H.B. No. 312

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