1-1 By: Puente (Senate Sponsor - Shapleigh) H.B. No. 1467
1-2 (In the Senate - Received from the House May 15, 1997;
1-3 May 16, 1997, read first time and referred to Committee on Criminal
1-4 Justice; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to extending the period of community supervision for
1-9 certain persons convicted of a misdemeanor.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 22(c), Article 42.12, Code of Criminal
1-12 Procedure, is amended to read as follows:
1-13 (c) The judge may extend a period of community supervision
1-14 under this section as often as the judge determines is necessary,
1-15 but [in no case may] the period of community supervision in a
1-16 first, second, or third degree felony case may not exceed 10 years
1-17 and, except as otherwise provided by this subsection, [or] the
1-18 period of community supervision in a misdemeanor case may not
1-19 exceed three years. The judge may extend the period of community
1-20 supervision in a misdemeanor case for any period the judge
1-21 determines is necessary, not to exceed an additional two years
1-22 beyond the three-year limit, if the defendant fails to pay a
1-23 previously assessed fine, costs, or restitution and the judge
1-24 determines that extending the period of supervision increases the
1-25 likelihood that the defendant will fully pay the fine, costs, or
1-26 restitution. A court may extend a period of community supervision
1-27 under this section at any time during the period of supervision or,
1-28 if a motion for revocation of community supervision is filed before
1-29 the period of supervision ends, before the first anniversary of the
1-30 date on which the period of supervision expires.
1-31 SECTION 2. This Act takes effect September 1, 1997. The
1-32 change in law made by this Act applies only to a defendant placed
1-33 on community supervision after conviction of an offense committed
1-34 on or after September 1, 1997. A defendant placed on community
1-35 supervision after conviction of an offense committed before
1-36 September 1, 1997, is covered by the law in effect when the offense
1-37 was committed, and the former law is continued in effect for that
1-38 purpose. For purposes of this section, an offense was committed
1-39 before September 1, 1997, if any element of the offense occurred
1-40 before that date.
1-41 SECTION 3. The importance of this legislation and the
1-42 crowded condition of the calendars in both houses create an
1-43 emergency and an imperative public necessity that the
1-44 constitutional rule requiring bills to be read on three several
1-45 days in each house be suspended, and this rule is hereby suspended.
1-46 * * * * *