|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the burden of proof in a community supervision |
|
revocation hearing regarding a defendant's ability to make certain |
|
court-ordered payments. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 21(c), Article 42.12, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(c) In a community supervision revocation hearing at which |
|
it is alleged only that the defendant violated the conditions of |
|
community supervision by failing to pay compensation paid to |
|
appointed counsel, community supervision fees, or court costs, |
|
[restitution, or reparations,] the state must prove by a |
|
preponderance of the evidence that [inability of] the defendant was |
|
able to pay and did not pay as ordered by the judge [is an
|
|
affirmative defense to revocation, which the defendant must prove
|
|
by a preponderance of evidence]. |
|
SECTION 2. The change in law made by this Act applies only |
|
to a community supervision revocation hearing held on or after the |
|
effective date of this Act. |
|
SECTION 3. This Act takes effect September 1, 2007. |