By Crabb H.B. No. 1162
76R1920 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a judge to require certain public
1-3 notice as a condition of community supervision.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) The judge of the court having jurisdiction of the case
1-8 shall determine the conditions of community supervision and may, at
1-9 any time, during the period of community supervision alter or
1-10 modify the conditions. The judge may impose any reasonable
1-11 condition that is designed to protect or restore the community,
1-12 protect or restore the victim, or punish, rehabilitate, or reform
1-13 the defendant. Conditions of community supervision may include,
1-14 but shall not be limited to, the conditions that the defendant
1-15 shall:
1-16 (1) Commit no offense against the laws of this State
1-17 or of any other State or of the United States;
1-18 (2) Avoid injurious or vicious habits;
1-19 (3) Avoid persons or places of disreputable or harmful
1-20 character;
1-21 (4) Report to the supervision officer as directed by
1-22 the judge or supervision officer and obey all rules and regulations
1-23 of the community supervision and corrections department;
1-24 (5) Permit the supervision officer to visit him at his
2-1 home or elsewhere;
2-2 (6) Work faithfully at suitable employment as far as
2-3 possible;
2-4 (7) Remain within a specified place;
2-5 (8) Pay his fine, if one be assessed, and all court
2-6 costs whether a fine be assessed or not, in one or several sums;
2-7 (9) Support his dependents;
2-8 (10) Participate, for a time specified by the judge in
2-9 any community-based program, including a community-service work
2-10 program under Section 16 of this article;
2-11 (11) Reimburse the county in which the prosecution was
2-12 instituted for compensation paid to appointed counsel for defending
2-13 him in the case, if counsel was appointed, or if he was represented
2-14 by a county-paid public defender, in an amount that would have been
2-15 paid to an appointed attorney had the county not had a public
2-16 defender;
2-17 (12) Remain under custodial supervision in a community
2-18 corrections facility, obey all rules and regulations of such
2-19 facility, and pay a percentage of his income to the facility for
2-20 room and board;
2-21 (13) Pay a percentage of his income to his dependents
2-22 for their support while under custodial supervision in a community
2-23 corrections facility;
2-24 (14) Submit to testing for alcohol or controlled
2-25 substances;
2-26 (15) Attend counseling sessions for substance abusers
2-27 or participate in substance abuse treatment services in a program
3-1 or facility approved or licensed by the Texas Commission on Alcohol
3-2 and Drug Abuse;
3-3 (16) With the consent of the victim of a misdemeanor
3-4 offense or of any offense under Title 7, Penal Code, participate in
3-5 victim-defendant mediation;
3-6 (17) Submit to electronic monitoring;
3-7 (18) Reimburse the general revenue fund for any
3-8 amounts paid from that fund to a victim, as defined by Article
3-9 56.01 of this code, of the defendant's offense or if no
3-10 reimbursement is required, make one payment to the fund in an
3-11 amount not to exceed $50 if the offense is a misdemeanor or not to
3-12 exceed $100 if the offense is a felony;
3-13 (19) Reimburse a law enforcement agency for the
3-14 analysis, storage, or disposal of raw materials, controlled
3-15 substances, chemical precursors, drug paraphernalia, or other
3-16 materials seized in connection with the offense;
3-17 (20) Pay all or part of the reasonable and necessary
3-18 costs incurred by the victim for psychological counseling made
3-19 necessary by the offense or for counseling and education relating
3-20 to acquired immune deficiency syndrome or human immunodeficiency
3-21 virus made necessary by the offense;
3-22 (21) Make one payment in an amount not to exceed $50
3-23 to a crime stoppers organization as defined by Section 414.001,
3-24 Government Code, and as certified by the Crime Stoppers Advisory
3-25 Council; [and]
3-26 (22) Submit a blood sample or other specimen to the
3-27 Department of Public Safety under Subchapter G, Chapter 411,
4-1 Government Code, for the purpose of creating a DNA record of the
4-2 defendant; and
4-3 (23) In any manner required by the judge, provide
4-4 public notice of the offense for which the defendant was placed on
4-5 community supervision in the county in which the offense was
4-6 committed.
4-7 SECTION 2. This Act takes effect September 1, 1999.
4-8 SECTION 3. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.