1-1 AN ACT
1-2 relating to extending the period of community supervision for
1-3 certain persons convicted of a misdemeanor.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22(c), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (c) The judge may extend a period of community supervision
1-8 under this section as often as the judge determines is necessary,
1-9 but [in no case may] the period of community supervision in a
1-10 first, second, or third degree felony case may not exceed 10 years
1-11 and, except as otherwise provided by this subsection, [or] the
1-12 period of community supervision in a misdemeanor case may not
1-13 exceed three years. The judge may extend the period of community
1-14 supervision in a misdemeanor case for any period the judge
1-15 determines is necessary, not to exceed an additional two years
1-16 beyond the three-year limit, if the defendant fails to pay a
1-17 previously assessed fine, costs, or restitution and the judge
1-18 determines that extending the period of supervision increases the
1-19 likelihood that the defendant will fully pay the fine, costs, or
1-20 restitution. A court may extend a period of community supervision
1-21 under this section at any time during the period of supervision or,
1-22 if a motion for revocation of community supervision is filed before
1-23 the period of supervision ends, before the first anniversary of the
1-24 date on which the period of supervision expires.
2-1 SECTION 2. This Act takes effect September 1, 1997. The
2-2 change in law made by this Act applies only to a defendant placed
2-3 on community supervision after conviction of an offense committed
2-4 on or after September 1, 1997. A defendant placed on community
2-5 supervision after conviction of an offense committed before
2-6 September 1, 1997, is covered by the law in effect when the offense
2-7 was committed, and the former law is continued in effect for that
2-8 purpose. For purposes of this section, an offense was committed
2-9 before September 1, 1997, if any element of the offense occurred
2-10 before that date.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1467 was passed by the House on May
14, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1467 was passed by the Senate on May
23, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor