By Bivins S.B. No. 491
74R3138 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a payment to a local victim assistance program as a
1-3 condition of community supervision.
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 in
3-9 victim-defendant mediation;
3-10 (18) <(19)> Submit to electronic monitoring;
3-11 (19) <(20)> Reimburse the general revenue fund <crime
3-12 victims compensation fund created under the Crime Victims
3-13 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
3-14 for any amounts paid under the Crime Victims' Compensation Act
3-15 (Subchapter B, Chapter 56, of this code) from that fund to a
3-16 victim, as defined by Article 56.01 of this code, of the
3-17 defendant's offense;
3-18 (20) <(21)> Reimburse a law enforcement agency for the
3-19 analysis, storage, or disposal of raw materials, controlled
3-20 substances, chemical precursors, drug paraphernalia, or other
3-21 materials seized in connection with the offense;
3-22 (21) <(22)> Pay all or part of the reasonable and
3-23 necessary costs incurred by the victim for psychological counseling
3-24 made necessary by the offense or for counseling and education
3-25 relating to acquired immune deficiency syndrome or human
3-26 immunodeficiency virus made necessary by the offense; <and>
3-27 (22) <(23)> Make one payment in an amount not to
4-1 exceed $50 to a local crime stoppers program as defined by Section
4-2 414.001, Government Code, and as certified by the Crime Stoppers
4-3 Advisory Council; and
4-4 (23) Make one payment in an amount not to exceed $50
4-5 to the office of the district or county attorney to help the office
4-6 defray the costs of a victim assistance coordinator program
4-7 established under Article 56.04 of this code.
4-8 SECTION 2. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended,
4-13 and that this Act take effect and be in force from and after its
4-14 passage, and it is so enacted.