By:  Whitmire                                                     S.B. No. 1881
	(In the Senate - Filed March 25, 2003; March 26, 2003, read 
first time and referred to Committee on Criminal Justice; 
May 21, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 4, Nays 0; May 21, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1881                                   By:  Whitmire


A BILL TO BE ENTITLED

AN ACT


relating to a payment to a law enforcement and firefighter support 
organization as a condition of community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 11, 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;
		(5)  Permit the supervision officer to visit him at his 
home or elsewhere;  
		(6)  Work faithfully at suitable employment as far as 
possible;             
		(7)  Remain within a specified place;                                         
		(8)  Pay his fine, if one be assessed, and all court 
costs whether a fine be assessed or not, in one or several sums;
		(9)  Support his dependents;                                                  
		(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;
		(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;
		(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;
		(13)  Pay a percentage of his income to his dependents 
for their support while under custodial supervision in a community 
corrections facility;
		(14)  Submit to testing for alcohol or controlled 
substances;               
		(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;
		(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;
		(17)  Submit to electronic monitoring;                                        
		(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;
		(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;
		(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;
		(21)  Make one payment in an amount not to exceed $50 
to:            
			(A)  a crime stoppers organization as defined by 
Section 414.001, Government Code, and as certified by the Crime 
Stoppers Advisory Council; or
			(B)  a nonprofit organization that provides 
financial assistance to dependents of certified peace officers and 
firefighters who are killed in the line of duty and that serves the 
county in which the court is located;
		(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
		(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 2.  This Act takes effect September 1, 2003.                           



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