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AN ACT
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relating to the burden of proof in a community supervision |
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revocation hearing regarding a defendant's ability to make certain |
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court-ordered payments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21(c), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) In a community supervision revocation hearing at which |
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it is alleged only that the defendant violated the conditions of |
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community supervision by failing to pay compensation paid to |
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appointed counsel, community supervision fees, or court costs, |
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[restitution, or reparations,] the state must prove by a |
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preponderance of the evidence that [inability of] the defendant was |
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able to pay and did not pay as ordered by the judge [is an
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affirmative defense to revocation, which the defendant must prove
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by a preponderance of evidence]. The court may order a community |
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supervision and corrections department to obtain information |
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pertaining to the factors listed under Article 42.037(h) of this |
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code and include that information in the report required under |
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Section 9(a) of this article or a separate report, as the court |
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directs. |
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SECTION 2. The change in law made by this Act applies only |
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to a community supervision revocation hearing held on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 312 was passed by the House on May 1, |
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2007, by the following vote: Yeas 123, Nays 20, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 312 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |