By Puente                                             H.B. No. 1467

         75R1502 PEP-D                           

                                A BILL TO BE ENTITLED

 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.