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