80R4034 PEP-D
 
  By: Haggerty H.B. No. 1510
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the minimum and maximum terms of community supervision
for a defendant charged with 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)  The [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 in a felony case is five
[10] years.
       SECTION 2.  Section 4(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
       (b)  If the jury recommends to the judge that the judge place
the defendant on community supervision, the judge shall place the
defendant on community supervision for any period permitted under
Section 3(b) or 3(c) [of this article], as appropriate, except that
in a felony case described by Section 3g, the maximum period of
community supervision is 10 years.
       SECTION 3.  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 the defendant [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
in a felony case described by Section 3g, the period of community
supervision may not exceed 10 years. [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 4.  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 stated in the record of the case. The
judge may not impose more than one extension per hearing held under
Section 21 [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 5.  Sections 22(a) and (c), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
       (a)  If after a hearing under Section 21 [of this article] a
judge continues or modifies community supervision after
determining that the defendant violated a condition of community
supervision, the judge may impose any other conditions the judge
determines are appropriate, including:
             (1)  a requirement that the defendant perform community
service for a number of hours specified by the court under Section
16 [of this article], or an increase in the number of hours that the
defendant has previously been required to perform under those
sections in an amount not to exceed double the number of hours
permitted by Section 16;
             (2)  an increase in the period of community
supervision, in the manner described by Subsection (c) [(b) of this
section];
             (3)  an increase in the defendant's fine, in the manner
described by Subsection (d) [of this section]; or
             (4)  the placement of the defendant in a substance
abuse felony punishment program operated under Section 493.009,
Government Code, if:
                   (A)  the defendant is convicted of a felony other
than:
                         (i)  a felony under Section 21.11, 22.011,
or 22.021, Penal Code; or
                         (ii)  criminal attempt of a felony under
Section 21.11, 22.011, or 22.021, Penal Code; and
                   (B)  the judge makes an affirmative finding that:
                         (i)  drug or alcohol abuse significantly
contributed to the commission of the crime or violation of
community supervision; and
                         (ii)  the defendant is a suitable candidate
for treatment, as determined by the suitability criteria
established by the Texas Board of Criminal Justice under Section
493.009(b), Government Code.
       (c)  The judge may extend a period of community supervision
under this section as often as the judge determines is necessary.
In a felony case, [but] the total period of community supervision,
including any extensions under this subsection, [in a first,
second, or third degree felony case] may not exceed the applicable
maximum period of community supervision permitted under Section
3(b), 4(b), or 5(a), except that in a felony case other than a case
involving a felony described by Section 3g, the judge may impose a
maximum of five one-year extensions for good cause stated in the
record of the case. The judge may not impose more than one
extension under this subsection per hearing held under Section 21.
In a misdemeanor case [10 years and], 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 6.  Section 3(f), Article 42.12, Code of Criminal
Procedure, is repealed.
       SECTION 7.  The changes in law made by this Act apply only to
a defendant placed on community supervision for an offense
committed on or after the effective date of this Act. A defendant
placed on community supervision for an offense committed before the
effective date of this Act is governed by the law in effect when the
defendant was placed on community supervision, and the former law
is continued in effect for that purpose. 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 8.  This Act takes effect September 1, 2007.