Texas 2021 - 87th Regular

Texas House Bill HB2784 Compare Versions

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

Old	New	Differences
1	1	87R1492 MAW-D
2	2	By: González of Dallas H.B. No. 2784
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a defendant's payment of costs associated with a
8	8	court-appointed counsel.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 26.05(g-1)(1), Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(1) This subsection applies only to a defendant who:
13	13	(A) at the time of sentencing to confinement or
14	14	placement on community supervision, including deferred
15	15	adjudication community supervision, did not have the financial
16	16	resources to pay the maximum amount described by Subsection (g)(1)
17	17	or (2), as applicable, for legal services provided to the
18	18	defendant; or
19	19	(B) is subject to an order under Subsection (g-2)
20	20	to pay a reduced amount for legal services provided to the
21	21	defendant, regardless of the amount of financial resources
22	22	available to the defendant at the time the defendant was sentenced
23	23	to confinement or placed on community supervision.
24	24	SECTION 2. Article 26.05, Code of Criminal Procedure, is
25	25	amended by adding Subsections (g-2), (g-3), (g-4), and (g-5) to
26	26	read as follows:
27	27	(g-2)(1) At any time during the sentence of confinement or
28	28	period of community supervision of a defendant who has been ordered
29	29	under Subsection (g) or (g-1) to pay in part or in whole the costs of
30	30	legal services provided to the defendant, the judge shall, on
31	31	written request of the defendant, provide the defendant with the
32	32	opportunity to present evidence that the defendant no longer has
33	33	the financial resources to pay the amount ordered. If the judge
34	34	determines that the defendant is indigent or demonstrates an
35	35	inability to pay the amount ordered, the judge shall amend the
36	36	applicable order to require the defendant to pay a reduced amount,
37	37	if any, based on the defendant's ability to pay.
38	38	(2) The judge may, on the judge's own motion, amend the
39	39	applicable order as provided by Subdivision (1) on making the
40	40	determination required by that subdivision.
41	41	(g-3) In making a determination under Subsection (g-1) or
42	42	(g-2), the judge may only consider the information a court or
43	43	courts' designee is authorized to consider in making an indigency
44	44	determination under Article 26.04(m).
45	45	(g-4) The jurisdiction of the judge to enter an order under
46	46	Subsection (g-1) or (g-2) continues until the defendant has
47	47	discharged the sentence or completed the period of community
48	48	supervision.
49	49	(g-5) Notwithstanding any other law, the judge may not
50	50	revoke or extend the defendant's period of community supervision
51	51	solely to collect the amount the defendant has been ordered to pay
52	52	under Subsection (g-1) or (g-2).
53	53	SECTION 3. Articles 26.05(g-1)(3), (4), and (5), Code of
54	54	Criminal Procedure, are repealed.
55	55	SECTION 4. The change in law made by this Act applies to a
56	56	defendant who, on or after the effective date of this Act, is
57	57	serving a sentence of confinement or is on community supervision,
58	58	including deferred adjudication community supervision, regardless
59	59	of whether the defendant was sentenced to confinement or placed on
60	60	community supervision before, on, or after the effective date of
61	61	this Act.
62	62	SECTION 5. This Act takes effect September 1, 2021.