Texas 2017 - 85th Regular

Texas House Bill HB524 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R56 JSC-F
2	2	By: Villalba H.B. No. 524
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for certain offenses involving family
8	8	violence; changing the eligibility for parole and mandatory
9	9	supervision for those offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 42, Code of Criminal Procedure, is
12	12	amended by adding Article 42.039 to read as follows:
13	13	Art. 42.039. REIMBURSEMENT FOR CONFINEMENT EXPENSES BY
14	14	CERTAIN FAMILY VIOLENCE OFFENDERS. (a) In addition to any fine,
15	15	cost, or fee authorized by law, a court that sentences to a term of
16	16	confinement a defendant convicted of an offense under Section
17	17	22.01, Penal Code, and punished under Subsection (b-1)(2) of that
18	18	section and that orders the execution of the entire sentence shall
19	19	require the defendant to reimburse the Texas Department of Criminal
20	20	Justice for the cost of the defendant's confinement for the period
21	21	specified by this article.
22	22	(b) A court that places a defendant on community
23	23	supervision, including deferred adjudication community
24	24	supervision, for an offense under Section 22.01, Penal Code,
25	25	punishable under Subsection (b-1)(2) of that section, shall require
26	26	as a condition of community supervision that the defendant
27	27	reimburse the following entities for the cost of the defendant's
28	28	confinement for the period specified by this article:
29	29	(1) the county if the defendant is confined in a county
30	30	jail; or
31	31	(2) the community supervision and corrections
32	32	department that is served by a community corrections facility if
33	33	the defendant is confined in the facility.
34	34	(c) The amount of reimbursement shall be the actual cost of
35	35	the defendant's first two years of confinement, deducting for a
36	36	defendant on community supervision any projected costs that would
37	37	have been expended for the supervision of the defendant if the
38	38	defendant had been on community supervision but not confined during
39	39	that two-year period.
40	40	(d) Notwithstanding Subsection (a) or (b), the court shall
41	41	waive the amount of reimbursement required under this article if
42	42	the court determines that the defendant is indigent based on the
43	43	defendant's sworn statement or affidavit filed with the court.
44	44	(e) Notwithstanding Subsection (a) or (b), based on the
45	45	defendant's ability to pay the court may reduce the amount of
46	46	reimbursement required under this article by considering:
47	47	(1) the defendant's employment status, earning
48	48	ability, and financial resources; and
49	49	(2) any other special circumstances that may affect
50	50	the defendant's ability to pay, including child support obligations
51	51	and including any financial responsibilities owed by the defendant
52	52	to dependents or restitution payments owed by the defendant to a
53	53	victim.
54	54	(f) A defendant is entitled to begin paying the
55	55	reimbursement under this article following the last day of the term
56	56	of confinement and may pay the reimbursement amount in
57	57	installments. The last installment may not be later than the 10th
58	58	anniversary of that date.
59	59	SECTION 2. Article 42A.504, Code of Criminal Procedure, as
60	60	effective January 1, 2017, is amended by adding Subsection (e) to
61	61	read as follows:
62	62	(e) If the court places a defendant on deferred adjudication
63	63	community supervision for, or grants community supervision to a
64	64	defendant convicted of, an offense under Section 22.01, Penal Code,
65	65	that is punishable under Subsection (b-1)(2) of that section, the
66	66	court shall require as a condition of community supervision that
67	67	the defendant submit to a period of confinement equal to two years.
68	68	SECTION 3. Section 508.145(d)(1), Government Code, as
69	69	effective January 1, 2017, is amended to read as follows:
70	70	(1) This subsection applies only to an inmate who is
71	71	serving a sentence for:
72	72	(A) an offense described by Article 42A.054(a),
73	73	Code of Criminal Procedure, other than an offense under Section
74	74	19.03, Penal Code;
75	75	(B) an offense for which the judgment contains an
76	76	affirmative finding under Article 42A.054(c) or (d), Code of
77	77	Criminal Procedure;
78	78	(C) an offense under Section 20A.03, Penal Code;
79	79	[or]
80	80	(D) an offense under Section 22.01, Penal Code,
81	81	punished under Subsection (b-1)(2) of that section; or
82	82	(E) an offense under Section 71.02 or 71.023,
83	83	Penal Code.
84	84	SECTION 4. Section 508.149(a), Government Code, as
85	85	effective January 1, 2017, is amended to read as follows:
86	86	(a) An inmate may not be released to mandatory supervision
87	87	if the inmate is serving a sentence for or has been previously
88	88	convicted of:
89	89	(1) an offense for which the judgment contains an
90	90	affirmative finding under Article 42A.054(c) or (d), Code of
91	91	Criminal Procedure;
92	92	(2) a first degree felony or a second degree felony
93	93	under Section 19.02, Penal Code;
94	94	(3) a capital felony under Section 19.03, Penal Code;
95	95	(4) a first degree felony or a second degree felony
96	96	under Section 20.04, Penal Code;
97	97	(5) an offense under Section 21.11, Penal Code;
98	98	(6) a felony under Section 22.011, Penal Code;
99	99	(7) a first degree felony or a second degree felony
100	100	under Section 22.02, Penal Code;
101	101	(8) a first degree felony under Section 22.021, Penal
102	102	Code;
103	103	(9) a first degree felony under Section 22.04, Penal
104	104	Code;
105	105	(10) a first degree felony under Section 28.02, Penal
106	106	Code;
107	107	(11) a second degree felony under Section 29.02, Penal
108	108	Code;
109	109	(12) a first degree felony under Section 29.03, Penal
110	110	Code;
111	111	(13) a first degree felony under Section 30.02, Penal
112	112	Code;
113	113	(14) a felony for which the punishment is increased
114	114	under Section 481.134 or Section 481.140, Health and Safety Code;
115	115	(15) an offense under Section 43.25, Penal Code;
116	116	(16) an offense under Section 21.02, Penal Code;
117	117	(17) a first degree felony under Section 15.03, Penal
118	118	Code;
119	119	(18) an offense under Section 43.05, Penal Code;
120	120	(19) an offense under Section 20A.02, Penal Code;
121	121	(20) an offense under Section 20A.03, Penal Code; [or]
122	122	(21) a first degree felony under Section 71.02 or
123	123	71.023, Penal Code; or
124	124	(22) an offense under Section 22.01, Penal Code,
125	125	punished under Subsection (b-1)(2) of that section.
126	126	SECTION 5. Sections 22.01(b-1) and (f), Penal Code, are
127	127	amended to read as follows:
128	128	(b-1) Notwithstanding Subsection (b)(2), an offense under
129	129	Subsection (a)(1) is a felony of the second degree if[:
130	130	[(1)] the offense is committed against a person whose
131	131	relationship to or association with the defendant is described by
132	132	Section 71.0021(b), 71.003, or 71.005, Family Code, and: [;]
133	133	(1) [(2)] it is shown on the trial of the offense that
134	134	the defendant has been previously convicted of an offense under
135	135	this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against
136	136	a person whose relationship to or association with the defendant is
137	137	described by Section 71.0021(b), 71.003, or 71.005, Family Code,
138	138	[;] and
139	139	[(3)] the offense is committed by intentionally,
140	140	knowingly, or recklessly impeding the normal breathing or
141	141	circulation of the blood of the person by applying pressure to the
142	142	person's throat or neck or by blocking the person's nose or mouth;
143	143	or
144	144	(2) it is shown on the trial of the offense that the
145	145	defendant has been previously convicted two or more times of an
146	146	offense under this chapter, Chapter 19, or Section 20.03, 20.04, or
147	147	21.11 against a person whose relationship to or association with
148	148	the defendant is described by Section 71.0021(b), 71.003, or
149	149	71.005, Family Code.
150	150	(f) For the purposes of Subsections (b)(2)(A) and (b-1)
151	151	[(b-1)(2)]:
152	152	(1) a defendant has been previously convicted of an
153	153	offense listed in those subsections committed against a person
154	154	whose relationship to or association with the defendant is
155	155	described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
156	156	the defendant was adjudged guilty of the offense or entered a plea
157	157	of guilty or nolo contendere in return for a grant of deferred
158	158	adjudication, regardless of whether the sentence for the offense
159	159	was ever imposed or whether the sentence was probated and the
160	160	defendant was subsequently discharged from community supervision;
161	161	and
162	162	(2) a conviction under the laws of another state for an
163	163	offense containing elements that are substantially similar to the
164	164	elements of an offense listed in those subsections is a conviction
165	165	of the offense listed.
166	166	SECTION 6. The change in law made by this Act applies only
167	167	to an offense committed on or after the effective date of this Act.
168	168	An offense committed before the effective date of this Act is
169	169	governed by the law in effect on the date the offense was committed,
170	170	and the former law is continued in effect for that purpose. For
171	171	purposes of this section, an offense was committed before the
172	172	effective date of this Act if any element of the offense occurred
173	173	before that date.
174	174	SECTION 7. This Act takes effect September 1, 2017.