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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

House Bill 312

House Author:  Turner

Effective:  9-1-07

Senate Sponsor:  Whitmire


            House Bill 312 amends the Code of Criminal Procedure to shift the burden of proof in a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay certain court-ordered payments from the defendant proving that the defendant is unable to pay, to the state proving that the defendant is able to pay and did not pay.  The bill deletes language that included restitution and reparation in the enumerated court-ordered costs, the nonpayment of which could subject a defendant to a revocation hearing.