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79R1114 MFC-D
By: Whitmire S.B. No. 1261
A BILL TO BE ENTITLED
AN ACT
relating to the maximum period of community supervision imposed for
the commission of a felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(b) In [Except as provided by Subsection (f), in] a felony
case the minimum period of community supervision is the same as the
minimum term of imprisonment applicable to the offense and the
maximum period of community supervision is five [10] years, except
that the judge may impose a maximum of five one-year extensions for
good cause. The judge may not impose more than one extension per
hearing held under Section 21.
SECTION 2. Section 5(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsection (d) of this section,
when in the judge's opinion the best interest of society and the
defendant will be served, the judge may, after receiving a plea of
guilty or plea of nolo contendere, hearing the evidence, and
finding that it substantiates the defendant's guilt, defer further
proceedings without entering an adjudication of guilt, and place
the defendant on community supervision. A judge may place on
community supervision under this section a defendant charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Section 13B(b) of this article, only if the
judge makes a finding in open court that placing the defendant on
community supervision is in the best interest of the victim. The
failure of the judge to find that deferred adjudication is in the
best interest of the victim is not grounds for the defendant to set
aside the plea, deferred adjudication, or any subsequent conviction
or sentence. After placing the defendant on community supervision
under this section, the judge shall inform the defendant orally or
in writing of the possible consequences under Subsection (b) of
this section of a violation of community supervision. If the
information is provided orally, the judge must record and maintain
the judge's statement to the defendant. The failure of a judge to
inform a defendant of possible consequences under Subsection (b) of
this section is not a ground for reversal unless the defendant shows
that he was harmed by the failure of the judge to provide the
information. In a felony case, the period of community supervision
may not exceed five [10] years, except that the judge may impose a
maximum of five one-year extensions for good cause. The judge may
not impose more than one extension per hearing held under Section
21. [For a defendant charged with a felony under Section 21.11,
22.011, or 22.021, Penal Code, regardless of the age of the victim,
and for a defendant charged with a felony described by Section
13B(b) of this article, the period of community supervision may not
be less than five years.] In a misdemeanor case, the period of
community supervision may not exceed two years. A judge may
increase the maximum period of community supervision in the manner
provided by Section 22(c) or 22A of this article. The judge may
impose a fine applicable to the offense and require any reasonable
conditions of community supervision, including mental health
treatment under Section 11(d) of this article, that a judge could
impose on a defendant placed on community supervision for a
conviction that was probated and suspended, including confinement.
The provisions of Section 15 of this article specifying whether a
defendant convicted of a state jail felony is to be confined in a
county jail or state jail felony facility and establishing the
minimum and maximum terms of confinement as a condition of
community supervision apply in the same manner to a defendant
placed on community supervision after pleading guilty or nolo
contendere to a state jail felony. However, upon written motion of
the defendant requesting final adjudication filed within 30 days
after entering such plea and the deferment of adjudication, the
judge shall proceed to final adjudication as in all other cases.
SECTION 3. Section 15(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(b) 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 impose a maximum of five one-year
extensions for good cause. The judge may not impose more than one
extension per hearing held under Section 21 [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 4. 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 five [10] years [and],
except that the judge may impose a maximum of five one-year
extensions for good cause. The judge may not impose more than one
extension per hearing held under Section 21. Except [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 5. Sections 1, 3(f), and 22A, Article 42.12, Code of
Criminal Procedure, are repealed.
SECTION 6. (a) Except as provided by Subsection (b), the
change in law made by this Act applies to any defendant who is on
community supervision on or after the effective date of this Act,
regardless of when the defendant was placed on community
supervision.
(b) The changes in law made by this Act to Sections 3(b) and
5(a), Article 42.12, Code of Criminal Procedure, reducing the
maximum period of community supervision, apply only to a defendant
placed on community supervision on or after the effective date of
this Act.
SECTION 7. This Act takes effect September 1, 2005.