1-1                                   AN ACT
 1-2     relating to required counseling for a person placed on community
 1-3     supervision following conviction of an offense involving family
 1-4     violence.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 14(c), Article 42.12, Code of Criminal
 1-7     Procedure, as amended by Chapter 165, Acts of the 73rd Legislature,
 1-8     Regular Session, 1993, is amended to read as follows:
 1-9           (c)  If the court grants community supervision [probation] to
1-10     a person convicted of an offense involving family violence, as
1-11     defined by Section 71.004 [71.01], Family Code, the court may
1-12     require the defendant [probationer] to attend, at the direction of
1-13     the community  supervision and corrections department [probation]
1-14     officer, counseling sessions for the elimination of violent
1-15     behavior with a licensed counselor, social worker, or other
1-16     professional who has been trained in family violence intervention
1-17     or to attend a battering intervention and prevention program if
1-18     available that meets guidelines adopted by the community justice
1-19     assistance division of the Texas Department of Criminal Justice.
1-20     If the court requires the defendant [probationer] to attend
1-21     counseling or a program, the court shall require the defendant
1-22     [probationer] to begin attendance not later than the 60th day after
1-23     the date the court grants community supervision [probation], notify
1-24     the community supervision and corrections department [probation]
 2-1     officer of the name, address, and phone number of the counselor or
 2-2     program, and report the defendant's [probationer's] attendance to
 2-3     the [probation] officer.  The court shall require the defendant
 2-4     [probationer] to pay all the reasonable costs of the counseling
 2-5     sessions or attendance in the program on a finding that the
 2-6     defendant [probationer] is financially able to make payment.  If
 2-7     the court finds the defendant [probationer] is unable to make
 2-8     payment, the court shall make the counseling sessions or enrollment
 2-9     in the program available without cost to the defendant
2-10     [probationer].  The court may also require the defendant
2-11     [probationer] to pay all or a part of the reasonable costs incurred
2-12     by the victim for counseling made necessary by the offense, on a
2-13     finding that the defendant [probationer] is financially able to
2-14     make payment.  The court may order the defendant [probationer] to
2-15     make payments under this subsection for a period not to exceed one
2-16     year after the date on which the order is entered.
2-17           SECTION 2.  This Act takes effect September 1, 1999.
2-18           SECTION 3.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2187 was passed by the House on May
         4, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2187 was passed by the Senate on May
         24, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor