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79R12352 RMB-D
By: Madden H.B. No. 1601
Substitute the following for H.B. No. 1601:
By: Keel C.S.H.B. No. 1601
A BILL TO BE ENTITLED
AN ACT
relating to the use of interpreter services in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.30, Code of Criminal Procedure, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) When a motion for appointment of an interpreter is filed
by any party or on motion of the court, in any criminal proceeding,
it is determined that a person charged or a witness does not
understand and speak the English language, an interpreter must be
sworn to interpret for the person charged or the witness [him]. Any
person may be subpoenaed, attached or recognized in any criminal
action or proceeding, to appear before the proper judge or court to
act as interpreter therein, under the same rules and penalties as
are provided for witnesses. In the event that the only available
interpreter is not considered to possess adequate interpreting
skills for the particular situation or the interpreter is not
familiar with use of slang, the person charged or witness may be
permitted by the court to nominate another person to act as
intermediary between the person charged or witness [himself] and
the appointed interpreter during the proceedings.
(a-1) A qualified telephone interpreter may be sworn to
interpret for the person in the trial of a Class C misdemeanor or a
proceeding before a magistrate if an interpreter is not available
to appear in person before the court or if the only available
interpreter is not considered to possess adequate interpreting
skills for the particular situation or is unfamiliar with the use of
slang. In this subsection, "qualified telephone interpreter" means
a telephone service that employs licensed court interpreters as
defined by Section 57.001, Government Code.
(b) Except as provided by Subsection (c) of this article,
interpreters appointed under the terms of this article will receive
from the general fund of the county for their services a sum not to
exceed $100 a day as follows: interpreters shall be paid not less
than $15 nor more than $100 a day at the discretion of the judge
presiding, and when travel of the interpreter is involved all the
actual expenses of travel, lodging, and meals incurred by the
interpreter pertaining to the case the interpreter [he] is
appointed to serve shall be paid at the same rate applicable to
state employees.
SECTION 2. 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;
(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 crime stoppers organization as defined by Section 414.001,
Government Code, and as certified by the Crime Stoppers Advisory
Council;
(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; and
(24) Reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case.
SECTION 3. Section 11(a), Article 42.12, Code of Criminal
Procedure, as amended 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 governed by the law in effect on the
date the defendant was placed on community supervision, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.