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A BILL TO BE ENTITLED
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AN ACT
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relating to the extension of the period of community supervision |
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for certain defendants who fail to pay a previously assessed fine or |
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cost. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.753, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(b-1) and (b-2) to read as follows: |
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(a) On a showing of good cause, the judge may extend a period |
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of community supervision under Article 42A.752(a)(2) as frequently |
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as the judge determines is necessary, but, except as otherwise |
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provided by this article, the period of community supervision in a |
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first, second, or third degree felony case may not exceed 10 years |
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and [, except as otherwise provided by Subsection (b),] the period |
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of community supervision in a misdemeanor case may not exceed three |
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years. |
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(b) Subject to Subsection (b-2), the [The] judge may extend |
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the period of community supervision in a misdemeanor case for any |
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period the judge determines is necessary [, not to exceed an |
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additional two years beyond the three-year limit provided by |
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Subsection (a),] if: |
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(1) the defendant fails to pay a previously assessed |
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[fine, cost, or] restitution amount; and |
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(2) the judge determines that extending the |
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supervision period will increase [increases] the likelihood that |
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the defendant will fully pay the [fine, cost, or] restitution |
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amount. |
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(b-1) For any period the judge determines is necessary but |
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subject to Subsection (b-2), in a felony or misdemeanor case the |
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judge may extend the period of community supervision based on the |
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defendant's failure to pay a previously assessed fine or cost only |
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if the judge, after a hearing, determines that: |
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(1) the defendant has the financial resources to pay |
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the fine or cost; and |
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(2) extending the supervision period will increase the |
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likelihood that the defendant will fully pay the fine or cost. |
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(b-2) The total length of an extension of the period of |
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community supervision under Subsection (b) or (b-1), as applicable, |
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in a felony or misdemeanor case may not exceed an additional two |
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years beyond the applicable limit provided by Subsection (a). |
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SECTION 2. The change in law made by this Act applies to a |
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person on community supervision, including deferred adjudication |
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community supervision, on or after the effective date of this Act, |
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regardless of whether the person was placed on community |
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supervision before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |