| 1 | 1 | | 88R3476 MCF-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 460 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the extension of the period of community supervision |
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| 8 | 8 | | for certain defendants who fail to pay a previously assessed fine or |
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| 9 | 9 | | cost. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 42A.753, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by amending Subsections (a) and (b) and adding Subsections |
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| 13 | 13 | | (b-1) and (b-2) to read as follows: |
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| 14 | 14 | | (a) On a showing of good cause, the judge may extend a period |
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| 15 | 15 | | of community supervision under Article 42A.752(a)(2) as frequently |
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| 16 | 16 | | as the judge determines is necessary, but, except as otherwise |
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| 17 | 17 | | provided by this article, the period of community supervision in a |
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| 18 | 18 | | first, second, or third degree felony case may not exceed 10 years |
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| 19 | 19 | | and [, except as otherwise provided by Subsection (b),] the period |
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| 20 | 20 | | of community supervision in a misdemeanor case may not exceed three |
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| 21 | 21 | | years. |
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| 22 | 22 | | (b) Subject to Subsection (b-2), the [The] judge may extend |
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| 23 | 23 | | the period of community supervision in a misdemeanor case for any |
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| 24 | 24 | | period the judge determines is necessary [, not to exceed an |
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| 25 | 25 | | additional two years beyond the three-year limit provided by |
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| 26 | 26 | | Subsection (a),] if: |
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| 27 | 27 | | (1) the defendant fails to pay a previously assessed |
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| 28 | 28 | | [fine, cost, or] restitution amount; and |
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| 29 | 29 | | (2) the judge determines that extending the |
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| 30 | 30 | | supervision period will increase [increases] the likelihood that |
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| 31 | 31 | | the defendant will fully pay the [fine, cost, or] restitution |
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| 32 | 32 | | amount. |
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| 33 | 33 | | (b-1) For any period the judge determines is necessary but |
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| 34 | 34 | | subject to Subsection (b-2), in a felony or misdemeanor case the |
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| 35 | 35 | | judge may extend the period of community supervision based on the |
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| 36 | 36 | | defendant's failure to pay a previously assessed fine or cost only |
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| 37 | 37 | | if the judge, after a hearing, determines that: |
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| 38 | 38 | | (1) the defendant has the financial resources to pay |
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| 39 | 39 | | the fine or cost; and |
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| 40 | 40 | | (2) extending the supervision period will increase the |
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| 41 | 41 | | likelihood that the defendant will fully pay the fine or cost. |
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| 42 | 42 | | (b-2) The total length of an extension of the period of |
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| 43 | 43 | | community supervision under Subsection (b) or (b-1), as applicable, |
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| 44 | 44 | | in a felony or misdemeanor case may not exceed an additional two |
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| 45 | 45 | | years beyond the applicable limit provided by Subsection (a). |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies to a |
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| 47 | 47 | | person on community supervision, including deferred adjudication |
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| 48 | 48 | | community supervision, on or after the effective date of this Act, |
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| 49 | 49 | | regardless of whether the person was placed on community |
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| 50 | 50 | | supervision before, on, or after the effective date of this Act. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2023. |
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