H.B. No. 1678
 
 
 
 
AN ACT
  relating to the operation of a system of community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2(a), Article 42.03, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  In all criminal cases the judge of the court in which the
  defendant is [was] convicted shall give the defendant credit on the
  defendant's [his] sentence for the time that the defendant has
  spent:
               (1)  in jail for the case [in said cause], other than
  confinement served as a condition of community supervision, from
  the time of his arrest and confinement until his sentence by the
  trial court; or
               (2)  in a substance abuse treatment facility operated
  by the Texas Department of Criminal Justice under Section 493.009,
  Government Code, or another court-ordered residential program or
  facility as a condition of deferred adjudication community
  supervision granted in the case if the defendant successfully
  completes the treatment program at that facility.
         SECTION 2.  Section 3(b), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  In [Except as provided by Subsection (f), in] a felony
  case the minimum period of community supervision is the same as the
  minimum term of imprisonment applicable to the offense and the
  maximum period of community supervision is, subject to the
  extensions provided by Section 22:
               (1)  10 years, for a felony other than a  third degree
  felony described by Subdivision (2); and
               (2)  five years, for the following third degree
  felonies:
                     (A)  a third degree felony under Title 7, Penal
  Code, other than an offense under Section 33.021(c), Penal Code;
  and
                     (B)  a third degree felony under Chapter 481,
  Health and Safety Code.
         SECTION 3.  Section 4(d), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  A defendant is not eligible for community supervision
  under this section if the defendant:
               (1)  is sentenced to a term of imprisonment that
  exceeds 10 years;
               (2)  is convicted of a state jail felony for which
  suspension of the imposition of the sentence occurs automatically
  under Section 15(a);
               (3)  does not file a sworn motion under Subsection (e)
  of this section or for whom the jury does not enter in the verdict a
  finding that the information contained in the motion is true; [or]
               (4)  is adjudged guilty of an offense for which
  punishment is increased under Section 481.134(c), (d), (e), or (f),
  Health and Safety Code, if it is shown that the defendant has been
  previously convicted of an offense for which punishment was
  increased under any one of those subsections; or
               (5)  is adjudged guilty of an offense under Section
  19.02, Penal Code.
         SECTION 4.  Sections 15(h)(2) and (3), Article 42.12, Code
  of Criminal Procedure, are amended to read as follows:
               (2)  A judge:
                     (A)  may credit against any time a defendant is
  required to serve in a state jail felony facility time served by the
  defendant in a county jail from the time of the defendant's arrest
  and confinement until sentencing by the trial court; and
                     (B)  shall credit against any time a defendant is
  required to serve in a state jail felony facility time served by the
  defendant in a substance abuse treatment facility operated by the
  Texas Department of Criminal Justice under Section 493.009,
  Government Code, or other court-ordered residential program or
  facility as a condition of deferred adjudication community
  supervision before sentencing, but only if the defendant
  successfully completes the treatment program in that facility.
               (3)  A judge shall credit against any time a defendant
  is subsequently required to serve in a state jail felony facility
  after revocation of community supervision any time served after
  sentencing by the defendant:
                     (A)  in a state jail felony facility; or
                     (B)  in a substance abuse treatment facility
  operated by the Texas Department of Criminal Justice under Section
  493.009, Government Code, or another court-ordered residential
  program or facility if the defendant successfully completes the
  treatment program in that facility [after sentencing].
         SECTION 5.  Sections 16(a) and (b), Article 42.12, Code of
  Criminal Procedure, are amended to read as follows:
         (a)  A judge may [shall] require as a condition of community
  supervision[,] that the defendant work a specified number of hours
  at a community service project or projects for an organization or
  organizations approved by the judge and designated by the
  department. The judge may not require that a defendant work at a
  community service project if[, unless] the judge determines and
  notes on the order placing the defendant on community supervision
  that:
               (1)  the defendant is physically or mentally incapable
  of participating in the project;
               (2)  participating in the project will work a hardship
  on the defendant or the defendant's dependents;
               (3)  the defendant is to be confined in a substance
  abuse punishment facility as a condition of community supervision;
  or
               (4)  there is other good cause shown.
         (b)  The amount of community service work ordered by the
  judge:
               (1)  may not exceed 1,000 hours [and may not be less
  than 320 hours] for an offense classified as a first degree felony;
               (2)  may not exceed 800 hours [and may not be less than
  240 hours] for an offense classified as a second degree felony;
               (3)  may not exceed 600 hours [and may not be less than
  160 hours] for an offense classified as a third degree felony;
               (4)  may not exceed 400 hours [and may not be less than
  120 hours] for an offense classified as a state jail felony;
               (5)  may not:
                     (A)  exceed 600 hours [or be less than 160 hours]
  for an offense under Section 30.04, Penal Code, classified as a
  Class A misdemeanor; or
                     (B)  exceed 200 hours [or be less than 80 hours]
  for any other offense classified as a Class A misdemeanor or for any
  other misdemeanor for which the maximum permissible confinement, if
  any, exceeds six months or the maximum permissible fine, if any,
  exceeds $4,000; and
               (6)  may not exceed 100 hours [and may not be less than
  24 hours] for an offense classified as a Class B misdemeanor or for
  any other misdemeanor for which the maximum permissible
  confinement, if any, does not exceed six months and the maximum
  permissible fine, if any, does not exceed $4,000.
         SECTION 6.  Section 20, Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 20.  REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION.  
  (a)  At any time[,] after the defendant has satisfactorily
  completed one-third of the original community supervision period or
  two years of community supervision, whichever is less, the period
  of community supervision may be reduced or terminated by the judge.  
  On completion of one-half of the original community supervision
  period or two years of community supervision, whichever is more,
  the judge shall review the defendant's record and consider whether
  to reduce or terminate the period of community supervision, unless
  the defendant is delinquent in paying required restitution, fines,
  costs, or fees that the defendant has the ability to pay or the
  defendant has not completed court-ordered counseling or treatment.
  Before conducting the review, the judge shall notify the attorney
  representing the state and the defendant.  If the judge determines
  that the defendant has failed to satisfactorily fulfill the
  conditions of community supervision, the judge shall advise the
  defendant in writing of the requirements for satisfactorily
  fulfilling those conditions. Upon the satisfactory fulfillment of
  the conditions of community supervision, and the expiration of the
  period of community supervision, the judge, by order duly entered,
  shall amend or modify the original sentence imposed, if necessary,
  to conform to the community supervision period and shall discharge
  the defendant. If the judge discharges the defendant under this
  section, the judge may set aside the verdict or permit the defendant
  to withdraw the defendant's [his] plea, and shall dismiss the
  accusation, complaint, information or indictment against the
  defendant, who shall thereafter be released from all penalties and
  disabilities resulting from the offense or crime of which the
  defendant [he] has been convicted or to which the defendant [he] has
  pleaded guilty, except that:
               (1)  proof of the conviction or plea of guilty shall be
  made known to the judge should the defendant again be convicted of
  any criminal offense; and
               (2)  if the defendant is an applicant for a license or
  is a licensee under Chapter 42, Human Resources Code, the Health and 
  [Texas Department of] Human Services Commission may consider the
  fact that the defendant previously has received community
  supervision under this article in issuing, renewing, denying, or
  revoking a license under that chapter.
         (b)  This section does not apply to a defendant convicted of
  an offense under Sections 49.04-49.08, Penal Code, a defendant
  convicted of an offense for which on conviction registration as a
  sex offender is required under Chapter 62, or a defendant convicted
  of a felony described by Section 3g[, as added by Chapter 668, Acts
  of the 75th Legislature, Regular Session, 1997, or a defendant
  convicted of an offense punishable as a state jail felony].
         SECTION 7.  Section 22(c), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (c)  The judge may extend a period of community supervision
  on a showing of good cause under this section as often as the judge
  determines is necessary, but the period of community supervision in
  a first, second, or third degree felony case may not exceed 10 years
  and, except as otherwise provided by this subsection, the period of
  community supervision in a misdemeanor case may not exceed three
  years. The judge may extend the period of community supervision in
  a misdemeanor case for any period the judge determines is
  necessary, not to exceed an additional two years beyond the
  three-year limit, if the defendant fails to pay a previously
  assessed fine, costs, or restitution and the judge determines that
  extending the period of supervision increases the likelihood that
  the defendant will fully pay the fine, costs, or restitution. A
  court may extend a period of community supervision under this
  section at any time during the period of supervision or, if a motion
  for revocation of community supervision is filed before the period
  of supervision ends, before the first anniversary of the date on
  which the period of supervision expires.
         SECTION 8.  Section 23(b), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  No part of the time that the defendant is on community
  supervision shall be considered as any part of the time that he
  shall be sentenced to serve, except that on revocation, the judge
  shall credit to the defendant time served by the defendant as a
  condition of community supervision in a substance abuse treatment
  facility operated by the Texas Department of Criminal Justice under
  Section 493.009, Government Code, or another court-ordered
  residential program or facility, but only if the defendant
  successfully completes the treatment program in that facility. The
  right of the defendant to appeal for a review of the conviction and
  punishment, as provided by law, shall be accorded the defendant at
  the time he is placed on community supervision. When he is notified
  that his community supervision is revoked for violation of the
  conditions of community supervision and he is called on to serve a
  sentence in a jail or in the institutional division of the Texas
  Department of Criminal Justice, he may appeal the revocation.
         SECTION 9.  Section 132.002, Local Government Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  The director of a community supervision and corrections
  department, with the approval of the judges described by Section
  76.002, Government Code, may authorize a community supervision
  official who collects fees, fines, court costs, and other charges
  to:
               (1)  accept payment by debit card or credit card of a
  fee, fine, court cost, or other charge; and
               (2)  collect a fee for processing the payment by debit
  card or credit card.
         SECTION 10.  (a)  Except as provided by Subsection (b) of
  this section, the change in law made by this Act applies only to a
  defendant initially placed on community supervision on or after the
  effective date of this Act.  A defendant initially placed on
  community supervision before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         (b)  Section 132.002(f), Local Government Code, as added by
  this Act, applies to the payment of a fee, fine, court cost, or
  other charge made on or after the effective date of this Act,
  regardless of when the fee, fine, court cost, or other charge was
  imposed or became due.
         SECTION 11.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1678 was passed by the House on April
  25, 2007, by the following vote:  Yeas 135, Nays 7, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1678 was passed by the Senate on May
  21, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor