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A BILL TO BE ENTITLED
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AN ACT
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relating to a defendant's inability to pay certain expenses during |
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a period of probation provided by a judge in a justice or municipal |
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court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.051, Code of Criminal Procedure, is |
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amended by amending Subsections (d) and (d-1) and adding Subsection |
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(d-2) to read as follows: |
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(d) If by the conclusion of the deferral period the |
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defendant does not present satisfactory evidence that the defendant |
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complied with all of the requirements imposed, the judge may impose |
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the fine assessed or impose a lesser fine. The imposition of the |
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fine or lesser fine constitutes a final conviction of the |
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defendant. This subsection does not apply to a defendant who: |
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(1) is required under Subsection (b-1) to complete a |
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driving safety course approved under Chapter 1001, Education Code, |
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or an examination under Section 521.161(b)(2), Transportation |
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Code; or |
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(2) has presented to the judge satisfactory evidence |
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that the defendant: |
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(A) has paid all court costs and complied with |
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all of the requirements imposed by the judge other than one or more |
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requirements involving the payment of money, such as a requirement |
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related to the posting of a bond, the payment of restitution, |
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participation in a treatment or education program, or the |
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completion of a driving safety course or related examination; and |
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(B) is unable to pay the amount or amounts. |
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(d-1) Subject to Subsection (d-2), if [If] the defendant was |
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required to complete a driving safety course or an examination |
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under Subsection (b-1) and by the conclusion of the deferral period |
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the defendant does not present satisfactory evidence that the |
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defendant completed that course or examination, the judge shall |
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impose the fine assessed. The imposition of the fine constitutes a |
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final conviction of the defendant. |
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(d-2) If the defendant presents to the judge satisfactory |
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evidence under Subsection (d)(2), the judge may: |
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(1) for one additional period not to exceed 180 days, |
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extend the defendant's probation period as appropriate to permit |
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the defendant to pay the amount or amounts described by Subsection |
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(d)(2)(A); |
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(2) require the defendant to perform in the manner |
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described by Article 45.049 community service to discharge all or |
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part of the amount or amounts described by Subsection (d)(2)(A); or |
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(3) dismiss the complaint without imposing a special |
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expense for the dismissal and make the notation in the docket |
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required by Subsection (c). |
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SECTION 2. The change in law made by this Act applies to a |
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defendant who serves a period of probation under Chapter 45, Code of |
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Criminal Procedure, on or after the effective date of this Act, |
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regardless of when the defendant committed the offense for which |
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the defendant is placed on probation. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |