1-1     By:  Hinojosa (Senate Sponsor - Nelson)               H.B. No. 2187
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on Criminal
 1-4     Justice; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to required counseling for a person placed on community
 1-9     supervision following conviction of an offense involving family
1-10     violence.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 14(c), Article 42.12, Code of Criminal
1-13     Procedure, as amended by Chapter 165, Acts of the 73rd Legislature,
1-14     Regular Session, 1993, is amended to read as follows:
1-15           (c)  If the court grants community supervision [probation] to
1-16     a person convicted of an offense involving family violence, as
1-17     defined by Section 71.004 [71.01], Family Code, the court may
1-18     require the defendant [probationer] to attend, at the direction of
1-19     the community  supervision and corrections department [probation]
1-20     officer, counseling sessions for the elimination of violent
1-21     behavior with a licensed counselor, social worker, or other
1-22     professional who has been trained in family violence intervention
1-23     or to attend a battering intervention and prevention program if
1-24     available that meets guidelines adopted by the community justice
1-25     assistance division of the Texas Department of Criminal Justice.
1-26     If the court requires the defendant [probationer] to attend
1-27     counseling or a program, the court shall require the defendant
1-28     [probationer] to begin attendance not later than the 60th day after
1-29     the date the court grants community supervision [probation], notify
1-30     the community supervision and corrections department [probation]
1-31     officer of the name, address, and phone number of the counselor or
1-32     program, and report the defendant's [probationer's] attendance to
1-33     the [probation] officer.  The court shall require the defendant
1-34     [probationer] to pay all the reasonable costs of the counseling
1-35     sessions or attendance in the program on a finding that the
1-36     defendant [probationer] is financially able to make payment.  If
1-37     the court finds the defendant [probationer] is unable to make
1-38     payment, the court shall make the counseling sessions or enrollment
1-39     in the program available without cost to the defendant
1-40     [probationer].  The court may also require the defendant
1-41     [probationer] to pay all or a part of the reasonable costs incurred
1-42     by the victim for counseling made necessary by the offense, on a
1-43     finding that the defendant [probationer] is financially able to
1-44     make payment.  The court may order the defendant [probationer] to
1-45     make payments under this subsection for a period not to exceed one
1-46     year after the date on which the order is entered.
1-47           SECTION 2.  This Act takes effect September 1, 1999.
1-48           SECTION 3.  The importance of this legislation and the
1-49     crowded condition of the calendars in both houses create an
1-50     emergency and an imperative public necessity that the
1-51     constitutional rule requiring bills to be read on three several
1-52     days in each house be suspended, and this rule is hereby suspended.
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