By Allen H.B. No. 3577
75R11855 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain fees a judge may impose on a defendant 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 19(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) Except as otherwise provided by this subsection, a judge
1-8 granting community supervision shall fix a fee of not less than $25
1-9 and not more than $90 [$40] per month to be paid to the court by
1-10 the defendant during the community supervision period. The judge
1-11 may make payment of the fee a condition of granting or continuing
1-12 the community supervision. The judge may waive or reduce the fee
1-13 or suspend a monthly payment of the fee if the defendant
1-14 demonstrates to the judge specific facts indicating [determines]
1-15 that payment of the fee would cause the defendant a significant
1-16 financial hardship.
1-17 SECTION 2. This Act takes effect September 1, 1997. The
1-18 change in law made by this Act applies to the imposition of a fee
1-19 on a defendant placed on community supervision for an offense
1-20 committed on or after the effective date of this Act. The
1-21 imposition of a fee on a defendant placed on community supervision
1-22 for an offense committed before the effective date of this Act is
1-23 covered by the law in effect when the offense was committed, and
1-24 the former law continues in effect for that purpose. For purposes
2-1 of this section, an offense was committed before the effective date
2-2 of this Act if any element of the offense occurred before that
2-3 date.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.