Texas 2021 - 87th Regular

Texas House Bill HB385 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 385
	1	+	By: Pacheco, et al. (Senate Sponsor - Hughes) H.B. No. 385
	2	+	(In the Senate - Received from the House May 3, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 4, Nays 3; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to conditions of community supervision and procedures
6	12		applicable to the reduction or termination of a defendant's period
7	13		of community supervision.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Article 42A.052(a), Code of Criminal Procedure,
10	16		is amended to read as follows:
11	17		(a) A judge who places a defendant on community supervision
12	18		may authorize the supervision officer supervising the defendant or
13	19		a magistrate appointed by the district courts in the county that
14	20		give preference to criminal cases to modify the conditions of
15	21		community supervision for the limited purposes [purpose] of:
16	22		(1) transferring the defendant to different programs
17	23		within the community supervision continuum of programs and
18	24		sanctions; or
19	25		(2) prioritizing the conditions ordered by the court
20		-	according to the defendant's progress under supervision.
	26	+	according to:
	27	+	(A) the defendant's needs as determined by a risk
	28	+	and needs assessment; and
	29	+	(B) the defendant's progress under supervision.
21	30		SECTION 2. Article 42A.301(b), Code of Criminal Procedure,
22	31		is amended to read as follows:
23	32		(b) Conditions of community supervision may include
24	33		conditions requiring the defendant to:
25	34		(1) commit no offense against the laws of this state or
26	35		of any other state or of the United States;
27	36		(2) avoid injurious or vicious habits;
28	37		(3) [avoid persons or places of disreputable or
29	38		harmful character, including any person, other than a family member
30	39		of the defendant, who is an active member of a criminal street gang;
31	40		[(4)] report to the supervision officer as directed by
32	41		the judge or supervision officer and obey all rules and regulations
33	42		of the community supervision and corrections department;
34	43		(4) [(5)] permit the supervision officer to visit the
35	44		defendant at the defendant's home or elsewhere;
36	45		(5) [(6)] work faithfully at suitable employment to
37	46		the extent possible;
38	47		(6) [(7)] remain within a specified place;
39	48		(7) [(8)] pay in one or more amounts:
40	49		(A) the defendant's fine, if one is assessed; and
41	50		(B) all court costs, regardless of whether a fine
42	51		is assessed;
43	52		(8) [(9)] support the defendant's dependents;
44	53		(9) [(10)] participate, for a period specified by the
45	54		judge, in any community-based program, including a community
46	55		service project under Article 42A.304;
47	56		(10) [(11)] if the judge determines that the defendant
48	57		has financial resources that enable the defendant to offset in part
49	58		or in whole the costs of the legal services provided to the
50	59		defendant in accordance with Article 1.051(c) or (d), including any
51	60		expenses and costs, reimburse the county in which the prosecution
52	61		was instituted for the costs of the legal services in an amount that
53	62		the judge finds the defendant is able to pay, except that the
54	63		defendant may not be ordered to pay an amount that exceeds:
55	64		(A) the actual costs, including any expenses and
56	65		costs, paid by the county for the legal services provided by an
57	66		appointed attorney; or
58	67		(B) if the defendant was represented by a public
59	68		defender's office, the actual amount, including any expenses and
60	69		costs, that would have otherwise been paid to an appointed attorney
61	70		had the county not had a public defender's office;
62	71		(11) [(12)] if under custodial supervision in a
63	72		community corrections facility:
64	73		(A) remain under that supervision;
65	74		(B) obey all rules and regulations of the
66	75		facility; and
67	76		(C) pay a percentage of the defendant's income to
68	77		the facility for room and board;
69	78		(12) [(13)] submit to testing for alcohol or
70	79		controlled substances;
71	80		(13) [(14)] attend counseling sessions for substance
72	81		abusers or participate in substance abuse treatment services in a
73	82		program or facility approved or licensed by the Department of State
74		-	Health Services;
	83	+	Health Services, provided that, notwithstanding Subsection (a) or
	84	+	any other law, a judge may only require a defendant to attend
	85	+	counseling sessions or participate in treatment if:
	86	+	(A) the results of an evaluation that is designed
	87	+	to determine the appropriate type and level of treatment necessary
	88	+	to address the defendant's alcohol or drug dependency indicate that
	89	+	counseling or treatment is necessary to protect or restore the
	90	+	community or the victim and to rehabilitate the defendant; or
	91	+	(B) the defendant's use, manufacture,
	92	+	possession, or delivery of a controlled substance or alcohol was an
	93	+	element of the offense for which the defendant was placed on
	94	+	community supervision;
75	95		(14) [(15)] with the consent of the victim of a
76	96		misdemeanor offense or of any offense under Title 7, Penal Code,
77	97		participate in victim-defendant mediation;
78	98		(15) [(16)] submit to electronic monitoring;
79	99		(16) [(17)] reimburse the compensation to victims of
80	100		crime fund for any amounts paid from that fund to or on behalf of a
81	101		victim, as defined by Article 56B.003, of the offense or if no
82	102		reimbursement is required, make one payment to the compensation to
83	103		victims of crime fund in an amount not to exceed $50 if the offense
84	104		is a misdemeanor or not to exceed $100 if the offense is a felony;
85	105		(17) [(18)] reimburse a law enforcement agency for the
86	106		analysis, storage, or disposal of raw materials, controlled
87	107		substances, chemical precursors, drug paraphernalia, or other
88	108		materials seized in connection with the offense;
89	109		(18) [(19)] reimburse all or part of the reasonable
90	110		and necessary costs incurred by the victim for psychological
91	111		counseling made necessary by the offense or for counseling and
92	112		education relating to acquired immune deficiency syndrome or human
93	113		immunodeficiency virus made necessary by the offense;
94	114		(19) [(20)] pay a fine in an amount not to exceed $50
95	115		to a crime stoppers organization, as defined by Section 414.001,
96	116		Government Code, and as certified by the Texas Crime Stoppers
97	117		Council;
98	118		(20) [(21)] submit a DNA sample to the Department of
99	119		Public Safety under Subchapter G, Chapter 411, Government Code, for
100	120		the purpose of creating a DNA record of the defendant; and
101	121		(21) [(22)] in any manner required by the judge,
102	122		provide in the county in which the offense was committed public
103	123		notice of the offense for which the defendant was placed on
104	124		community supervision.
105	125		SECTION 3. Article 42A.303(e), Code of Criminal Procedure,
106	126		is amended to read as follows:
107	127		(e) The Department of State Health Services or the community
108	128		supervision and corrections department supervising the defendant
109	129		shall develop the continuum of care treatment plan described by
110	130		Subsection (d)(1).
111	131		SECTION 4. Articles 42A.403(d-1) and (e), Code of Criminal
112	132		Procedure, are amended to read as follows:
113	133		(d-1) The judge shall waive the educational program
114	134		requirement if the defendant successfully completes [equivalent]
115	135		education at a residential treatment facility under Article
116	136		42A.4045.
117	137		(e) The judge shall set out in the judgment, as applicable:
118	138		(1) the finding of good cause for waiver; or
119	139		(2) the finding that the defendant has successfully
120	140		completed [equivalent] education as provided by Article 42A.4045.
121	141		SECTION 5. Articles 42A.404(b-1) and (c), Code of Criminal
122	142		Procedure, are amended to read as follows:
123	143		(b-1) The judge shall waive the educational program
124	144		requirement if the defendant successfully completes [equivalent]
125	145		education at a residential treatment facility under Article
126	146		42A.4045.
127	147		(c) The judge shall set out in the judgment, as applicable:
128	148		(1) the finding of good cause for waiver; or
129	149		(2) the finding that the defendant has successfully
130	150		completed [equivalent] education as provided by Article 42A.4045.
131	151		SECTION 6. Articles 42A.4045(a) and (b), Code of Criminal
132	152		Procedure, are amended to read as follows:
133	153		(a) A judge shall waive the educational requirement under
134	154		Article 42A.403 or 42A.404 for a defendant who is required to
135	155		receive treatment as a resident of a substance abuse treatment
136	156		facility as a condition of community supervision if the defendant
137	157		successfully completes [equivalent] education while the defendant
138	158		is confined to the residential treatment facility.
139	159		(b) The Department of State Health Services shall approve
140	160		[equivalent] education provided at substance abuse treatment
141	161		facilities.
142	162		SECTION 7. Articles 42A.406(a) and (b-1), Code of Criminal
143	163		Procedure, are amended to read as follows:
144	164		(a) If a defendant is required as a condition of community
145	165		supervision to attend an educational program under Article 42A.403
146	166		or 42A.404, or if the court waives the educational program
147	167		requirement under Article 42A.403 or the defendant successfully
148	168		completes [equivalent] education under Article 42A.4045, the court
149	169		clerk shall immediately report that fact to the Department of
150	170		Public Safety, on a form prescribed by the department, for
151	171		inclusion in the defendant's driving record. If the court grants an
152	172		extension of time in which the defendant may complete the
153	173		educational program under Article 42A.403, the court clerk shall
154	174		immediately report that fact to the Department of Public Safety on a
155	175		form prescribed by the department. The clerk's report under this
156	176		subsection must include the beginning date of the defendant's
157	177		community supervision.
158	178		(b-1) Upon release from a residential treatment facility at
159	179		which the person successfully completed [equivalent] education
160	180		under Article 42A.4045, at the request of the court clerk, the
161	181		director of the residential treatment facility shall give notice to
162	182		the Department of Public Safety for inclusion in the person's
163	183		driving record.
164	184		SECTION 8. Article 42A.655, Code of Criminal Procedure, is
165	185		amended to read as follows:
166	186		Art. 42A.655. ABILITY TO PAY. (a) The court shall consider
167	187		the defendant's ability to pay before ordering the defendant to
168	188		make any payments under this chapter.
169	189		(b) Notwithstanding any other law and subject to Subsection
170	190		(c), the court shall consider whether the defendant has sufficient
171	191		resources or income to make any payments under this chapter,
172	192		excluding restitution but including any fee, fine, reimbursement
173	193		cost, court cost, rehabilitation cost, program cost, service cost,
174	194		counseling cost, ignition interlock cost, assessment cost, testing
175	195		cost, education cost, treatment cost, payment required under
176	196		Article 42A.652, or any other payment or cost authorized or
177	197		required under this chapter. The court shall consider under this
178	198		subsection whether a defendant has sufficient resources or income:
179	199		(1) before or immediately after placing the defendant
180	200		on community supervision, including deferred adjudication
181	201		community supervision; and
182	202		(2) during the period of community supervision, before
183	203		or immediately after the court orders or requires the defendant to
184	204		make any payments under this chapter.
185	205		(c) Subsection (b) does not apply to consideration of a
186	206		defendant's ability to pay restitution.
187	207		(d) Notwithstanding any other law, if a defendant is ordered
188	208		to make a payment included under Subsection (b), the court shall
189	209		reconsider whether the defendant has sufficient resources or income
190	210		to make the payment at any hearing held under Article 42A.751(d).
191	211		(e) A defendant who is ordered to make a payment included
192	212		under Subsection (b) may, at any time during the defendant's period
193	213		of community supervision, including deferred adjudication
194	214		community supervision, but not more than once in any six-month
195	215		period unless the defendant shows a substantial and compelling
196	216		reason for making an additional request during that period, file a
197	217		written statement with the clerk of the court requesting
198	218		reconsideration of the defendant's ability to make the payment and
199	219		requesting that the payment be satisfied by an alternative method
200	220		provided under Subsection (f). On receipt of the statement, the
201	221		court shall consider whether the defendant's financial status or
202	222		required payments have changed in such a way that the defendant's
203	223		ability to make a payment previously ordered by the court is
204	224		substantially hindered. If after conducting a review under this
205	225		subsection the court finds that the defendant's ability to make a
206	226		payment previously ordered by the court is substantially hindered,
207	227		the court shall determine whether all or a portion of the payment
208	228		should be satisfied by an alternative method provided under
209	229		Subsection (f). The court shall notify the defendant and the
210	230		attorney representing the state of the court's decision regarding
211	231		whether to allow all or a portion of the payment to be satisfied by
212	232		an alternative method.
213	233		(f) Notwithstanding any other law, if the court determines
214	234		under this article at any time during a defendant's period of
215	235		community supervision, including deferred adjudication community
216	236		supervision, that the defendant does not have sufficient resources
217	237		or income to make a payment included under Subsection (b), the court
218	238		shall determine whether all or a portion of the payment should be:
219	239		(1) required to be paid at a later date or in a
220	240		specified portion at designated intervals;
221	241		(2) waived completely or partially under Article
222	242		43.091 or 45.0491;
223	243		(3) discharged by performing community service under
224	244		Article 42A.304 or 45.049, as applicable; or
225	245		(4) satisfied through any combination of methods under
226	246		Subdivisions (1)-(3).
227		-	(g) In making a determination under Subsection (f), a court
228		-	may waive completely or partially a payment required under Article
229		-	42A.652 only if, after waiving all other applicable payments
230		-	included under Subsection (b), the court determines that the
231		-	defendant does not have sufficient resources or income to make the
232		-	payment.
233		-	(h) The Office of Court Administration of the Texas Judicial
	247	+	(g) The Office of Court Administration of the Texas Judicial
234	248		System shall adopt a standardized form that a defendant may use to
235	249		make a request under Subsection (e) for the reconsideration of the
236	250		defendant's ability to pay. The form must include:
237	251		(1) detailed and clear instructions for how to fill
238	252		out the form and submit a request to the court; and
239	253		(2) the following statement at the top of the form, in
240	254		bold type and in any language in which the form is produced:
241	255		"If at any time while you are on community supervision your ability
242	256		to pay any fine, fee, program cost, or other payment ordered by the
243	257		court, other than restitution, changes and you cannot afford to
244	258		pay, you have the right to request that the court review your
245	259		payments and consider changing or waiving your payments. You can
246	260		use this form to make a request for a change in your payments. You
247	261		cannot use this form to request a change in restitution payments."
248		-	(i) A supervision officer or the court shall promptly
249		-	provide a defendant a copy of the form adopted under Subsection (h)
	262	+	(h) A supervision officer or the court shall promptly
	263	+	provide a defendant a copy of the form adopted under Subsection (g)
250	264		on the defendant's request for the form.
251		-	(j) This subsection applies only to a defendant whose
	265	+	(i) This subsection applies only to a defendant whose
252	266		payments are wholly or partly waived under this article. At any
253	267		time during the defendant's period of community supervision,
254	268		including deferred adjudication community supervision, the court,
255	269		on the court's own motion or by motion of the attorney representing
256	270		the state, may reconsider the waiver of the payment. After
257	271		providing written notice to the defendant and an opportunity for
258	272		the defendant to present information relevant to the defendant's
259	273		ability to pay, the court may order the defendant to pay all or part
260	274		of the waived amount of the payment only if the court determines
261	275		that the defendant has sufficient resources or income to pay the
262	276		amount.
263	277		SECTION 9. Article 42A.701, Code of Criminal Procedure, is
264	278		amended by amending Subsection (b) and adding Subsections (b-1),
265	279		(b-2), and (d-1) to read as follows:
266	280		(b) On completion of one-half of the original community
267	281		supervision period or two years of community supervision, whichever
268	282		is more, the judge shall review the defendant's record and consider
269	283		whether to reduce or terminate the period of community supervision,
270	284		unless the defendant:
271	285		(1) is delinquent in paying required [costs, fines,
272	286		fees, or] restitution that the defendant has the ability to pay; or
273	287		(2) has not completed court-ordered counseling or
274	288		treatment.
275	289		(b-1) The supervision officer shall notify the judge as soon
276	290		as practicable after the date a defendant, who at the time of the
277	291		review required by Subsection (b) was delinquent in paying
278	292		restitution or had not completed court-ordered counseling or
279	293		treatment, completes the remaining court-ordered counseling or
280	294		treatment and makes the delinquent restitution payments, as
281	295		applicable, and is otherwise compliant with the conditions of
282	296		community supervision. On receipt of the notice the judge shall
283	297		review the defendant's record and consider whether to reduce or
284	298		terminate the period of community supervision.
285	299		(b-2) Following a review conducted under Subsection (b) or
286	300		(b-1), the judge may reduce or terminate the period of community
287	301		supervision or decide not to reduce or terminate the period of
288	302		community supervision. In making the determination, the judge may
289	303		consider any factors the judge considers relevant, including
290	304		whether the defendant is delinquent in paying court-ordered costs,
291	305		fines, or fees that the defendant has the ability to pay as provided
292	306		by Article 42A.655.
293	307		(d-1) If the judge does not terminate the defendant's period
294	308		of community supervision after conducting a review under this
295	309		article:
296	310		(1) the judge shall promptly advise the defendant's
297	311		supervision officer of the reasons the judge did not terminate the
298	312		defendant's period of community supervision; and
299	313		(2) the supervision officer shall promptly advise the
300	314		defendant in writing of the reasons provided under Subdivision (1).
301	315		SECTION 10. Articles 42A.702(a) and (d), Code of Criminal
302	316		Procedure, are amended to read as follows:
303	317		(a) This article applies only to a defendant who:
304	318		(1) is granted community supervision, including
305	319		deferred adjudication community supervision, for an offense
306	320		punishable as a state jail felony or a felony of the third degree,
307	321		other than an offense:
308	322		(A) included as a "reportable conviction or
309	323		adjudication" under Article 62.001(5);
310	324		(B) involving family violence as defined by
311	325		Section 71.004, Family Code;
312	326		(C) under Section 20.03 or 28.02, Penal Code; or
313	327		(D) under Chapter 49, Penal Code; and
314	328		(2) [is not delinquent in paying required costs,
315	329		fines, or fees; and
316	330		[(3)] has fully satisfied any order to pay restitution
317	331		to a victim.
318	332		(d) A defendant is entitled to time credits toward the
319	333		completion of the defendant's period of community supervision for
320	334		the successful completion of treatment or rehabilitation programs
321	335		as follows:
322	336		(1) parenting class or parental responsibility
323	337		program: 30 days;
324	338		(2) anger management program: 30 days;
325	339		(3) life skills training program: 30 days;
326	340		(4) vocational, technical, or career education or
327	341		training program: 60 days; [and]
328	342		(5) alcohol or substance abuse counseling or
329	343		treatment: 90 days; and
330	344		(6) any other faith-based, volunteer, or
331	345		community-based program ordered or approved by the court: 30 days.
332	346		SECTION 11. Not later than January 1, 2022, the Office of
333	347		Court Administration of the Texas Judicial System shall adopt the
334		-	form required by Article 42A.655(h), Code of Criminal Procedure, as
	348	+	form required by Article 42A.655(g), Code of Criminal Procedure, as
335	349		added by this Act.
336	350		SECTION 12. (a) Except as provided by Subsection (b) of
337	351		this section, the change in law made by this Act to Chapter 42A,
338	352		Code of Criminal Procedure, applies to a person on community
339	353		supervision on or after the effective date of this Act, regardless
340	354		of whether the person was placed on community supervision before,
341	355		on, or after the effective date of this Act.
342	356		(b) Article 42A.702(d)(6), Code of Criminal Procedure, as
343	357		added by this Act, applies only to a person placed on community
344	358		supervision on or after the effective date of this Act.
345	359		SECTION 13. This Act takes effect September 1, 2021.
346		-	______________________________ ______________________________
347		-	President of the Senate Speaker of the House
348		-	I certify that H.B. No. 385 was passed by the House on April
349		-	30, 2021, by the following vote: Yeas 131, Nays 0, 1 present, not
350		-	voting; and that the House concurred in Senate amendments to H.B.
351		-	No. 385 on May 28, 2021, by the following vote: Yeas 111, Nays 31,
352		-	1 present, not voting.
353		-	______________________________
354		-	Chief Clerk of the House
355		-	I certify that H.B. No. 385 was passed by the Senate, with
356		-	amendments, on May 24, 2021, by the following vote: Yeas 28, Nays
357		-	2.
358		-	______________________________
359		-	Secretary of the Senate
360		-	APPROVED: __________________
361		-	Date
362		-	__________________
363		-	Governor
	360	+	* * * * *