Texas 2019 - 86th Regular

Texas House Bill HB3512 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R26061 MAW-F
2		-	By: Pacheco, Sherman, Sr., Lopez, H.B. No. 3512
3		-	González of Dallas, Krause
	2	+	By: Pacheco H.B. No. 3512
	3	+	Substitute the following for H.B. No. 3512:
	4	+	By: Stephenson C.S.H.B. No. 3512
4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to conditions of community supervision and procedures
9	10		applicable to the reduction or termination of a defendant's period
10	11		of community supervision.
11	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	13		SECTION 1. Article 42A.052(a), Code of Criminal Procedure,
13	14		is amended to read as follows:
14	15		(a) A judge who places a defendant on community supervision
15	16		may authorize the supervision officer supervising the defendant or
16	17		a magistrate appointed by the district courts in the county that
17	18		give preference to criminal cases to modify the conditions of
18	19		community supervision for the limited purposes [purpose] of:
19	20		(1) transferring the defendant to different programs
20	21		within the community supervision continuum of programs and
21	22		sanctions;
22	23		(2) prioritizing the conditions ordered by the court
23	24		according to:
24	25		(A) the defendant's needs as determined by a risk
25	26		and needs assessment; and
26	27		(B) the defendant's progress under supervision;
27	28		or
28	29		(3) requiring a defendant who is not otherwise
29	30		required to submit to testing for a controlled substance as a
30	31		condition of community supervision under Article 42A.301(b)(13) to
31	32		submit to testing for a controlled substance on each occasion on
32	33		which the supervision officer has a reasonable suspicion that the
33	34		defendant has used a controlled substance.
34	35		SECTION 2. Article 42A.301(b), Code of Criminal Procedure,
35	36		is amended to read as follows:
36	37		(b) Conditions of community supervision may include
37	38		conditions requiring the defendant to:
38	39		(1) commit no offense against the laws of this state or
39	40		of any other state or of the United States;
40	41		(2) avoid injurious or vicious habits;
41	42		(3) avoid persons or places of disreputable or harmful
42	43		character to the extent indicated by the results of the assessment
43	44		conducted under Subsection (a) [, including any person, other than
44	45		a family member of the defendant, who is an active member of a
45	46		criminal street gang];
46	47		(4) report to the supervision officer as directed by
47	48		the judge or supervision officer and obey all rules and regulations
48	49		of the community supervision and corrections department;
49	50		(5) permit the supervision officer to visit the
50	51		defendant at the defendant's home or elsewhere;
51	52		(6) work faithfully at suitable employment to the
52	53		extent possible;
53	54		(7) remain within a specified place;
54	55		(8) pay in one or more amounts:
55	56		(A) the defendant's fine, if one is assessed; and
56	57		(B) all court costs, regardless of whether a fine
57	58		is assessed;
58	59		(9) support the defendant's dependents;
59	60		(10) participate, for a period specified by the judge,
60	61		in any community-based program, including a community service
61	62		project under Article 42A.304;
62	63		(11) if the judge determines that the defendant has
63	64		financial resources that enable the defendant to offset in part or
64	65		in whole the costs of the legal services provided to the defendant
65	66		in accordance with Article 1.051(c) or (d), including any expenses
66	67		and costs, reimburse the county in which the prosecution was
67	68		instituted for the costs of the legal services in an amount that the
68	69		judge finds the defendant is able to pay, except that the defendant
69	70		may not be ordered to pay an amount that exceeds:
70	71		(A) the actual costs, including any expenses and
71	72		costs, paid by the county for the legal services provided by an
72	73		appointed attorney; or
73	74		(B) if the defendant was represented by a public
74	75		defender's office, the actual amount, including any expenses and
75	76		costs, that would have otherwise been paid to an appointed attorney
76	77		had the county not had a public defender's office;
77	78		(12) if under custodial supervision in a community
78	79		corrections facility:
79	80		(A) remain under that supervision;
80	81		(B) obey all rules and regulations of the
81	82		facility; and
82	83		(C) pay a percentage of the defendant's income
83	84		to:
84	85		(i) the facility for room and board; and
85	86		(ii) the defendant's dependents for their
86	87		support during the period of custodial supervision;
87	88		(13) submit to testing for alcohol or controlled
88	89		substances:
89	90		(A) during the 45-day period after the date of
90	91		the defendant's placement on community supervision; or
91	92		(B) at any time during the period of supervision
92	93		if:
93	94		(i) the defendant tested positive for a
94	95		controlled substance in a test conducted during the period
95	96		described by Paragraph (A) or conducted under Article
96	97		42A.052(a)(3);
97	98		(ii) the judge determines, based on the
98	99		results of the assessment conducted under Subsection (a) or the
99	100		evaluation conducted under Subsection (c), if applicable, that
100	101		testing is necessary to protect or restore the community or the
101	102		victim or to rehabilitate or reform the defendant; or
102	103		(iii) the defendant's offense involved a
103	104		controlled substance or alcohol;
104	105		(14) attend counseling sessions for substance abusers
105	106		or participate in substance abuse treatment services in a program
106	107		or facility approved or licensed by the Department of State Health
107	108		Services but only if:
108	109		(A) the judge determines, based on the results of
109	110		the assessment conducted under Subsection (a) or the evaluation
110	111		conducted under Subsection (c), if applicable, that counseling or
111	112		treatment is necessary to protect or restore the community or the
112	113		victim or to rehabilitate or reform the defendant; or
113	114		(B) the defendant's offense was related to
114	115		controlled substance or alcohol abuse;
115	116		(15) with the consent of the victim of a misdemeanor
116	117		offense or of any offense under Title 7, Penal Code, participate in
117	118		victim-defendant mediation;
118	119		(16) submit to electronic monitoring;
119	120		(17) reimburse the compensation to victims of crime
120	121		fund for any amounts paid from that fund to or on behalf of a victim,
121	122		as defined by Article 56.32, of the offense or if no reimbursement
122	123		is required, make one payment to the compensation to victims of
123	124		crime fund in an amount not to exceed $50 if the offense is a
124	125		misdemeanor or not to exceed $100 if the offense is a felony;
125	126		(18) reimburse a law enforcement agency for the
126	127		analysis, storage, or disposal of raw materials, controlled
127	128		substances, chemical precursors, drug paraphernalia, or other
128	129		materials seized in connection with the offense;
129	130		(19) pay all or part of the reasonable and necessary
130	131		costs incurred by the victim for psychological counseling made
131	132		necessary by the offense or for counseling and education relating
132	133		to acquired immune deficiency syndrome or human immunodeficiency
133	134		virus made necessary by the offense;
134	135		(20) make one payment in an amount not to exceed $50 to
135	136		a crime stoppers organization, as defined by Section 414.001,
136	137		Government Code, and as certified by the Texas Crime Stoppers
137	138		Council;
138	139		(21) submit a DNA sample to the Department of Public
139	140		Safety under Subchapter G, Chapter 411, Government Code, for the
140	141		purpose of creating a DNA record of the defendant;
141	142		(22) in any manner required by the judge, provide in
142	143		the county in which the offense was committed public notice of the
143	144		offense for which the defendant was placed on community
144	145		supervision; and
145	146		(23) reimburse the county in which the prosecution was
146	147		instituted for compensation paid to any interpreter in the case.
147	148		SECTION 3. Article 42A.303(e), Code of Criminal Procedure,
148	149		is amended to read as follows:
149	150		(e) The Department of State Health Services or the community
150	151		supervision and corrections department supervising the defendant
151	152		shall develop the continuum of care treatment plan described by
152	153		Subsection (d)(1).
153	154		SECTION 4. Articles 42A.403(d-1) and (e), Code of Criminal
154	155		Procedure, are amended to read as follows:
155	156		(d-1) The judge shall waive the educational program
156	157		requirement if the defendant successfully completes [equivalent]
157	158		education at a residential treatment facility under Article
158	159		42A.4045.
159	160		(e) The judge shall set out in the judgment, as applicable:
160	161		(1) the finding of good cause for waiver; or
161	162		(2) the finding that the defendant has successfully
162	163		completed [equivalent] education as provided by Article 42A.4045.
163	164		SECTION 5. Articles 42A.404(b-1) and (c), Code of Criminal
164	165		Procedure, are amended to read as follows:
165	166		(b-1) The judge shall waive the educational program
166	167		requirement if the defendant successfully completes [equivalent]
167	168		education at a residential treatment facility under Article
168	169		42A.4045.
169	170		(c) The judge shall set out in the judgment, as applicable:
170	171		(1) the finding of good cause for waiver; or
171	172		(2) the finding that the defendant has successfully
172	173		completed [equivalent] education as provided by Article 42A.4045.
173	174		SECTION 6. Articles 42A.4045(a) and (b), Code of Criminal
174	175		Procedure, are amended to read as follows:
175	176		(a) A judge shall waive the educational requirement under
176	177		Article 42A.403 or 42A.404 for a defendant who is required to
177	178		receive treatment as a resident of a substance abuse treatment
178	179		facility as a condition of community supervision if the defendant
179	180		successfully completes [equivalent] education while the defendant
180	181		is confined to the residential treatment facility.
181	182		(b) The Department of State Health Services shall approve
182	183		[equivalent] education provided at substance abuse treatment
183	184		facilities.
184	185		SECTION 7. Articles 42A.406(a) and (b-1), Code of Criminal
185	186		Procedure, are amended to read as follows:
186	187		(a) If a defendant is required as a condition of community
187	188		supervision to attend an educational program under Article 42A.403
188	189		or 42A.404, or if the court waives the educational program
189	190		requirement under Article 42A.403 or the defendant successfully
190	191		completes [equivalent] education under Article 42A.4045, the court
191	192		clerk shall immediately report that fact to the Department of
192	193		Public Safety, on a form prescribed by the department, for
193	194		inclusion in the defendant's driving record. If the court grants an
194	195		extension of time in which the defendant may complete the
195	196		educational program under Article 42A.403, the court clerk shall
196	197		immediately report that fact to the Department of Public Safety on a
197	198		form prescribed by the department. The clerk's report under this
198	199		subsection must include the beginning date of the defendant's
199	200		community supervision.
200	201		(b-1) Upon release from a residential treatment facility at
201	202		which the person successfully completed [equivalent] education
202	203		under Article 42A.4045, at the request of the court clerk, the
203	204		director of the residential treatment facility shall give notice to
204	205		the Department of Public Safety for inclusion in the person's
205	206		driving record.
206	207		SECTION 8. Article 42A.655, Code of Criminal Procedure, is
207	208		amended to read as follows:
208	209		Art. 42A.655. ABILITY TO PAY. (a) Notwithstanding any
209	210		other provision of this chapter, the [The] court shall inquire as to
210	211		whether the defendant has sufficient resources or income [consider
211	212		the defendant's ability] to pay before ordering the defendant to
212	213		make any payments under this chapter.
213	214		(b) For a defendant who is ordered to make payments under
214	215		this chapter, the court shall reconsider whether the defendant has
215	216		sufficient resources or income to pay:
216	217		(1) at any time the defendant's financial status or
217	218		required payments change in such a way that the defendant's ability
218	219		to make a payment previously ordered by the court is substantially
219	220		hindered; and
220	221		(2) at any hearing held under Article 42A.751(d).
221	222		(c) If the court determines that the defendant does not have
222	223		sufficient resources or income to make any payment ordered by the
223	224		court, including a payment required under Article 42A.652, the
224	225		judge shall determine whether all or a portion of the payment should
225	226		be:
226	227		(1) required to be paid at a later date or in a
227	228		specified portion at designated intervals;
228	229		(2) waived completely or partially under Article
229	230		43.091 or 45.0491;
230	231		(3) discharged by performing community service under
231	232		Article 42A.304 or 45.049, as applicable; or
232	233		(4) satisfied through any combination of methods under
233	234		Subdivisions (1)-(3).
234	235		SECTION 9. Article 42A.701, Code of Criminal Procedure, is
235	236		amended by amending Subsection (b) and adding Subsections (b-1) and
236	237		(d-1) to read as follows:
237	238		(b) On completion of one-half of the original community
238	239		supervision period or two years of community supervision, whichever
239	240		is more, the judge shall review the defendant's record and consider
240	241		whether to reduce or terminate the period of community supervision,
241	242		unless the defendant:
242	243		(1) is delinquent in paying required [costs, fines,
243	244		fees, or] restitution that the defendant has the ability to pay; or
244	245		(2) has not completed court-ordered counseling or
245	246		treatment.
246	247		(b-1) The supervision officer shall notify the court as soon
247	248		as practicable after the date a defendant who, at the time of the
248	249		review required by Subsection (b) was delinquent in paying
249	250		restitution or had not completed court-ordered counseling or
250	251		treatment, completes the remaining court-ordered counseling or
251	252		treatment and makes the delinquent restitution payments, as
252	253		applicable. On receipt of the notice the court shall review the
253	254		defendant's record and consider whether to reduce or terminate the
254	255		period of community supervision.
255	256		(d-1) If the judge does not reduce or terminate the
256	257		defendant's period of community supervision after a review
257	258		conducted under Subsection (b) or (b-1), the judge shall, as soon as
258	259		practicable after the 180th day after the date of the review but not
259	260		later than the 270th day after the date of the review and unless the
260	261		judge has already terminated the period of community supervision,
261	262		review the defendant's record and again consider whether to reduce
262	263		or terminate the period of community supervision in accordance with
263	264		Subsection (b).
264	265		SECTION 10. Articles 42A.702(a) and (d), Code of Criminal
265	266		Procedure, are amended to read as follows:
266	267		(a) This article applies only to a defendant who[:
267	268		[(1)] is granted community supervision, including
268	269		deferred adjudication community supervision, for an offense
269	270		punishable as a state jail felony or a felony of the third degree,
270	271		other than an offense:
271	272		(1) [(A)] included as a "reportable conviction or
272	273		adjudication" under Article 62.001(5);
273	274		(2) [(B) involving family violence as defined by
274	275		Section 71.004, Family Code;
275	276		[(C)] under Section 20.03 or 28.02, Penal Code;
276	277		or
277	278		(3) [(D)] under Chapter 49, Penal Code[;
278	279		[(2) is not delinquent in paying required costs,
279	280		fines, or fees; and
280	281		[(3) has fully satisfied any order to pay restitution
281	282		to a victim].
282	283		(d) A defendant is entitled to time credits toward the
283	284		completion of the defendant's period of community supervision for
284	285		the successful completion of treatment or rehabilitation programs
285	286		as follows:
286	287		(1) parenting class or parental responsibility
287	288		program: 30 days;
288	289		(2) anger management program: 30 days;
289	290		(3) life skills training program: 30 days;
290	291		(4) vocational, technical, or career education or
291	292		training program: 60 days; [and]
292	293		(5) alcohol or substance abuse counseling or
293	294		treatment: 90 days; and
294	295		(6) any other faith-based, volunteer, or
295	296		community-based program ordered or approved by the court: 30 days.
296	297		SECTION 11. (a) Except as provided by Subsection (b) of
297	298		this section, the change in law made by this Act to Chapter 42A,
298	299		Code of Criminal Procedure, applies to a person on community
299	300		supervision on or after the effective date of this Act, regardless
300	301		of whether the person was placed on community supervision before,
301	302		on, or after the effective date of this Act.
302	303		(b) Article 42A.702(d)(6), Code of Criminal Procedure, as
303	304		added by this Act, applies only to a person placed on community
304	305		supervision on or after the effective date of this Act.
305	306		SECTION 12. This Act takes effect September 1, 2019.