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House Bill 2193 |
House Author: Madden et al. |
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Effective: Vetoed |
Senate Sponsor: Whitmire |
House Bill 2193 amends provisions of the Code of Criminal Procedure, the Health and Safety Code, the Government Code, and the Local Government Code to make changes to the system of community supervision. The bill reduces from 10 years to five years the length of initial probation and deferred adjudication terms a judge is authorized to impose on certain felony offenders and allows the judge to extend the length of initial probation for up to 10 years, under certain circumstances. The bill maintains the 10-year probation period for certain violent felony offenders and sex offenders, but removes a judge's authority to extend the period of probation. House Bill 2193 provides for a mandatory judicial review after a defendant has served one-half of the term to determine whether to reduce or terminate community supervision. Certain provisions of the bill relating to the reduced terms of community supervision apply to persons currently under community supervision.
House Bill 2193 requires certain counties to establish drug courts and provides for a court fee of $50 to be assessed against persons convicted of certain intoxication offenses to fund the drug courts. The bill also requires the Texas Department of Criminal Justice to establish a pilot program that provides grants to local probation departments to implement a system of progressive sanctions. The bill makes other changes regarding credit to defendants for time spent in a court-ordered residential program or facility, a judge's discretion to require community service as a condition of community supervision, the administration of probation departments, and judicial immunity.
Reason Given for Veto: "House Bill No. 2193 would reduce the maximum period of probation for certain third degree felonies from 10 to 5 years. This bill would shorten the probation for those who are convicted of assault on a peace officer and taking a weapon away from a peace officer. I will not sign legislation that reduces penalties for offenses against law enforcement officers.
"This bill would also reduce the maximum period of probation for offenses such as kidnapping, injury to a child, repeated spousal abuse, intoxication assault and habitual felony drunk driving. These are serious crimes and I do not believe Texas should reduce probationary sentences for offenders who endanger the lives of others in such crimes.
"House Bill No. 2193 would also add court fines to expand drug courts in Texas; however, there was no appropriation of these new revenues and the intended purpose would not be funded.
"Attempts to improve this legislation that would have provided greater public safety were rebuffed, ensuring a flawed piece of legislation that would endanger public safety made it to my desk instead of one that could have made needed improvements to our probation system.
"This legislation has raised concerns from many on the front lines of prosecuting these crimes, and I can only conclude their opposition stems from good cause.
"Senate Bill No. 1, the Appropriations Bill, provides $55 million in additional funding for probation officers, which will help reduce their caseloads, and I support that funding."