85R12066 MAW-F
By: Allen H.B. No. 2883
A BILL TO BE ENTITLED
AN ACT
relating to the conditions of community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.301, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. (a) The
judge of the court having jurisdiction of the case shall determine
the conditions of community supervision based on the results of a
risk and needs assessment conducted with respect to the defendant.
The assessment must be conducted using an instrument that is
validated for the purpose of assessing the risks and needs of a
defendant placed on community supervision. The judge may impose
any reasonable condition that is not duplicative of another
condition and that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform
the defendant. In determining the conditions, the judge:
(1) may only impose the least restrictive condition
necessary to achieve the purpose for which the condition is
imposed; and
(2) shall consider the extent to which the conditions
impact the defendant's:
(A) work, education, and community service
schedule or obligations; and
(B) ability to meet financial obligations.
(b) Conditions of community supervision may include
conditions requiring the defendant to:
(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 to the
extent possible;
(7) remain within a specified place;
(8) pay in one or more amounts:
(A) the defendant's fine, if one is assessed; and
(B) all court costs, regardless of whether a fine
is assessed;
(9) support the defendant's dependents;
(10) participate, for a period specified by the judge,
in any community-based program, including a community service
project under Article 42A.304;
(11) reimburse the county in which the prosecution was
instituted as follows:
(A) if counsel was appointed, an amount for
compensation paid to appointed counsel for defending the defendant
in the case; or
(B) if the defendant was represented by a public
defender's office, an amount that would have been paid to an
appointed attorney had the county not had a public defender's
office;
(12) if under custodial supervision in a community
corrections facility:
(A) remain under that supervision;
(B) obey all rules and regulations of the
facility; and
(C) pay a percentage of the defendant's income
to:
(i) the facility for room and board; and
(ii) the defendant's dependents for their
support during the period of custodial supervision;
(13) submit to testing for alcohol or controlled
substances if the defendant's risk and needs assessment indicated
that the use of alcohol or a controlled substance:
(A) contributed to the commission of the offense;
or
(B) would increase the likelihood that the
defendant will commit another offense;
(14) attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Department of State Health
Services;
(15) with the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(16) submit to electronic monitoring;
(17) 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 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;
(18) 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;
(19) 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;
(20) 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;
(21) 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;
(22) in any manner required by the judge, provide in
the county in which the offense was committed public notice of the
offense for which the defendant was placed on community
supervision; and
(23) reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case.
(c) In imposing the conditions of community supervision,
the judge may not order the defendant to pay any amount, including
an amount to reimburse any cost, unless the judge determines that
the defendant is financially able to pay the amount.
SECTION 2. The change in law made by this Act applies to a
defendant placed on community supervision on or after the effective
date of this Act, regardless of whether the offense for which the
defendant was placed on community supervision was committed before,
on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.