By Talton H.B. No. 2424
74R4042 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring as a condition of community supervision that
1-3 a defendant make a payment to the crime victims' compensation fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11(a), Article 42.12, Code of Criminal
1-6 Procedure, as amended by Section 2, Chapter 806, and Section 4.01,
1-7 Chapter 900, Acts of the 73rd Legislature, Regular Session, 1993,
1-8 is amended to read as follows:
1-9 (a) The judge of the court having jurisdiction of the case
1-10 shall determine the conditions of community supervision and may, at
1-11 any time, during the period of community supervision alter or
1-12 modify the conditions as provided by Sections 10 and 22 of this
1-13 article. The judge may impose any reasonable condition that is
1-14 designed to protect or restore the community, protect or restore
1-15 the victim, or punish, rehabilitate, or reform the defendant.
1-16 Conditions of community supervision may include, but shall not be
1-17 limited to, the conditions that the defendant shall:
1-18 (1) Commit no offense against the laws of this State
1-19 or of any other State or of the United States;
1-20 (2) Avoid injurious or vicious habits;
1-21 (3) Avoid persons or places of disreputable or harmful
1-22 character;
1-23 (4) Report to the supervision officer as directed by
1-24 the judge or supervision officer and obey all rules and regulations
2-1 of the community supervision and corrections department;
2-2 (5) Permit the supervision officer to visit him at his
2-3 home or elsewhere;
2-4 (6) Work faithfully at suitable employment as far as
2-5 possible;
2-6 (7) Remain within a specified place;
2-7 (8) Pay his fine, if one be assessed, and all court
2-8 costs whether a fine be assessed or not, in one or several sums;
2-9 (9) Support his dependents;
2-10 (10) Participate, for a time specified by the judge in
2-11 any community-based program, including a community-service work
2-12 program under Section 16 of this article;
2-13 (11) Reimburse the county in which the prosecution was
2-14 instituted for compensation paid to appointed counsel for defending
2-15 him in the case, if counsel was appointed, or if he was represented
2-16 by a county-paid public defender, in an amount that would have been
2-17 paid to an appointed attorney had the county not had a public
2-18 defender;
2-19 (12) Remain under custodial supervision in a community
2-20 corrections facility, obey all rules and regulations of such
2-21 facility, and pay a percentage of his income to the facility for
2-22 room and board;
2-23 (13) Pay a percentage of his income to his dependents
2-24 for their support while under custodial supervision in a community
2-25 corrections facility;
2-26 (14) Submit to testing for alcohol or controlled
2-27 substances;
3-1 (15) Attend counseling sessions for substance abusers
3-2 or participate in substance abuse treatment services in a program
3-3 or facility approved or licensed by the Texas Commission on Alcohol
3-4 and Drug Abuse;
3-5 (16) Register under Article 6252-13c.1, Revised
3-6 Statutes;
3-7 (17) With the consent of the victim of a misdemeanor
3-8 offense or of any offense under Title 7, Penal Code, participate
3-9 in victim-defendant mediation;
3-10 (18) <(19)> Submit to electronic monitoring;
3-11 (19) <(20)> Reimburse the crime victims compensation
3-12 fund created under the Crime Victims Compensation Act (Subchapter
3-13 B, Chapter 56, of this code) <(Article 8309-1, Vernon's Texas Civil
3-14 Statutes)> for any amounts paid from that fund to a victim, as
3-15 defined by Article 56.01 of this code, of the defendant's offense
3-16 or if no reimbursement is required, make one payment to the fund in
3-17 an amount not to exceed $50 if the offense is a misdemeanor or not
3-18 to exceed $100 if the offense is a felony;
3-19 (20) <(21)> Reimburse a law enforcement agency for the
3-20 analysis, storage, or disposal of raw materials, controlled
3-21 substances, chemical precursors, drug paraphernalia, or other
3-22 materials seized in connection with the offense;
3-23 (21) <(22)> Pay all or part of the reasonable and
3-24 necessary costs incurred by the victim for psychological counseling
3-25 made necessary by the offense or for counseling and education
3-26 relating to acquired immune deficiency syndrome or human
3-27 immunodeficiency virus made necessary by the offense; and
4-1 (22) <(23)> Make one payment in an amount not to
4-2 exceed $50 to a local crime stoppers program as defined by Section
4-3 414.001, Government Code, and as certified by the Crime Stoppers
4-4 Advisory Council.
4-5 SECTION 2. Section 56.54, Code of Criminal Procedure, is
4-6 amended by adding Subsection (h) to read as follows:
4-7 (h) Sections 403.094 and 403.095, Government Code, do not
4-8 apply to the compensation to victims of crime fund or the
4-9 compensation to victims of crime auxiliary fund.
4-10 SECTION 3. The compensation to victims of crime fund and the
4-11 compensation to victims of crime auxiliary fund are re-created as
4-12 special funds to be used for the purposes designated in Subchapter
4-13 B, Chapter 56, Code of Criminal Procedure.
4-14 SECTION 4. (a) The change in law made by this Act applies
4-15 only to an offense committed on or after the effective date of this
4-16 Act. For purposes of this section, an offense is committed before
4-17 the effective date of this Act if any element of the offense occurs
4-18 before the effective date.
4-19 (b) An offense committed before the effective date of this
4-20 Act is covered by the law in effect when the offense was committed,
4-21 and the former law is continued in effect for that purpose.
4-22 SECTION 5. This Act takes effect September 1, 1995.
4-23 SECTION 6. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.