Texas 2019 - 86th Regular

Texas Senate Bill SB2188 Compare Versions

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

Old	New	Differences
1	1	86R14273 MAW-F
2	2	By: Whitmire S.B. No. 2188
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to community supervision.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 5.08, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 5.08. MEDIATION IN FAMILY VIOLENCE
12	12	CASES. Notwithstanding Article 26.13(g) or 42A.301(b)(12)
13	13	[42A.301(15)], in a criminal prosecution arising from family
14	14	violence, as that term is defined by Section 71.004, Family Code, a
15	15	court shall not refer or order the victim or the defendant involved
16	16	to mediation, dispute resolution, arbitration, or other similar
17	17	procedures.
18	18	SECTION 2. Article 42A.052(a), Code of Criminal Procedure,
19	19	is amended to read as follows:
20	20	(a) A judge who places a defendant on community supervision
21	21	may authorize the supervision officer supervising the defendant or
22	22	a magistrate appointed by the district courts in the county that
23	23	give preference to criminal cases to modify the conditions of
24	24	community supervision for the limited purposes [purpose] of:
25	25	(1) transferring the defendant to different programs
26	26	within the community supervision continuum of programs and
27	27	sanctions; or
28	28	(2) prioritizing the conditions ordered by the court
29	29	according to:
30	30	(A) the defendant's needs as determined by a risk
31	31	and needs assessment; and
32	32	(B) the defendant's progress under supervision.
33	33	SECTION 3. Articles 42A.301(b) and (c), Code of Criminal
34	34	Procedure, are amended to read as follows:
35	35	(b) Conditions of community supervision may include
36	36	conditions requiring the defendant to:
37	37	(1) commit no offense against the laws of this state or
38	38	of any other state or of the United States;
39	39	(2) [avoid injurious or vicious habits;
40	40	[(3)] avoid persons or places of disreputable or
41	41	harmful character to the extent indicated by the results of the
42	42	assessment conducted under Subsection (a) and the evaluation
43	43	conducted under Subsection (c) [, including any person, other than
44	44	a family member of the defendant, who is an active member of a
45	45	criminal street gang];
46	46	(3) [(4)] report to the supervision officer as
47	47	directed by the judge or supervision officer and obey all rules and
48	48	regulations of the community supervision and corrections
49	49	department;
50	50	(4) [(5)] permit the supervision officer to visit the
51	51	defendant at the defendant's home or elsewhere;
52	52	(5) [(6)] work faithfully at suitable employment to
53	53	the extent possible;
54	54	(6) [(7)] remain within a specified place;
55	55	(7) [(8)] pay in one or more amounts:
56	56	(A) the defendant's fine, if one is assessed; and
57	57	(B) all court costs, regardless of whether a fine
58	58	is assessed;
59	59	(8) [(9) support the defendant's dependents;
60	60	[(10) participate, for a period specified by the
61	61	judge, in any community-based program, including a community
62	62	service project under Article 42A.304;
63	63	[(11)] if the judge determines that the defendant has
64	64	financial resources that enable the defendant to offset in part or
65	65	in whole the costs of the legal services provided to the defendant
66	66	in accordance with Article 1.051(c) or (d), including any expenses
67	67	and costs, reimburse the county in which the prosecution was
68	68	instituted for the costs of the legal services in an amount that the
69	69	judge finds the defendant is able to pay, except that the defendant
70	70	may not be ordered to pay an amount that exceeds:
71	71	(A) the actual costs, including any expenses and
72	72	costs, paid by the county for the legal services provided by an
73	73	appointed attorney; or
74	74	(B) if the defendant was represented by a public
75	75	defender's office, the actual amount, including any expenses and
76	76	costs, that would have otherwise been paid to an appointed attorney
77	77	had the county not had a public defender's office;
78	78	(9) [(12)] if under custodial supervision in a
79	79	community corrections facility:
80	80	(A) remain under that supervision;
81	81	(B) obey all rules and regulations of the
82	82	facility; and
83	83	(C) pay a percentage of the defendant's income
84	84	to:
85	85	(i) the facility for room and board; and
86	86	(ii) the defendant's dependents for their
87	87	support during the period of custodial supervision;
88	88	(10) [(13)] submit to testing for alcohol or
89	89	controlled substances but only if:
90	90	(A) the judge determines, based on the results of
91	91	the assessment conducted under Subsection (a) and the evaluation
92	92	conducted under Subsection (c), that testing is necessary to
93	93	protect or restore the community or the victim or to punish,
94	94	rehabilitate, or reform the defendant; or
95	95	(B) the defendant's offense was related to drug
96	96	or alcohol abuse;
97	97	(11) [(14)] attend counseling sessions for substance
98	98	abusers or participate in substance abuse treatment services in a
99	99	program or facility approved or licensed by the Department of State
100	100	Health Services but only if:
101	101	(A) the judge determines, based on the results of
102	102	the assessment conducted under Subsection (a) and the evaluation
103	103	conducted under Subsection (c), that counseling or treatment is
104	104	necessary to protect or restore the community or the victim or to
105	105	punish, rehabilitate, or reform the defendant; or
106	106	(B) the defendant's offense was related to drug
107	107	or alcohol abuse;
108	108	(12) [(15)] with the consent of the victim of a
109	109	misdemeanor offense or of any offense under Title 7, Penal Code,
110	110	participate in victim-defendant mediation;
111	111	(13) [(16)] submit to electronic monitoring;
112	112	(14) [(17)] reimburse the compensation to victims of
113	113	crime fund for any amounts paid from that fund to or on behalf of a
114	114	victim, as defined by Article 56.32, of the offense or if no
115	115	reimbursement is required, make one payment to the compensation to
116	116	victims of crime fund in an amount not to exceed $50 if the offense
117	117	is a misdemeanor or not to exceed $100 if the offense is a felony;
118	118	(15) [(18)] reimburse a law enforcement agency for the
119	119	analysis, storage, or disposal of raw materials, controlled
120	120	substances, chemical precursors, drug paraphernalia, or other
121	121	materials seized in connection with the offense;
122	122	(16) [(19)] pay all or part of the reasonable and
123	123	necessary costs incurred by the victim for psychological counseling
124	124	made necessary by the offense or for counseling and education
125	125	relating to acquired immune deficiency syndrome or human
126	126	immunodeficiency virus made necessary by the offense;
127	127	(17) [(20)] make one payment in an amount not to
128	128	exceed $50 to a crime stoppers organization, as defined by Section
129	129	414.001, Government Code, and as certified by the Texas Crime
130	130	Stoppers Council;
131	131	(18) [(21)] submit a DNA sample to the Department of
132	132	Public Safety under Subchapter G, Chapter 411, Government Code, for
133	133	the purpose of creating a DNA record of the defendant;
134	134	[(22) in any manner required by the judge, provide in
135	135	the county in which the offense was committed public notice of the
136	136	offense for which the defendant was placed on community
137	137	supervision;] and
138	138	(19) [(23)] reimburse the county in which the
139	139	prosecution was instituted for compensation paid to any interpreter
140	140	in the case.
141	141	(c) Before the judge may require as a condition of community
142	142	supervision that the defendant submit to testing for alcohol or
143	143	controlled substances, attend counseling sessions for substance
144	144	abuse, or receive treatment in a state-funded substance abuse
145	145	treatment program, including an inpatient or outpatient program, a
146	146	substance abuse felony program under Article 42A.303, or a program
147	147	provided to the defendant while confined in a community corrections
148	148	facility as defined by Article 42A.601, the judge must consider the
149	149	results of an evaluation conducted to determine the appropriate
150	150	type and level of treatment necessary to address the defendant's
151	151	alcohol or drug dependency.
152	152	SECTION 4. Article 42A.303(e), Code of Criminal Procedure,
153	153	is amended to read as follows:
154	154	(e) The Department of State Health Services or the community
155	155	supervision and corrections department supervising the defendant
156	156	shall develop the continuum of care treatment plan described by
157	157	Subsection (d)(1).
158	158	SECTION 5. Articles 42A.403(d-1) and (e), Code of Criminal
159	159	Procedure, are amended to read as follows:
160	160	(d-1) The judge shall waive the educational program
161	161	requirement if the defendant successfully completes [equivalent]
162	162	education at a residential treatment facility under Article
163	163	42A.4045.
164	164	(e) The judge shall set out in the judgment, as applicable:
165	165	(1) the finding of good cause for waiver; or
166	166	(2) the finding that the defendant has successfully
167	167	completed [equivalent] education as provided by Article 42A.4045.
168	168	SECTION 6. Articles 42A.404(b-1) and (c), Code of Criminal
169	169	Procedure, are amended to read as follows:
170	170	(b-1) The judge shall waive the educational program
171	171	requirement if the defendant successfully completes [equivalent]
172	172	education at a residential treatment facility under Article
173	173	42A.4045.
174	174	(c) The judge shall set out in the judgment, as applicable:
175	175	(1) the finding of good cause for waiver; or
176	176	(2) the finding that the defendant has successfully
177	177	completed [equivalent] education as provided by Article 42A.4045.
178	178	SECTION 7. Articles 42A.4045(a) and (b), Code of Criminal
179	179	Procedure, are amended to read as follows:
180	180	(a) A judge shall waive the educational requirement under
181	181	Article 42A.403 or 42A.404 for a defendant who is required to
182	182	receive treatment as a resident of a substance abuse treatment
183	183	facility as a condition of community supervision if the defendant
184	184	successfully completes [equivalent] education while the defendant
185	185	is confined to the residential treatment facility.
186	186	(b) The Department of State Health Services shall approve
187	187	[equivalent] education provided at substance abuse treatment
188	188	facilities.
189	189	SECTION 8. Articles 42A.406(a) and (b-1), Code of Criminal
190	190	Procedure, are amended to read as follows:
191	191	(a) If a defendant is required as a condition of community
192	192	supervision to attend an educational program under Article 42A.403
193	193	or 42A.404, or if the court waives the educational program
194	194	requirement under Article 42A.403 or the defendant successfully
195	195	completes [equivalent] education under Article 42A.4045, the court
196	196	clerk shall immediately report that fact to the Department of
197	197	Public Safety, on a form prescribed by the department, for
198	198	inclusion in the defendant's driving record. If the court grants
199	199	an extension of time in which the defendant may complete the
200	200	educational program under Article 42A.403, the court clerk shall
201	201	immediately report that fact to the Department of Public Safety on a
202	202	form prescribed by the department. The clerk's report under this
203	203	subsection must include the beginning date of the defendant's
204	204	community supervision.
205	205	(b-1) Upon release from a residential treatment facility at
206	206	which the person successfully completed [equivalent] education
207	207	under Article 42A.4045, at the request of the court clerk, the
208	208	director of the residential treatment facility shall give notice to
209	209	the Department of Public Safety for inclusion in the person's
210	210	driving record.
211	211	SECTION 9. Articles 42A.651(a) and (c), Code of Criminal
212	212	Procedure, are amended to read as follows:
213	213	(a) A judge may not order a defendant to make a payment as a
214	214	term or condition of community supervision, except for:
215	215	(1) the payment of fines, court costs, or restitution
216	216	to the victim;
217	217	(2) reimbursement of a county as described by Article
218	218	42A.301(b)(8) [42A.301(11)]; or
219	219	(3) a payment ordered as a condition that relates
220	220	personally to the rehabilitation of the defendant or that is
221	221	otherwise expressly authorized by law.
222	222	(c) A judge may not impose a condition of community
223	223	supervision requiring a defendant to reimburse a county for the
224	224	costs of legal services as described by Article 42A.301(b)(8)
225	225	[42A.301(11)] if the defendant has already satisfied that
226	226	obligation under Article 26.05(g).
227	227	SECTION 10. Article 42A.655, Code of Criminal Procedure, is
228	228	amended to read as follows:
229	229	Art. 42A.655. ABILITY TO PAY. (a) Notwithstanding any
230	230	other provision of this chapter, the [The] court shall inquire as to
231	231	whether the defendant has sufficient resources or income [consider
232	232	the defendant's ability] to pay before ordering the defendant to
233	233	make any payments under this chapter.
234	234	(b) For a defendant who is ordered to make payments under
235	235	this chapter, the court shall reconsider whether the defendant has
236	236	sufficient resources or income to pay:
237	237	(1) at least annually or at any time the defendant's
238	238	financial status or required payments change in such a way that the
239	239	defendant's ability to make a payment previously ordered by the
240	240	court is substantially hindered; and
241	241	(2) at any hearing held under Article 42A.751(d).
242	242	(c) If the court determines that the defendant does not have
243	243	sufficient resources or income to make any payment ordered by the
244	244	court, including a payment required under Article 42A.652, the
245	245	judge shall determine whether all or a portion of the payment should
246	246	be:
247	247	(1) required to be paid at a later date or in a
248	248	specified portion at designated intervals;
249	249	(2) waived completely or partially under Article
250	250	43.091 or 45.0491;
251	251	(3) discharged by performing community service under
252	252	Article 42A.304 or 45.049, as applicable; or
253	253	(4) satisfied through any combination of methods under
254	254	Subdivisions (1)-(3).
255	255	SECTION 11. Article 42A.701, Code of Criminal Procedure, is
256	256	amended by amending Subsections (a), (b), and (d) and adding
257	257	Subsections (b-1) and (c-1) to read as follows:
258	258	(a) At any time after the defendant's time served on
259	259	community supervision plus time credits received under Article
260	260	42A.702 equals [defendant has satisfactorily completed] one-third
261	261	of the original community supervision period or two years [of
262	262	community supervision], whichever is less, the judge may reduce or
263	263	terminate the period of community supervision.
264	264	(b) Once a defendant's time served on community supervision
265	265	plus time credits received under Article 42A.702 equals [On
266	266	completion of] one-half of the original community supervision
267	267	period or two years [of community supervision], whichever is more,
268	268	the judge shall review the defendant's record and consider whether
269	269	to reduce or terminate the period of community supervision, unless
270	270	the defendant:
271	271	(1) is delinquent in paying required [costs, fines,
272	272	fees, or] restitution that the defendant has the ability to pay; or
273	273	(2) has not completed court-ordered counseling or
274	274	treatment.
275	275	(b-1) The supervision officer shall notify the court not
276	276	later than the 30th day after the date a defendant who at the time of
277	277	the review required by Subsection (b) was delinquent in paying
278	278	restitution or had not completed court-ordered counseling or
279	279	treatment, completes the remaining court-ordered counseling or
280	280	treatment and makes the delinquent restitution payments, as
281	281	applicable. The court shall review the defendant's record and
282	282	consider whether to reduce or terminate the period of community
283	283	supervision.
284	284	(c-1) If, at the time a court conducts a review of a
285	285	defendant's record under this article, the defendant has been
286	286	compliant with the terms of community supervision for the preceding
287	287	six months, the judge shall terminate the period of community
288	288	supervision and discharge the defendant, unless the judge makes a
289	289	finding that there is a substantial and compelling objective reason
290	290	to deny early termination. Substantial and compelling reasons are
291	291	limited to the following circumstances:
292	292	(1) the defendant has exhibited a pattern of behavior
293	293	while on community supervision indicating the defendant would be a
294	294	substantial risk to public safety, including major violations of
295	295	conditions of community supervision or additional criminal
296	296	convictions;
297	297	(2) there is verified objective evidence of
298	298	substantial risk of harm to a victim of the offense for which the
299	299	defendant is on community supervision;
300	300	(3) the defendant has threatened harm to another
301	301	person;
302	302	(4) the defendant is a suspect in an active criminal
303	303	investigation; or
304	304	(5) the defendant is the subject of a pending felony
305	305	charge.
306	306	(d) If the judge determines that the defendant has not been
307	307	compliant with the terms [failed to satisfactorily fulfill the
308	308	conditions] of community supervision for the preceding six months,
309	309	or if the judge makes a finding under Subsection (c-1)(1) or (2),
310	310	the judge shall advise the defendant in writing of the requirements
311	311	for satisfactorily fulfilling those conditions. As soon as
312	312	practicable after the 180th day after the date the judge advises the
313	313	defendant under this subsection, but not later than the 270th day
314	314	after that date, the judge shall review the defendant's record and
315	315	again consider whether to reduce or terminate the period of
316	316	community supervision.
317	317	SECTION 12. Articles 42A.702(a), (c), and (d), Code of
318	318	Criminal Procedure, are amended to read as follows:
319	319	(a) This article applies only to a defendant who[:
320	320	[(1)] is granted community supervision, including
321	321	deferred adjudication community supervision, for an offense
322	322	punishable as a state jail felony or a felony of the third degree,
323	323	other than an offense:
324	324	(1) [(A)] included as a "reportable conviction or
325	325	adjudication" under Article 62.001(5);
326	326	(2) [(B) involving family violence as defined by
327	327	Section 71.004, Family Code;
328	328	[(C)] under Section 20.03 or 28.02, Penal Code;
329	329	or
330	330	(3) [(D)] under Chapter 49, Penal Code[;
331	331	[(2) is not delinquent in paying required costs,
332	332	fines, or fees; and
333	333	[(3) has fully satisfied any order to pay restitution
334	334	to a victim].
335	335	(c) A defendant is entitled to time credits toward the
336	336	completion of the defendant's period of community supervision for
337	337	the full payment of court costs, fines, attorney's fees, and
338	338	restitution as follows:
339	339	(1) court costs: 60 [15] days;
340	340	(2) fines: 90 [30] days;
341	341	(3) attorney's fees: 90 [30] days; and
342	342	(4) restitution: 120 [60] days.
343	343	(d) A defendant is entitled to time credits toward the
344	344	completion of the defendant's period of community supervision for
345	345	the successful completion of treatment or rehabilitation programs
346	346	as follows:
347	347	(1) parenting class or parental responsibility
348	348	program: 90 [30] days;
349	349	(2) anger management program: 90 [30] days;
350	350	(3) life skills training program: 90 [30] days;
351	351	(4) vocational, technical, or career education or
352	352	training program: 120 [60] days; [and]
353	353	(5) alcohol or substance abuse counseling or
354	354	treatment: 120 [90] days; and
355	355	(6) any other faith-based, volunteer, or
356	356	community-based program ordered or approved by the court: 90 days.
357	357	SECTION 13. Article 42A.751(i), Code of Criminal Procedure,
358	358	is amended to read as follows:
359	359	(i) In a revocation hearing at which it is alleged only that
360	360	the defendant violated the conditions of community supervision by
361	361	failing to pay community supervision fees or court costs or by
362	362	failing to pay the costs of legal services as described by Article
363	363	42A.301(b)(8) [42A.301(11)], the state must prove by a
364	364	preponderance of the evidence that the defendant was able to pay and
365	365	did not pay as ordered by the judge.
366	366	SECTION 14. Section 103.021, Government Code, is amended to
367	367	read as follows:
368	368	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
369	369	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or
370	370	defendant, or a party to a civil suit, as applicable, shall pay the
371	371	following fees and costs under the Code of Criminal Procedure if
372	372	ordered by the court or otherwise required:
373	373	(1) a personal bond fee (Art. 17.42, Code of Criminal
374	374	Procedure) . . . the greater of $20 or three percent of the amount
375	375	of the bail fixed for the accused;
376	376	(2) cost of electronic monitoring as a condition of
377	377	release on personal bond (Art. 17.43, Code of Criminal Procedure)
378	378	. . . actual cost;
379	379	(3) a fee for verification of and monitoring of motor
380	380	vehicle ignition interlock (Art. 17.441, Code of Criminal
381	381	Procedure) . . . not to exceed $10;
382	382	(3-a) costs associated with operating a global
383	383	positioning monitoring system as a condition of release on bond
384	384	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
385	385	subject to a determination of indigency;
386	386	(3-b) costs associated with providing a defendant's
387	387	victim with an electronic receptor device as a condition of the
388	388	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
389	389	Procedure) . . . actual costs, subject to a determination of
390	390	indigency;
391	391	(4) repayment of reward paid by a crime stoppers
392	392	organization on conviction of a felony (Art. 37.073, Code of
393	393	Criminal Procedure) . . . amount ordered;
394	394	(5) reimbursement to general revenue fund for payments
395	395	made to victim of an offense as condition of community supervision
396	396	(Art. 42A.301(b)(14) [42A.301(17)], Code of Criminal Procedure)
397	397	. . . not to exceed $50 for a misdemeanor offense or $100 for a
398	398	felony offense;
399	399	(6) payment to a crime stoppers organization as
400	400	condition of community supervision (Art. 42A.301(b)(17)
401	401	[42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
402	402	(7) children's advocacy center fee (Art. 42A.455, Code
403	403	of Criminal Procedure) . . . not to exceed $50;
404	404	(8) family violence center fee (Art. 42A.504(b), Code
405	405	of Criminal Procedure) . . . $100;
406	406	(9) community supervision fee (Art. 42A.652(a), Code
407	407	of Criminal Procedure) . . . not less than $25 or more than $60 per
408	408	month;
409	409	(10) additional community supervision fee for certain
410	410	offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
411	411	month;
412	412	(11) for certain financially able sex offenders as a
413	413	condition of community supervision, the costs of treatment,
414	414	specialized supervision, or rehabilitation (Art. 42A.452, Code of
415	415	Criminal Procedure) . . . all or part of the reasonable and
416	416	necessary costs of the treatment, supervision, or rehabilitation as
417	417	determined by the judge;
418	418	(12) fee for failure to appear for trial in a justice
419	419	or municipal court if a jury trial is not waived (Art. 45.026, Code
420	420	of Criminal Procedure) . . . costs incurred for impaneling the
421	421	jury;
422	422	(13) costs of certain testing, assessments, or
423	423	programs during a deferral period (Art. 45.051, Code of Criminal
424	424	Procedure) . . . amount ordered;
425	425	(14) special expense on dismissal of certain
426	426	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
427	427	. . . not to exceed amount of fine assessed;
428	428	(15) an additional fee:
429	429	(A) for a copy of the defendant's driving record
430	430	to be requested from the Department of Public Safety by the judge
431	431	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
432	432	to the sum of the fee established by Section 521.048,
433	433	Transportation Code, and the state electronic Internet portal fee;
434	434	(B) as an administrative fee for requesting a
435	435	driving safety course or a course under the motorcycle operator
436	436	training and safety program for certain traffic offenses to cover
437	437	the cost of administering the article (Art. 45.0511(f)(1), Code of
438	438	Criminal Procedure) . . . not to exceed $10; or
439	439	(C) for requesting a driving safety course or a
440	440	course under the motorcycle operator training and safety program
441	441	before the final disposition of the case (Art. 45.0511(f)(2), Code
442	442	of Criminal Procedure) . . . not to exceed the maximum amount of the
443	443	fine for the offense committed by the defendant;
444	444	(16) a request fee for teen court program (Art.
445	445	45.052, Code of Criminal Procedure) . . . $20, if the court
446	446	ordering the fee is located in the Texas-Louisiana border region,
447	447	but otherwise not to exceed $10;
448	448	(17) a fee to cover costs of required duties of teen
449	449	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
450	450	court ordering the fee is located in the Texas-Louisiana border
451	451	region, but otherwise $10;
452	452	(18) a mileage fee for officer performing certain
453	453	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
454	454	mile;
455	455	(19) certified mailing of notice of hearing date (Art.
456	456	102.006, Code of Criminal Procedure) . . . $1, plus postage;
457	457	(20) certified mailing of certified copies of an order
458	458	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
459	459	plus postage;
460	460	(20-a) a fee to defray the cost of notifying state
461	461	agencies of orders of expungement (Art. 45.0216, Code of Criminal
462	462	Procedure) . . . $30 per application;
463	463	(21) sight orders:
464	464	(A) if the face amount of the check or sight order
465	465	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
466	466	. . . not to exceed $10;
467	467	(B) if the face amount of the check or sight order
468	468	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
469	469	Criminal Procedure) . . . not to exceed $15;
470	470	(C) if the face amount of the check or sight order
471	471	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
472	472	Criminal Procedure) . . . not to exceed $30;
473	473	(D) if the face amount of the check or sight order
474	474	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
475	475	Criminal Procedure) . . . not to exceed $50; and
476	476	(E) if the face amount of the check or sight order
477	477	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
478	478	. . . not to exceed $75;
479	479	(22) fees for a pretrial intervention program:
480	480	(A) a supervision fee (Art. 102.012(a), Code of
481	481	Criminal Procedure) . . . $60 a month plus expenses; and
482	482	(B) a district attorney, criminal district
483	483	attorney, or county attorney administrative fee (Art. 102.0121,
484	484	Code of Criminal Procedure) . . . not to exceed $500;
485	485	(23) parking fee violations for child safety fund in
486	486	municipalities with populations:
487	487	(A) greater than 850,000 (Art. 102.014, Code of
488	488	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
489	489	(B) less than 850,000 (Art. 102.014, Code of
490	490	Criminal Procedure) . . . not to exceed $5;
491	491	(24) an administrative fee for collection of fines,
492	492	fees, restitution, or other costs (Art. 102.072, Code of Criminal
493	493	Procedure) . . . not to exceed $2 for each transaction;
494	494	(25) a collection fee, if authorized by the
495	495	commissioners court of a county or the governing body of a
496	496	municipality, for certain debts and accounts receivable, including
497	497	unpaid fines, fees, court costs, forfeited bonds, and restitution
498	498	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
499	499	percent of an amount more than 60 days past due; and
500	500	(26) a cost on conviction for the truancy prevention
501	501	and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
502	502	$2.
503	503	SECTION 15. Section 509.011(e), Government Code, is amended
504	504	to read as follows:
505	505	(e) In establishing per diem payments authorized by
506	506	Subsections (a)(1) and (a)(2), the division shall consider the
507	507	amounts appropriated in the General Appropriations Act for basic
508	508	supervision as sufficient to provide basic supervision in each year
509	509	of the fiscal biennium. For purposes of funding distributed for a
510	510	defendant described by Subsection (a)(1), the division shall adopt
511	511	provisions to award additional per capita funding based on each
512	512	felony defendant supervised by a department who receives a
513	513	discharge following:
514	514	(1) the successful completion of the period of
515	515	community supervision; or
516	516	(2) an early termination of community supervision
517	517	under Article 42A.111 or 42A.701, Code of Criminal Procedure, as
518	518	applicable.
519	519	SECTION 16. To the extent of any conflict, this Act prevails
520	520	over another Act of the 86th Legislature, Regular Session, 2019,
521	521	relating to nonsubstantive additions to and corrections in enacted
522	522	codes.
523	523	SECTION 17. Section 509.011, Government Code, as amended by
524	524	this Act, applies only to a payment based on an appropriation made
525	525	for any state fiscal year beginning on or after September 1, 2020.
526	526	SECTION 18. (a) Except as provided by Subsection (b) of
527	527	this section, the change in law made by this Act to Chapter 42A,
528	528	Code of Criminal Procedure, applies to a person on community
529	529	supervision on or after the effective date of this Act, regardless
530	530	of whether the person was placed on community supervision before,
531	531	on, or after the effective date of this Act.
532	532	(b) The change in law made by this Act to the amount of a
533	533	time credit to which a defendant is entitled under Article
534	534	42A.702(d), Code of Criminal Procedure, for successfully
535	535	completing a treatment or rehabilitation program described by that
536	536	article, applies only to a program that is completed on or after the
537	537	effective date of this Act, regardless of whether the program began
538	538	before, on, or after the effective date of this Act. The amount of a
539	539	time credit for a program that was completed before the effective
540	540	date of this Act is governed by the law in effect on the date the
541	541	program was completed, and the former law is continued in effect for
542	542	that purpose.
543	543	SECTION 19. This Act takes effect September 1, 2019.