Texas 2017 - 85th Regular

Texas House Bill HB2883 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R22858 MAW-F
2	2	By: Allen H.B. No. 2883
3	3	Substitute the following for H.B. No. 2883:
4	4	By: Romero, Jr. C.S.H.B. No. 2883
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the conditions of community supervision.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42A.301, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. (a) The
14	14	judge of the court having jurisdiction of the case shall determine
15	15	the conditions of community supervision based on the results of a
16	16	risk and needs assessment conducted with respect to the defendant.
17	17	The assessment must be conducted using an instrument that is
18	18	validated for the purpose of assessing the risks and needs of a
19	19	defendant placed on community supervision. The judge may impose
20	20	any reasonable condition that is not duplicative of another
21	21	condition and that is designed to protect or restore the community,
22	22	protect or restore the victim, or punish, rehabilitate, or reform
23	23	the defendant. In determining the conditions, the judge shall
24	24	consider the extent to which the conditions impact the defendant's:
25	25	(1) work, education, and community service schedule or
26	26	obligations; and
27	27	(2) ability to meet financial obligations.
28	28	(b) Conditions of community supervision may include
29	29	conditions requiring the defendant to:
30	30	(1) commit no offense against the laws of this state or
31	31	of any other state or of the United States;
32	32	(2) avoid injurious or vicious habits;
33	33	(3) avoid persons or places of disreputable or harmful
34	34	character, including any person, other than a family member of the
35	35	defendant, who is an active member of a criminal street gang;
36	36	(4) report to the supervision officer as directed by
37	37	the judge or supervision officer and obey all rules and regulations
38	38	of the community supervision and corrections department;
39	39	(5) permit the supervision officer to visit the
40	40	defendant at the defendant's home or elsewhere;
41	41	(6) work faithfully at suitable employment to the
42	42	extent possible;
43	43	(7) remain within a specified place;
44	44	(8) pay in one or more amounts:
45	45	(A) the defendant's fine, if one is assessed; and
46	46	(B) all court costs, regardless of whether a fine
47	47	is assessed;
48	48	(9) support the defendant's dependents;
49	49	(10) participate, for a period specified by the judge,
50	50	in any community-based program, including a community service
51	51	project under Article 42A.304;
52	52	(11) reimburse the county in which the prosecution was
53	53	instituted as follows:
54	54	(A) if counsel was appointed, an amount for
55	55	compensation paid to appointed counsel for defending the defendant
56	56	in the case; or
57	57	(B) if the defendant was represented by a public
58	58	defender's office, an amount that would have been paid to an
59	59	appointed attorney had the county not had a public defender's
60	60	office;
61	61	(12) if under custodial supervision in a community
62	62	corrections facility:
63	63	(A) remain under that supervision;
64	64	(B) obey all rules and regulations of the
65	65	facility; and
66	66	(C) pay a percentage of the defendant's income
67	67	to:
68	68	(i) the facility for room and board; and
69	69	(ii) the defendant's dependents for their
70	70	support during the period of custodial supervision;
71	71	(13) submit to testing for alcohol or controlled
72	72	substances;
73	73	(14) attend counseling sessions for substance abusers
74	74	or participate in substance abuse treatment services in a program
75	75	or facility approved or licensed by the Department of State Health
76	76	Services;
77	77	(15) with the consent of the victim of a misdemeanor
78	78	offense or of any offense under Title 7, Penal Code, participate in
79	79	victim-defendant mediation;
80	80	(16) submit to electronic monitoring;
81	81	(17) reimburse the compensation to victims of crime
82	82	fund for any amounts paid from that fund to or on behalf of a victim,
83	83	as defined by Article 56.32, of the offense or if no reimbursement
84	84	is required, make one payment to the compensation to victims of
85	85	crime fund in an amount not to exceed $50 if the offense is a
86	86	misdemeanor or not to exceed $100 if the offense is a felony;
87	87	(18) reimburse a law enforcement agency for the
88	88	analysis, storage, or disposal of raw materials, controlled
89	89	substances, chemical precursors, drug paraphernalia, or other
90	90	materials seized in connection with the offense;
91	91	(19) pay all or part of the reasonable and necessary
92	92	costs incurred by the victim for psychological counseling made
93	93	necessary by the offense or for counseling and education relating
94	94	to acquired immune deficiency syndrome or human immunodeficiency
95	95	virus made necessary by the offense;
96	96	(20) make one payment in an amount not to exceed $50 to
97	97	a crime stoppers organization, as defined by Section 414.001,
98	98	Government Code, and as certified by the Texas Crime Stoppers
99	99	Council;
100	100	(21) submit a DNA sample to the Department of Public
101	101	Safety under Subchapter G, Chapter 411, Government Code, for the
102	102	purpose of creating a DNA record of the defendant;
103	103	(22) in any manner required by the judge, provide in
104	104	the county in which the offense was committed public notice of the
105	105	offense for which the defendant was placed on community
106	106	supervision; and
107	107	(23) reimburse the county in which the prosecution was
108	108	instituted for compensation paid to any interpreter in the case.
109	109	(c) Before the judge may require as a condition of community
110	110	supervision that the defendant receive treatment in a state-funded
111	111	substance abuse treatment program, including an inpatient or
112	112	outpatient program, a substance abuse felony program under Article
113	113	42A.303, or a program provided to the defendant while confined in a
114	114	community corrections facility as defined by Article 42A.601, the
115	115	judge must consider the results of an evaluation conducted to
116	116	determine the appropriate type and level of treatment necessary to
117	117	address the defendant's alcohol or drug dependency.
118	118	SECTION 2. The change in law made by this Act applies to a
119	119	defendant placed on community supervision on or after the effective
120	120	date of this Act, regardless of whether the offense for which the
121	121	defendant was placed on community supervision was committed before,
122	122	on, or after the effective date of this Act.
123	123	SECTION 3. This Act takes effect September 1, 2017.