87R1492 MAW-D
By: González of Dallas H.B. No. 2784
A BILL TO BE ENTITLED
AN ACT
relating to a defendant's payment of costs associated with a
court-appointed counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.05(g-1)(1), Code of Criminal
Procedure, is amended to read as follows:
(1) This subsection applies only to a defendant who:
(A) at the time of sentencing to confinement or
placement on community supervision, including deferred
adjudication community supervision, did not have the financial
resources to pay the maximum amount described by Subsection (g)(1)
or (2), as applicable, for legal services provided to the
defendant; or
(B) is subject to an order under Subsection (g-2)
to pay a reduced amount for legal services provided to the
defendant, regardless of the amount of financial resources
available to the defendant at the time the defendant was sentenced
to confinement or placed on community supervision.
SECTION 2. Article 26.05, Code of Criminal Procedure, is
amended by adding Subsections (g-2), (g-3), (g-4), and (g-5) to
read as follows:
(g-2)(1) At any time during the sentence of confinement or
period of community supervision of a defendant who has been ordered
under Subsection (g) or (g-1) to pay in part or in whole the costs of
legal services provided to the defendant, the judge shall, on
written request of the defendant, provide the defendant with the
opportunity to present evidence that the defendant no longer has
the financial resources to pay the amount ordered. If the judge
determines that the defendant is indigent or demonstrates an
inability to pay the amount ordered, the judge shall amend the
applicable order to require the defendant to pay a reduced amount,
if any, based on the defendant's ability to pay.
(2) The judge may, on the judge's own motion, amend the
applicable order as provided by Subdivision (1) on making the
determination required by that subdivision.
(g-3) In making a determination under Subsection (g-1) or
(g-2), the judge may only consider the information a court or
courts' designee is authorized to consider in making an indigency
determination under Article 26.04(m).
(g-4) The jurisdiction of the judge to enter an order under
Subsection (g-1) or (g-2) continues until the defendant has
discharged the sentence or completed the period of community
supervision.
(g-5) Notwithstanding any other law, the judge may not
revoke or extend the defendant's period of community supervision
solely to collect the amount the defendant has been ordered to pay
under Subsection (g-1) or (g-2).
SECTION 3. Articles 26.05(g-1)(3), (4), and (5), Code of
Criminal Procedure, are repealed.
SECTION 4. The change in law made by this Act applies to a
defendant who, on or after the effective date of this Act, is
serving a sentence of confinement or is on community supervision,
including deferred adjudication community supervision, regardless
of whether the defendant was sentenced to confinement or placed on
community supervision before, on, or after the effective date of
this Act.
SECTION 5. This Act takes effect September 1, 2021.