AEZ H.B. 1467 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 1467
By: Puente
4-17-97
Committee Report (Unamended)



BACKGROUND 

Currently, Article 42.12, Code of Criminal Procedure, provides that the
period of community supervision in a misdemeanor case may not exceed three
years.  If a person fails to pay previously assessed fines, costs or
restitution within the three year period, the judge loses jurisdiction to
order the defendant to pay these costs. 

PURPOSE

HB 1467, as proposed, allows a judge to extend the period of community
supervision in a misdemeanor case a maximum of two years beyond the
current three year limit if the defendant fails to pay previously assessed
fines, costs, or restitution and the judge determines that extending
supervision increases the likelihood the defendant will pay these costs. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 22 (c), Article 42.12, Code of Criminal
Procedure, Community Supervision, to provide that a judge may extend the
period of community supervision in a misdemeanor case for up to two years
beyond the current three year limit if the defendant fails to pay
previously assessed fines, costs, or restitution and the judge determines
that the extending the supervision increases the likelihood that the
defendant will pay these costs. 

SECTION 2.Effective Date:  September 1, 1997.  The change in law made by
this Act applies only to a defendant placed on community supervision after
conviction of an offense committed on or after the the effective date of
this Act. 

SECTION 3.  Emergency Clause