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.
1-53 * * * * *