78R7062 GWK-F
By: Hodge H.B. No. 1714
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for community supervision, the conditions
of supervision, and the duration of the period of community
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3g(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) The provisions of Section 3 of this article do not
apply:
(1) to a defendant adjudged guilty of an offense
under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency
with a child);
(D) Section 20.04, Penal Code (Aggravated
kidnapping);
(E) Section 22.021, Penal Code (Aggravated
sexual assault);
(F) Section 29.03, Penal Code (Aggravated
robbery); or
(G) [Chapter 481, Health and Safety Code, for
which punishment is increased under:
[(i) Section 481.140, Health and Safety
Code; or
[(ii) Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections; or
[(H)] Section 22.011, Penal Code (Sexual
assault); or
(2) to a defendant when it is shown that a deadly
weapon as defined in Section 1.07, Penal Code, was used or
exhibited during the commission of a felony offense or during
immediate flight therefrom, and that the defendant used or
exhibited the deadly weapon or was a party to the offense and knew
that a deadly weapon would be used or exhibited. On an affirmative
finding under this subdivision, the trial court shall enter the
finding in the judgment of the court. On an affirmative finding
that the deadly weapon was a firearm, the court shall enter that
finding in its judgment.
SECTION 2. Section 4(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years; or
(2) is sentenced to serve a term of confinement under
Section 12.35, Penal Code[;
[(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true; or
[(4) is adjudged guilty of an offense for which
punishment is increased under Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any one of those subsections].
SECTION 3. Sections 5(c) and (d), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
(c) On expiration of a community supervision period imposed
under Subsection (a) of this section, if the judge has not proceeded
to adjudication of guilt, the judge shall dismiss the proceedings
against the defendant and discharge him. The judge may dismiss the
proceedings and discharge a defendant, other than a defendant
charged with an offense requiring the defendant to register as a sex
offender under Chapter 62, [as added by Chapter 668, Acts of the
75th Legislature, Regular Session, 1997,] prior to the expiration
of the term of community supervision if in the judge's opinion the
best interest of society and the defendant will be served. At least
annually for a defendant who has not violated a condition of
community supervision in the preceding year, the judge who placed
the defendant on community supervision shall review and consider
the defendant for early dismissal and discharge under this
subsection. The judge may not dismiss the proceedings and
discharge a defendant charged with an offense requiring the
defendant to register under Chapter 62[, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997]. Except as
provided by Section 12.42(g), Penal Code, a dismissal and discharge
under this section may not be deemed a conviction for the purposes
of disqualifications or disabilities imposed by law for conviction
of an offense. For any defendant who receives a dismissal and
discharge under this section:
(1) upon conviction of a subsequent offense, the fact
that the defendant had previously received community supervision
with a deferred adjudication of guilt shall be admissible before
the court or jury to be considered on the issue of penalty;
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision with a
deferred adjudication of guilt under this section in issuing,
renewing, denying, or revoking a license under that chapter; and
(3) if the defendant is a person who has applied for
registration to provide mental health or medical services for the
rehabilitation of sex offenders, the Interagency Council on Sex
Offender Treatment may consider the fact that the defendant has
received community supervision under this section in issuing,
renewing, denying, or revoking a license or registration issued by
that council.
(d) In all other cases the judge may grant deferred
adjudication unless:
(1) the defendant is charged with an offense[:
[(A)] under Section [49.04, 49.05, 49.06,]
49.07[,] or 49.08, Penal Code; or
[(B) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections; or]
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Section 13B(b) of this article; and
(B) has previously been placed on community
supervision for any offense under Paragraph (A) of this
subdivision.
SECTION 4. Section 6(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) For the purposes of this section, the jurisdiction of a
court in which a sentence requiring imprisonment in the
institutional division of the Texas Department of Criminal Justice
is imposed by the judge of the court shall continue for 180 days
from the date the execution of the sentence actually begins. Before
the expiration of 180 days from the date the execution of the
sentence actually begins, the judge of the court that imposed such
sentence may on his own motion, on the motion of the attorney
representing the state, or on the written motion of the defendant,
suspend further execution of the sentence and place the defendant
on community supervision under the terms and conditions of this
article, if in the opinion of the judge the defendant would not
benefit from further imprisonment and[:
[(1)] the defendant is otherwise eligible for
community supervision under this article[; and
[(2) the defendant had never before been incarcerated
in a penitentiary serving a sentence for a felony].
SECTION 5. Section 11(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) The judge of the court having jurisdiction of the case
shall determine the conditions of community supervision and may, at
any time, during the period of community supervision alter or
modify the conditions. The judge may impose any reasonable
condition that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform
the defendant. Conditions of community supervision may include,
but shall not be limited to, the conditions that the defendant
shall:
(1) Commit no offense against the laws of this State or
of any other State or of the United States;
(2) [Avoid injurious or vicious habits;
[(3) Avoid persons or places of disreputable or
harmful character;
[(4)] Report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(3) [(5)] Permit the supervision officer to visit him
at his home or elsewhere;
(4) [(6)] Work faithfully at suitable employment as
far as possible;
(5) [(7)] Remain within a specified place;
(6) [(8)] Pay his fine, if one be assessed, and all
court costs whether a fine be assessed or not, in one or several
sums;
(7) [(9)] Support his dependents;
(8) [(10)] Participate, for a time specified by the
judge in any community-based program, including a
community-service work program under Section 16 of this article;
(9) [(11)] Reimburse the county in which the
prosecution was instituted for compensation paid to appointed
counsel for defending him in the case, if counsel was appointed, or
if he was represented by a county-paid public defender, in an amount
that would have been paid to an appointed attorney had the county
not had a public defender;
(10) [(12)] Remain under custodial supervision in a
community corrections facility, obey all rules and regulations of
such facility, and pay a percentage of his income to the facility
for room and board;
(11) [(13)] Pay a percentage of his income to his
dependents for their support while under custodial supervision in a
community corrections facility;
(12) [(14)] Submit to testing for alcohol or
controlled substances;
(13) [(15)] Attend counseling sessions for substance
abusers or participate in substance abuse treatment services in a
program or facility approved or licensed by the Texas Commission on
Alcohol and Drug Abuse;
(14) [(16)] With the consent of the victim of a
misdemeanor offense or of any offense under Title 7, Penal Code,
participate in victim-defendant mediation;
(15) [(17)] Submit to electronic monitoring;
(16) [(18)] Reimburse the general revenue fund for any
amounts paid from that fund to a victim, as defined by Article 56.01
of this code, of the defendant's offense or if no reimbursement is
required, make one payment to the fund in an amount not to exceed
$50 if the offense is a misdemeanor or not to exceed $100 if the
offense is a felony;
(17) [(19)] Reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(18) [(20)] Pay all or part of the reasonable and
necessary costs incurred by the victim for psychological counseling
made necessary by the offense or for counseling and education
relating to acquired immune deficiency syndrome or human
immunodeficiency virus made necessary by the offense;
(19) [(21)] Make one payment in an amount not to
exceed $50 to a crime stoppers organization as defined by Section
414.001, Government Code, and as certified by the Crime Stoppers
Advisory Council;
(20) [(22)] Submit a blood sample or other specimen to
the Department of Public Safety under Subchapter G, Chapter 411,
Government Code, for the purpose of creating a DNA record of the
defendant; and
(21) [(23)] In any manner required by the judge,
provide public notice of the offense for which the defendant was
placed on community supervision in the county in which the offense
was committed.
SECTION 6. Sections 15(a) and (b), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
(a) On conviction of a state jail felony punished under
Section 12.35(a), Penal Code, the judge may suspend the imposition
of the sentence and place the defendant on community supervision or
may order the sentence to be executed. The judge may suspend in
whole or in part the imposition of any fine imposed on conviction.
A jury that imposes confinement as punishment for a state jail
felony may recommend to the judge that the judge suspend the
imposition of the sentence and place the defendant on community
supervision. A judge shall suspend the imposition of the sentence
and place the defendant on community supervision if the jury makes
that recommendation in the verdict.
(b) The minimum period of community supervision a judge may
impose under this section is one year [two years]. The maximum
period of community supervision a judge may impose under this
section is five years[, except that the judge may extend the maximum
period of community supervision under this section to not more than
10 years]. A judge may extend a period of community supervision
under this section at any time during the period of community
supervision, or if a motion for revocation of community supervision
is filed before the period of community supervision ends, before
the first anniversary of the expiration of the period of community
supervision.
SECTION 7. Section 15(h)(2), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(2) A judge shall [may] credit against any time a
defendant is required to serve in a state jail felony facility time
served by the defendant in county jail from the time of the
defendant's arrest and confinement until sentencing by the trial
court.
SECTION 8. Section 15A, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 15A. ENHANCED DISORDERLY CONDUCT AND PUBLIC
INTOXICATION OFFENSES. On conviction of an offense for which
punishment is enhanced under Section 12.43(c), Penal Code, the
court may suspend the imposition of the sentence and place the
defendant on community supervision if the court finds that the
defendant would benefit from community supervision and enters its
finding on the record. The judge may suspend in whole or in part the
imposition of any fine imposed on conviction. All provisions of
this article applying to a defendant placed on community
supervision for a misdemeanor apply to a defendant placed on
community supervision under this section, except that the court may
[shall] require the defendant as a condition of community
supervision to:
(1) submit to diagnostic testing for addiction to
alcohol or a controlled substance or drug;
(2) submit to a psychological assessment;
(3) if indicated as necessary by testing and
assessment, participate in an alcohol or drug abuse treatment or
education program; and
(4) pay the costs of testing, assessment, and
treatment or education, either directly or as a court cost.
SECTION 9. Section 20, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (c) to read as follows:
(c) Not later than the 90th day after the date a defendant
becomes eligible under Subsection (a) for reduction or termination
of community supervision, the judge who placed the defendant on
community supervision shall review and consider the defendant for
reduction or termination of community supervision. If supervision
is not reduced or terminated following the initial review under
this subsection, the judge shall repeat the review immediately
following each 12-month period in which the defendant has not
violated a condition of community supervision.
SECTION 10. Section 22(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) The judge may extend a period of community supervision
under this section as often as the judge determines is necessary,
but the period of community supervision in a first, second, or third
degree felony case may not exceed 10 years and, except as otherwise
provided by this subsection, the period of community supervision in
a misdemeanor case may not exceed three years. [The judge may
extend the period of community supervision in a misdemeanor case
for any period the judge determines is necessary, not to exceed an
additional two years beyond the three-year limit, if the defendant
fails to pay a previously assessed fine, costs, or restitution and
the judge determines that extending the period of supervision
increases the likelihood that the defendant will fully pay the
fine, costs, or restitution.] A court may extend a period of
community supervision under this section at any time during the
period of supervision or, if a motion for revocation of community
supervision is filed before the period of supervision ends, before
the first anniversary of the date on which the period of supervision
expires.
SECTION 11. Section 4(e), Article 42.12, Code of Criminal
Procedure, is repealed.
SECTION 12. The change in law made by this Act applies only
to a defendant placed on community supervision on or after the
effective date of this Act. A defendant placed on community
supervision before the effective date of this Act is covered by the
law in effect when the defendant was placed on community
supervision, and the former law is continued in effect for that
purpose.
SECTION 13. This Act takes effect September 1, 2003.