By: Bernsen S.B. No. 1647
2001S0786/1
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to payment for legal representation by persons on
1-3 community supervision.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11, Article 42.12, Code of Criminal
1-6 Procedure, is amended by amending Subsections (a) and (b) and
1-7 adding Subsection (h) to read as follows:
1-8 (a) The judge of the court having jurisdiction of the case
1-9 shall determine the conditions of community supervision and may, at
1-10 any time, during the period of community supervision alter or
1-11 modify the conditions. The judge may impose any reasonable
1-12 condition that is designed to protect or restore the community,
1-13 protect or restore the victim, or punish, rehabilitate, or reform
1-14 the defendant. Conditions of community supervision may include,
1-15 but shall not be limited to, the conditions that the defendant
1-16 shall:
1-17 (1) Commit no offense against the laws of this State
1-18 or of any other State or of the United States;
1-19 (2) Avoid injurious or vicious habits;
1-20 (3) Avoid persons or places of disreputable or harmful
1-21 character;
1-22 (4) Report to the supervision officer as directed by
1-23 the judge or supervision officer and obey all rules and regulations
1-24 of the community supervision and corrections department;
1-25 (5) Permit the supervision officer to visit him at his
2-1 home or elsewhere;
2-2 (6) Work faithfully at suitable employment as far as
2-3 possible;
2-4 (7) Remain within a specified place;
2-5 (8) Pay his fine, if one be assessed, and all court
2-6 costs whether a fine be assessed or not, in one or several sums;
2-7 (9) Support his dependents;
2-8 (10) Participate, for a time specified by the judge in
2-9 any community-based program, including a community-service work
2-10 program under Section 16 of this article;
2-11 (11) Reimburse:
2-12 (A) the county in which the prosecution was
2-13 instituted:
2-14 (i) for compensation paid to appointed
2-15 counsel for defending the defendant [him] in the case, if counsel
2-16 was appointed;[,] or
2-17 (ii) if the defendant [he] was represented
2-18 by a county-paid public defender, in an amount that would have been
2-19 paid to an appointed attorney had the county not had a public
2-20 defender; or
2-21 (B) if counsel was retained by the defendant,
2-22 the counsel the defendant retained in the case in an amount not to
2-23 exceed $50 per month during the period of community supervision;
2-24 (12) Remain under custodial supervision in a community
2-25 corrections facility, obey all rules and regulations of such
2-26 facility, and pay a percentage of his income to the facility for
3-1 room and board;
3-2 (13) Pay a percentage of his income to his dependents
3-3 for their support while under custodial supervision in a community
3-4 corrections facility;
3-5 (14) Submit to testing for alcohol or controlled
3-6 substances;
3-7 (15) Attend counseling sessions for substance abusers
3-8 or participate in substance abuse treatment services in a program
3-9 or facility approved or licensed by the Texas Commission on Alcohol
3-10 and Drug Abuse;
3-11 (16) With the consent of the victim of a misdemeanor
3-12 offense or of any offense under Title 7, Penal Code, participate in
3-13 victim-defendant mediation;
3-14 (17) Submit to electronic monitoring;
3-15 (18) Reimburse the general revenue fund for any
3-16 amounts paid from that fund to a victim, as defined by Article
3-17 56.01 of this code, of the defendant's offense or if no
3-18 reimbursement is required, make one payment to the fund in an
3-19 amount not to exceed $50 if the offense is a misdemeanor or not to
3-20 exceed $100 if the offense is a felony;
3-21 (19) Reimburse a law enforcement agency for the
3-22 analysis, storage, or disposal of raw materials, controlled
3-23 substances, chemical precursors, drug paraphernalia, or other
3-24 materials seized in connection with the offense;
3-25 (20) Pay all or part of the reasonable and necessary
3-26 costs incurred by the victim for psychological counseling made
4-1 necessary by the offense or for counseling and education relating
4-2 to acquired immune deficiency syndrome or human immunodeficiency
4-3 virus made necessary by the offense;
4-4 (21) Make one payment in an amount not to exceed $50
4-5 to a crime stoppers organization as defined by Section 414.001,
4-6 Government Code, and as certified by the Crime Stoppers Advisory
4-7 Council;
4-8 (22) Submit a blood sample or other specimen to the
4-9 Department of Public Safety under Subchapter G, Chapter 411,
4-10 Government Code, for the purpose of creating a DNA record of the
4-11 defendant; and
4-12 (23) In any manner required by the judge, provide
4-13 public notice of the offense for which the defendant was placed on
4-14 community supervision in the county in which the offense was
4-15 committed.
4-16 (b) A judge may not order a defendant to make any payments
4-17 as a term or condition of community supervision, except for fines,
4-18 court costs, restitution to the victim, attorney compensation, and
4-19 other conditions related personally to the rehabilitation of the
4-20 defendant or otherwise expressly authorized by law. The court
4-21 shall consider the ability of the defendant to make payments in
4-22 ordering the defendant to make payments under this article.
4-23 (h) Attorney compensation under Subsection (a)(11) shall be
4-24 ordered on presentment of a statement for legal services by a
4-25 defendant's counsel to the court at the time of the defendant's
4-26 sentencing. The probation department supervising the defendant
5-1 shall collect the payments ordered and disburse the money at
5-2 regular intervals.
5-3 SECTION 2. The change in law made by Section 1 of this Act
5-4 applies only to an order of community supervision entered on or
5-5 after the effective date of this Act. An order of community
5-6 supervision entered before the effective date of this Act is
5-7 covered by the law in effect when the order was entered, and the
5-8 former law is continued in effect for that purpose.
5-9 SECTION 3. This Act takes effect September 1, 2001.