S.B. No. 1584
 
 
 
 
AN ACT
  relating to the conditions of community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.301, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42A.301.  BASIC DISCRETIONARY CONDITIONS. (a)  The
  judge of the court having jurisdiction of the case shall determine
  the conditions of community supervision after considering the
  results of a risk and needs assessment conducted with respect to the
  defendant. The assessment must be conducted using an instrument
  that is validated for the purpose of assessing the risks and needs
  of a defendant placed on community supervision. The judge may
  impose any reasonable condition that is not duplicative of another
  condition and that is designed to protect or restore the community,
  protect or restore the victim, or punish, rehabilitate, or reform
  the defendant. In determining the conditions, the judge shall
  consider the extent to which the conditions impact the defendant's:
               (1)  work, education, and community service schedule or
  obligations; and
               (2)  ability to meet financial obligations.
         (b)  Conditions of community supervision may include
  conditions requiring the defendant to:
               (1)  commit no offense against the laws of this state or
  of any other state or of the United States;
               (2)  avoid injurious or vicious habits;
               (3)  avoid persons or places of disreputable or harmful
  character, including any person, other than a family member of the
  defendant, who is an active member of a criminal street gang;
               (4)  report to the supervision officer as directed by
  the judge or supervision officer and obey all rules and regulations
  of the community supervision and corrections department;
               (5)  permit the supervision officer to visit the
  defendant at the defendant's home or elsewhere;
               (6)  work faithfully at suitable employment to the
  extent possible;
               (7)  remain within a specified place;
               (8)  pay in one or more amounts:
                     (A)  the defendant's fine, if one is assessed; and
                     (B)  all court costs, regardless of whether a fine
  is assessed;
               (9)  support the defendant's dependents;
               (10)  participate, for a period specified by the judge,
  in any community-based program, including a community service
  project under Article 42A.304;
               (11)  reimburse the county in which the prosecution was
  instituted as follows:
                     (A)  if counsel was appointed, an amount for
  compensation paid to appointed counsel for defending the defendant
  in the case; or
                     (B)  if the defendant was represented by a public
  defender's office, an amount that would have been paid to an
  appointed attorney had the county not had a public defender's
  office;
               (12)  if under custodial supervision in a community
  corrections facility:
                     (A)  remain under that supervision;
                     (B)  obey all rules and regulations of the
  facility; and
                     (C)  pay a percentage of the defendant's income
  to:
                           (i)  the facility for room and board; and
                           (ii)  the defendant's dependents for their
  support during the period of custodial supervision;
               (13)  submit to testing for alcohol or controlled
  substances;
               (14)  attend counseling sessions for substance abusers
  or participate in substance abuse treatment services in a program
  or facility approved or licensed by the Department of State Health
  Services;
               (15)  with the consent of the victim of a misdemeanor
  offense or of any offense under Title 7, Penal Code, participate in
  victim-defendant mediation;
               (16)  submit to electronic monitoring;
               (17)  reimburse the compensation to victims of crime
  fund for any amounts paid from that fund to or on behalf of a victim,
  as defined by Article 56.32, of the offense or if no reimbursement
  is required, make one payment to the compensation to victims of
  crime fund in an amount not to exceed $50 if the offense is a
  misdemeanor or not to exceed $100 if the offense is a felony;
               (18)  reimburse a law enforcement agency for the
  analysis, storage, or disposal of raw materials, controlled
  substances, chemical precursors, drug paraphernalia, or other
  materials seized in connection with the offense;
               (19)  pay all or part of the reasonable and necessary
  costs incurred by the victim for psychological counseling made
  necessary by the offense or for counseling and education relating
  to acquired immune deficiency syndrome or human immunodeficiency
  virus made necessary by the offense;
               (20)  make one payment in an amount not to exceed $50 to
  a crime stoppers organization, as defined by Section 414.001,
  Government Code, and as certified by the Texas Crime Stoppers
  Council;
               (21)  submit a DNA sample to the Department of Public
  Safety under Subchapter G, Chapter 411, Government Code, for the
  purpose of creating a DNA record of the defendant;
               (22)  in any manner required by the judge, provide in
  the county in which the offense was committed public notice of the
  offense for which the defendant was placed on community
  supervision; and
               (23)  reimburse the county in which the prosecution was
  instituted for compensation paid to any interpreter in the case.
         (c)  Before the judge may require as a condition of community
  supervision that the defendant receive treatment in a state-funded
  substance abuse treatment program, including an inpatient or
  outpatient program, a substance abuse felony program under Article
  42A.303, or a program provided to the defendant while confined in a
  community corrections facility as defined by Article 42A.601, the
  judge must consider the results of an evaluation conducted to
  determine the appropriate type and level of treatment necessary to
  address the defendant's alcohol or drug dependency. 
         SECTION 2.  The change in law made by this Act applies to a
  defendant placed on community supervision on or after the effective
  date of this Act, regardless of whether the offense for which the
  defendant was placed on community supervision was committed before,
  on, or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1584 passed the Senate on
  April 27, 2017, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1584 passed the House on
  May 10, 2017, by the following vote:  Yeas 83, Nays 58, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor