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A BILL TO BE ENTITLED
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AN ACT
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relating to a defendant's payment of costs associated with a |
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court-appointed counsel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.05(g-1)(1), Code of Criminal |
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Procedure, is amended to read as follows: |
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(1) This subsection applies only to a defendant who: |
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(A) at the time of sentencing to confinement or |
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placement on community supervision, including deferred |
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adjudication community supervision, did not have the financial |
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resources to pay the maximum amount described by Subsection (g)(1) |
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or (2), as applicable, for legal services provided to the |
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defendant; or |
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(B) is subject to an order under Subsection (g-2) |
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to pay a reduced amount for legal services provided to the |
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defendant, regardless of the amount of financial resources |
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available to the defendant at the time the defendant was sentenced |
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to confinement or placed on community supervision. |
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SECTION 2. Article 26.05, Code of Criminal Procedure, is |
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amended by adding Subsections (g-2), (g-3), (g-4), and (g-5) to |
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read as follows: |
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(g-2)(1) At any time during the sentence of confinement or |
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period of community supervision of a defendant who has been ordered |
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under Subsection (g) or (g-1) to pay in part or in whole the costs of |
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legal services provided to the defendant, the judge shall, on |
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written request of the defendant, provide the defendant with the |
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opportunity to present evidence that the defendant no longer has |
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the financial resources to pay the amount ordered. If the judge |
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determines that the defendant is indigent or demonstrates an |
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inability to pay the amount ordered, the judge shall amend the |
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applicable order to require the defendant to pay a reduced amount, |
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if any, based on the defendant's ability to pay. |
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(2) The judge may, on the judge's own motion, amend the |
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applicable order as provided by Subdivision (1) on making the |
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determination required by that subdivision. |
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(g-3) In making a determination under Subsection (g-1) or |
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(g-2), the judge may only consider the information a court or |
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courts' designee is authorized to consider in making an indigency |
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determination under Article 26.04(m). |
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(g-4) The jurisdiction of the judge to enter an order under |
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Subsection (g-1) or (g-2) continues until the defendant has |
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discharged the sentence or completed the period of community |
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supervision. |
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(g-5) Notwithstanding any other law, the judge may not |
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revoke or extend the defendant's period of community supervision |
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solely to collect the amount the defendant has been ordered to pay |
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under Subsection (g-1) or (g-2). |
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SECTION 3. Articles 26.05(g-1)(3), (4), and (5), Code of |
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Criminal Procedure, are repealed. |
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SECTION 4. The change in law made by this Act applies to a |
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defendant who, on or after the effective date of this Act, is |
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serving a sentence of confinement or is on community supervision, |
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including deferred adjudication community supervision, regardless |
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of whether the defendant was sentenced to confinement or placed on |
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community supervision before, on, or after the effective date of |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |