79R231 KEL-F
By: Smith of Tarrant H.B. No. 2929
A BILL TO BE ENTITLED
AN ACT
relating to the payment of fines, court costs, and restitution
imposed on a defendant in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.037(g), Code of Criminal Procedure,
is amended to read as follows:
(g)(1) The court may require a defendant to make restitution
under this article within a specified period or in specified
installments.
[(2)] The end of the period or the last installment may
not be later than:
(A) the end of the period of community
supervision [probation], if community supervision [probation] is
ordered;
(B) five years after the end of the term of
imprisonment imposed, if the court does not order community
supervision [probation]; or
(C) five years after the date of sentencing in
any other case.
(2) The court may require a defendant to report to an
in-house or other collection department to establish an agreement
to make restitution under this article.
(3) If the court does not provide otherwise, the
defendant shall make restitution immediately.
(4) Except as provided by Subsection (n), the order of
restitution must require the defendant to make restitution directly
to the victim or other person eligible for restitution under this
article or to deliver the amount or property due as restitution to a
community supervision and corrections department for transfer to
the victim or person.
SECTION 2. Section 5(c), Article 42.12, Code of Criminal
Procedure, is 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, except that the judge may
not dismiss the proceedings and discharge a defendant under this
subsection if the defendant fails to pay a previously assessed
fine, costs, or restitution and the judge determines that
continuing the period of supervision increases the likelihood that
the defendant will fully pay the fine, costs, or restitution. 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 or a defendant who fails
to fully pay any applicable fine, costs, or restitution the
defendant has the ability and is likely to pay[, 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. The judge may not dismiss the proceedings and discharge
a defendant charged with an offense requiring the defendant to
register under Chapter 62, or discharge a defendant who fails to
fully pay any applicable fine, costs, or restitution the defendant
has the ability and is likely to pay [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.
SECTION 3. Section 15(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(b)(1) The minimum period of community supervision a judge
may impose under this section is 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
or to the period required by Subdivision (2). 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.
(2) The judge shall extend the period of community
supervision under this section for any period the judge determines
is necessary if:
(A) the defendant fails to pay a previously
assessed fine, costs, or restitution; and
(B) the judge determines that extending the
period of supervision increases the likelihood that the defendant
will fully pay the fine, costs, or restitution.
SECTION 4. Section 20(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) At any time, after the defendant has satisfactorily
completed one-third of the original community supervision period or
two years of community supervision, whichever is less, the period
of community supervision may be reduced or terminated by the judge,
except that the judge may not reduce or terminate the period of
community supervision under this subsection if the defendant fails
to pay a previously assessed fine, costs, or restitution and the
judge determines that continuing the period of supervision
increases the likelihood that the defendant will fully pay the
fine, costs, or restitution. Upon the satisfactory fulfillment of
the conditions of community supervision, the full payment of any
applicable fine, costs, or restitution the defendant has the
ability and is likely to pay, and the expiration of the period of
community supervision, the judge, by order duly entered, shall
amend or modify the original sentence imposed, if necessary, to
conform to the community supervision period and shall discharge the
defendant. If the judge discharges the defendant under this
section, the judge may set aside the verdict or permit the defendant
to withdraw his plea, and shall dismiss the accusation, complaint,
information or indictment against the defendant, who shall
thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he has been convicted
or to which he has pleaded guilty, except that:
(1) proof of the conviction or plea of guilty shall be
made known to the judge should the defendant again be convicted of
any criminal offense; and
(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 under this
article in issuing, renewing, denying, or revoking a license under
that chapter.
SECTION 5. 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, except as
otherwise provided by this subsection. The judge shall [may]
extend the period of community supervision in a misdemeanor or
first, second, or third degree felony 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 6. Section 22A(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) A judge may extend a period of community supervision
under this section only once; however, the judge may extend a
period of community supervision for a defendant under both Section
22(c) and this section, and the general prohibition in Section
22(c) against a period of community supervision in a felony case
exceeding 10 years does not apply to a defendant for whom community
supervision is increased under this section or under both Section
22(c) and this section.
SECTION 7. Article 42.15(b), Code of Criminal Procedure, is
amended to read as follows:
(b) When imposing a fine and costs a court may direct a
defendant:
(1) to pay the entire fine and costs when sentence is
pronounced; [or]
(2) to pay the entire fine and costs at some later
date; [or]
(3) to pay a specified portion of the fine and costs at
designated intervals; or
(4) to report to an in-house or other collection
department to establish an agreement to pay the fine and costs.
SECTION 8. Section 508.155(c), Government Code, is amended
to read as follows:
(c) The division may allow a releasee to serve the remainder
of the releasee's sentence without supervision and without being
required to report if:
(1) the releasee has been under supervision for at
least one-half of the time that remained on the releasee's sentence
when the releasee was released from imprisonment;
(2) during the period of supervision the releasee's
parole or release to mandatory supervision has not been revoked;
and
(3) the division determines:
(A) that the releasee has made a good faith
effort to comply with any court [restitution] order requiring
[imposed on] the releasee to pay a fine, court costs, or restitution
[by a court]; and
(B) that allowing the releasee to serve the
remainder of the releasee's sentence without supervision and
reporting is in the best interest of society.
SECTION 9. (a) Except as provided by Subsection (b), the
change in law made by this Act applies only to a person placed on
community supervision, released on parole, or released to mandatory
supervision for an offense committed on or after the effective date
of this Act. A person placed on community supervision, released on
parole, or released to mandatory supervision for an offense that
was committed before the effective date of this Act is governed by
the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose.
(b) The change in law made by this Act in amending Articles
42.037 and 42.15, Code of Criminal Procedure, applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose.
(c) For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
was committed before that date.
SECTION 10. This Act takes effect September 1, 2005.