1-1 By: Crabb, Culberson, Dutton, Bailey H.B. No. 1162
1-2 (Senate Sponsor - Brown)
1-3 (In the Senate - Received from the House April 26, 1999;
1-4 April 27, 1999, read first time and referred to Committee on
1-5 Criminal Justice; May 10, 1999, reported favorably by the following
1-6 vote: Yeas 7, Nays 0; May 10, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the authority of a judge to require certain public
1-10 notice as a condition of community supervision.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 11(a), Article 42.12, Code of Criminal
1-13 Procedure, is amended to read as follows:
1-14 (a) The judge of the court having jurisdiction of the case
1-15 shall determine the conditions of community supervision and may, at
1-16 any time, during the period of community supervision alter or
1-17 modify the conditions. The judge may impose any reasonable
1-18 condition that is designed to protect or restore the community,
1-19 protect or restore the victim, or punish, rehabilitate, or reform
1-20 the defendant. Conditions of community supervision may include,
1-21 but shall not be limited to, the conditions that the defendant
1-22 shall:
1-23 (1) Commit no offense against the laws of this State
1-24 or of any other State or of the United States;
1-25 (2) Avoid injurious or vicious habits;
1-26 (3) Avoid persons or places of disreputable or harmful
1-27 character;
1-28 (4) Report to the supervision officer as directed by
1-29 the judge or supervision officer and obey all rules and regulations
1-30 of the community supervision and corrections department;
1-31 (5) Permit the supervision officer to visit him at his
1-32 home or elsewhere;
1-33 (6) Work faithfully at suitable employment as far as
1-34 possible;
1-35 (7) Remain within a specified place;
1-36 (8) Pay his fine, if one be assessed, and all court
1-37 costs whether a fine be assessed or not, in one or several sums;
1-38 (9) Support his dependents;
1-39 (10) Participate, for a time specified by the judge in
1-40 any community-based program, including a community-service work
1-41 program under Section 16 of this article;
1-42 (11) Reimburse the county in which the prosecution was
1-43 instituted for compensation paid to appointed counsel for defending
1-44 him in the case, if counsel was appointed, or if he was represented
1-45 by a county-paid public defender, in an amount that would have been
1-46 paid to an appointed attorney had the county not had a public
1-47 defender;
1-48 (12) Remain under custodial supervision in a community
1-49 corrections facility, obey all rules and regulations of such
1-50 facility, and pay a percentage of his income to the facility for
1-51 room and board;
1-52 (13) Pay a percentage of his income to his dependents
1-53 for their support while under custodial supervision in a community
1-54 corrections facility;
1-55 (14) Submit to testing for alcohol or controlled
1-56 substances;
1-57 (15) Attend counseling sessions for substance abusers
1-58 or participate in substance abuse treatment services in a program
1-59 or facility approved or licensed by the Texas Commission on Alcohol
1-60 and Drug Abuse;
1-61 (16) With the consent of the victim of a misdemeanor
1-62 offense or of any offense under Title 7, Penal Code, participate in
1-63 victim-defendant mediation;
1-64 (17) Submit to electronic monitoring;
2-1 (18) Reimburse the general revenue fund for any
2-2 amounts paid from that fund to a victim, as defined by Article
2-3 56.01 of this code, of the defendant's offense or if no
2-4 reimbursement is required, make one payment to the fund in an
2-5 amount not to exceed $50 if the offense is a misdemeanor or not to
2-6 exceed $100 if the offense is a felony;
2-7 (19) Reimburse a law enforcement agency for the
2-8 analysis, storage, or disposal of raw materials, controlled
2-9 substances, chemical precursors, drug paraphernalia, or other
2-10 materials seized in connection with the offense;
2-11 (20) Pay all or part of the reasonable and necessary
2-12 costs incurred by the victim for psychological counseling made
2-13 necessary by the offense or for counseling and education relating
2-14 to acquired immune deficiency syndrome or human immunodeficiency
2-15 virus made necessary by the offense;
2-16 (21) Make one payment in an amount not to exceed $50
2-17 to a crime stoppers organization as defined by Section 414.001,
2-18 Government Code, and as certified by the Crime Stoppers Advisory
2-19 Council; [and]
2-20 (22) Submit a blood sample or other specimen to the
2-21 Department of Public Safety under Subchapter G, Chapter 411,
2-22 Government Code, for the purpose of creating a DNA record of the
2-23 defendant; and
2-24 (23) In any manner required by the judge, provide
2-25 public notice of the offense for which the defendant was placed on
2-26 community supervision in the county in which the offense was
2-27 committed.
2-28 SECTION 2. This Act takes effect September 1, 1999.
2-29 SECTION 3. The importance of this legislation and the
2-30 crowded condition of the calendars in both houses create an
2-31 emergency and an imperative public necessity that the
2-32 constitutional rule requiring bills to be read on three several
2-33 days in each house be suspended, and this rule is hereby suspended.
2-34 * * * * *