the Department of State Health
101	86		Services;
102	87		(16) With the consent of the victim of a misdemeanor
103	88		offense or of any offense under Title 7, Penal Code, participate in
104	89		victim-defendant mediation;
105	90		(17) Submit to electronic monitoring;
106	91		(18) Reimburse the compensation to victims of crime
107	92		fund for any amounts paid from that fund to or on behalf of a victim,
108	93		as defined by Article 56.32, of the defendant's offense or if no
109	94		reimbursement is required, make one payment to the compensation to
110	95		victims of crime fund in an amount not to exceed $50 if the offense
111	96		is a misdemeanor or not to exceed $100 if the offense is a felony;
112	97		(19) Reimburse a law enforcement agency for the
113	98		analysis, storage, or disposal of raw materials, controlled
114	99		substances, chemical precursors, drug paraphernalia, or other
115	100		materials seized in connection with the offense;
116	101		(20) Pay all or part of the reasonable and necessary
117	102		costs incurred by the victim for psychological counseling made
118	103		necessary by the offense or for counseling and education relating
119	104		to acquired immune deficiency syndrome or human immunodeficiency
120	105		virus made necessary by the offense;
121	106		(21) Make one payment in an amount not to exceed $50 to
122	107		a crime stoppers organization as defined by Section 414.001,
123	108		Government Code, and as certified by the Texas Crime Stoppers
124	109		Council;
125	110		(22) Submit a DNA sample to the Department of Public
126	111		Safety under Subchapter G, Chapter 411, Government Code, for the
127	112		purpose of creating a DNA record of the defendant;
128	113		(23) In any manner required by the judge, provide
129	114		public notice of the offense for which the defendant was placed on
130	115		community supervision in the county in which the offense was
131	116		committed; and
132	117		(24) Reimburse the county in which the prosecution was
133	118		instituted for compensation paid to any interpreter in the case.
134	119		(b)(1) A judge may not order a defendant to make any
135	120		payments as a term or condition of community supervision, except
136	121		for:
137	122		(A) fines, court costs, and restitution to the
138	123		victim;
139	124		(B) reimbursement of a county as described by
140	125		Subsection (a)(11); [,] and
141	126		(C) other conditions related personally to the
142	127		rehabilitation of the defendant or otherwise expressly authorized
143	128		by law.
144	129		(2) A judge may not impose a condition of community
145	130		supervision requiring a defendant to reimburse a county for the
146	131		costs of legal services as described by Subsection (a)(11) if the
147	132		defendant has already satisfied that obligation under Article
148	133		26.05(g).
149	134		(3) The court shall consider the ability of the
150	135		defendant to make payments before [in] ordering the defendant to
151	136		make payments under this article.
152	137		SECTION 3. Section 21(c), Article 42.12, Code of Criminal
153	138		Procedure, is amended to read as follows:
154	139		(c) The court may not revoke the community supervision of a
155	140		defendant if, at the community supervision revocation hearing, the
156	141		court finds that the only evidence supporting the alleged violation
157	142		of a condition of community supervision is the uncorroborated
158	143		results of a polygraph examination. In a community supervision
159	144		revocation hearing at which it is alleged only that the defendant
160	145		violated the conditions of community supervision by failing to pay
161	146		[compensation paid to appointed counsel,] community supervision
162	147		fees[,] or court costs or by failing to pay the costs of legal
163	148		services as described by Section 11(a)(11), the state must prove by
164	149		a preponderance of the evidence that the defendant was able to pay
165	150		and did not pay as ordered by the judge. The court may order a
166	151		community supervision and corrections department to obtain
167	152		information pertaining to the factors listed under Article
168	153		42.037(h) and include that information in the report required under
169	154		Section 9(a) or a separate report, as the court directs.
170	155		SECTION 4. The change in law made by this Act applies only
171	156		to a criminal hearing or proceeding that commences on or after the
172	157		effective date of this Act, regardless of when the defendant
173	158		committed the underlying offense for which the defendant became
174	159		subject to the hearing or proceeding. A criminal hearing or
175	160		proceeding that commences before the effective date of this Act is
176	161		governed by the law in effect on the date the hearing or proceeding
177	162		commenced, and the former law is continued in effect for that
178	163		purpose.
179	164		SECTION 5. This Act takes effect September 1, 2015.
180		-	* * * * *
	165	+	______________________________ ______________________________
	166	+	President of the Senate Speaker of the House
	167	+	I certify that H.B. No. 3633 was passed by the House on April
	168	+	21, 2015, by the following vote: Yeas 140, Nays 2, 1 present, not
	169	+	voting.
	170	+	______________________________
	171	+	Chief Clerk of the House
	172	+	I certify that H.B. No. 3633 was passed by the Senate on May
	173	+	12, 2015, by the following vote: Yeas 30, Nays 0.
	174	+	______________________________
	175	+	Secretary of the Senate
	176	+	APPROVED: _____________________
	177	+	Date
	178	+	_____________________
	179	+	Governor