By Hinojosa H.B. No. 2187
76R7774 GWK-D
A BILL TO BE ENTITLED
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.