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  H.B. No. 3633
 
 
 
 
AN ACT
  relating to reimbursement for the costs of legal services provided
  to an indigent defendant in a criminal case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 26.05(g), Code of Criminal Procedure, is
  amended to read as follows:
         (g)  If the judge [court] determines that a defendant has
  financial resources that enable the defendant [him] to offset in
  part or in whole the costs of the legal services provided to the
  defendant in accordance with Article 1.051(c) or (d), including any
  expenses and costs, the judge [court] shall order the defendant to
  pay during the pendency of the charges or, if convicted, as court
  costs the amount that the judge [it] finds the defendant is able to
  pay. The defendant may not be ordered to pay an amount that exceeds:
               (1)  the actual costs, including any expenses and
  costs, paid by the county for the legal services provided by an
  appointed attorney; or
               (2)  if the defendant was represented by a public
  defender's office, the actual amount, including any expenses and
  costs, that would have otherwise been paid to an appointed attorney
  had the county not had a public defender's office.
         SECTION 2.  Sections 11(a) and (b), Article 42.12, Code of
  Criminal Procedure, are amended to read as follows:
         (a)  The judge of the court having jurisdiction of the case
  shall determine the conditions of community supervision and may, at
  any time during the period of community supervision, alter or
  modify the conditions.  The judge may impose any reasonable
  condition that is designed to protect or restore the community,
  protect or restore the victim, or punish, rehabilitate, or reform
  the defendant.  Conditions of community supervision may include,
  but shall not be limited to, the conditions that the defendant
  shall:
               (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 as far as
  possible;
               (7)  Remain within a specified place;
               (8)  Pay the defendant's fine, if one is assessed, and
  all court costs whether a fine is assessed or not, in one or several
  sums;
               (9)  Support the defendant's dependents;
               (10)  Participate, for a time specified by the judge,
  in any community-based program, including a community-service work
  program under Section 16 of this article;
               (11)  If the judge determines that the defendant has
  financial resources that enable the defendant to offset in part or
  in whole the costs of the legal services provided to the defendant
  in accordance with Article 1.051(c) or (d), including any expenses
  and costs, reimburse [Reimburse] the county in which the
  prosecution was instituted for the costs of the legal services in an
  amount that the judge finds the defendant is able to pay, except
  that the defendant may not be ordered to pay an amount that exceeds:
                     (A)  the actual costs, including any expenses and
  costs, paid by the county for the legal services provided by an
  appointed attorney; [compensation paid to appointed counsel for
  defending the defendant in the case, if counsel was appointed,] or
                     (B)  if the defendant was represented by a public
  defender's office, the actual [in an] amount, including any
  expenses and costs, that would have otherwise been paid to an
  appointed attorney had the county not had a public defender's
  office;
               (12)  Remain under custodial supervision in a community
  corrections facility, obey all rules and regulations of the
  facility, and pay a percentage of the defendant's income to the
  facility for room and board;
               (13)  Pay a percentage of the defendant's income to the
  defendant's dependents for their support while under custodial
  supervision in a community corrections facility;
               (14)  Submit to testing for alcohol or controlled
  substances;
               (15)  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;
               (16)  With the consent of the victim of a misdemeanor
  offense or of any offense under Title 7, Penal Code, participate in
  victim-defendant mediation;
               (17)  Submit to electronic monitoring;
               (18)  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 defendant's 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;
               (19)  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;
               (20)  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;
               (21)  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;
               (22)  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;
               (23)  In any manner required by the judge, provide
  public notice of the offense for which the defendant was placed on
  community supervision in the county in which the offense was
  committed; and
               (24)  Reimburse the county in which the prosecution was
  instituted for compensation paid to any interpreter in the case.
         (b)(1)  A judge may not order a defendant to make any
  payments as a term or condition of community supervision, except
  for:
                     (A)  fines, court costs, and restitution to the
  victim;
                     (B)  reimbursement of a county as described by
  Subsection (a)(11); [,] and
                     (C)  other conditions related personally to the
  rehabilitation of the defendant or otherwise expressly authorized
  by law.
               (2)  A judge may not impose a condition of community
  supervision requiring a defendant to reimburse a county for the
  costs of legal services as described by Subsection (a)(11) if the
  defendant has already satisfied that obligation under Article
  26.05(g).
               (3)  The court shall consider the ability of the
  defendant to make payments before [in] ordering the defendant to
  make payments under this article.
         SECTION 3.  Section 21(c), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (c)  The court may not revoke the community supervision of a
  defendant if, at the community supervision revocation hearing, the
  court finds that the only evidence supporting the alleged violation
  of a condition of community supervision is the uncorroborated
  results of a polygraph examination. 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 or by failing to pay the costs of legal
  services as described by Section 11(a)(11), the state must prove by
  a preponderance of the evidence that the defendant was able to pay
  and did not pay as ordered by the judge.  The court may order a
  community supervision and corrections department to obtain
  information pertaining to the factors listed under Article
  42.037(h) and include that information in the report required under
  Section 9(a) or a separate report, as the court directs.
         SECTION 4.  The change in law made by this Act applies only
  to a criminal hearing or proceeding that commences on or after the
  effective date of this Act, regardless of when the defendant
  committed the underlying offense for which the defendant became
  subject to the hearing or proceeding. A criminal hearing or
  proceeding that commences before the effective date of this Act is
  governed by the law in effect on the date the hearing or proceeding
  commenced, and the former law is continued in effect for that
  purpose.
         SECTION 5.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3633 was passed by the House on April
  21, 2015, by the following vote:  Yeas 140, Nays 2, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3633 was passed by the Senate on May
  12, 2015, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor