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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for reducing or terminating community |
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supervision and the establishment of certain time credits through |
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which a defendant's period of community supervision is reduced. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) At any time after the defendant has satisfactorily |
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completed one-third of the original community supervision period or |
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two years of community supervision, whichever is less, the period |
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of community supervision may be reduced or terminated by the judge. |
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On completion of one-half of the original community supervision |
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period or two years of community supervision, whichever is more, |
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the judge shall review the defendant's record and consider whether |
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to reduce or terminate the period of community supervision, unless |
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the defendant is delinquent in paying required restitution, fines, |
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costs, or fees that the defendant has the ability to pay or the |
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defendant has not completed court-ordered counseling or treatment. |
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Before reducing or terminating a period of community supervision or |
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conducting a [the] review under this section, the judge shall |
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notify the attorney representing the state and the defendant or, if |
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the defendant has an attorney, the defendant's attorney. If the |
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judge determines that the defendant has failed to satisfactorily |
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fulfill the conditions of community supervision, the judge shall |
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advise the defendant in writing of the requirements for |
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satisfactorily fulfilling those conditions. Upon the satisfactory |
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fulfillment of the conditions of community supervision, and the |
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expiration of the period of community supervision, the judge, by |
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order duly entered, shall amend or modify the original sentence |
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imposed, if necessary, to conform to the community supervision |
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period and shall discharge the defendant. If the judge discharges |
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the defendant under this section, the judge may set aside the |
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verdict or permit the defendant to withdraw the defendant's plea, |
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and shall dismiss the accusation, complaint, information or |
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indictment against the defendant, who shall thereafter be released |
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from all penalties and disabilities resulting from the offense or |
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crime of which the defendant has been convicted or to which the |
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defendant has pleaded guilty, except that: |
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(1) proof of the conviction or plea of guilty shall be |
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made known to the judge should the defendant again be convicted of |
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any criminal offense; and |
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(2) if the defendant is an applicant for a license or |
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is a licensee under Chapter 42, Human Resources Code, the Health and |
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Human Services Commission may consider the fact that the defendant |
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previously has received community supervision under this article in |
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issuing, renewing, denying, or revoking a license under that |
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chapter. |
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SECTION 2. Article 42.12, Code of Criminal Procedure, is |
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amended by adding Section 20A to read as follows: |
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Sec. 20A. TIME CREDITS FOR COMPLETION OF CERTAIN CONDITIONS |
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OF COMMUNITY SUPERVISION. (a) This section applies only to a |
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defendant who: |
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(1) is granted community supervision, including |
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deferred adjudication community supervision, for an offense |
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punishable as a state jail felony or a felony of the third degree, |
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other than an offense: |
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(A) under Chapter 49, Penal Code; |
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(B) involving family violence as defined by |
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Section 71.004, Family Code; or |
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(C) included as a "reportable conviction or |
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adjudication" under Article 62.001(5); |
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(2) is not delinquent in paying required fines, costs, |
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or fees; and |
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(3) has fully satisfied any order to pay restitution |
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to a victim. |
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(b) A defendant described by Subsection (a) is entitled to |
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receive any combination of time credits toward the completion of |
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the defendant's period of community supervision in accordance with |
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this section if the court ordered the defendant as a condition of |
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community supervision to: |
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(1) earn a certificate, diploma, or degree described |
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by Subsection (c); |
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(2) make a payment described by Subsection (d); or |
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(3) complete a treatment or rehabilitation program |
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described by Subsection (e). |
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(c) A defendant is entitled to time credits toward the |
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completion of the defendant's period of community supervision for |
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earning the following certificates, diplomas, or degrees: |
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(1) a high school diploma or high school equivalency |
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certificate: 90 days; and |
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(2) an associate's degree: 120 days. |
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(d) A defendant is entitled to time credits toward the |
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completion of the defendant's period of community supervision for |
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the full payment of court costs, fines, attorney's fees, and |
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restitution as follows: |
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(1) court costs: 15 days; |
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(2) fines: 30 days; |
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(3) attorney's fees: 30 days; and |
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(4) restitution: 60 days. |
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(e) A defendant is entitled to time credits toward the |
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completion of the defendant's period of community supervision for |
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the successful completion of treatment or rehabilitation programs |
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as follows: |
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(1) alcohol or substance abuse counseling or |
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treatment: 90 days; |
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(2) vocational, technical, or career education or |
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training program: 60 days; |
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(3) parenting class or parental responsibility |
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program: 30 days; |
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(4) anger management program: 30 days; and |
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(5) life skills training program: 30 days. |
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(f) A defendant's supervision officer shall notify the |
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court if one or more time credits under this section, cumulated with |
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the amount of the original community supervision period the |
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defendant has completed, allow or require the court to conduct a |
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review of the defendant's community supervision under Section 20. |
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On receipt of the notice from the supervision officer, the court |
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shall conduct the review of the defendant's community supervision |
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to determine if the defendant is eligible for a reduction or |
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termination of community supervision under Section 20, taking into |
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account any time credits to which the defendant is entitled under |
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this section when determining if the defendant has completed, as |
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applicable: |
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(1) the lesser of one-third of the original community |
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supervision period or two years of community supervision; or |
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(2) the greater of one-half of the original community |
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supervision period or two years of community supervision. |
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(g) A court may order that some or all of the credit to which |
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a defendant is entitled under this section be forfeited if, before |
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the expiration of the original period or a reduced period of |
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community supervision, the court: |
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(1) after a hearing under Section 21, finds that a |
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defendant violated one or more conditions of community supervision; |
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and |
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(2) modifies or continues the defendant's period of |
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community supervision under Section 22 or revokes the defendant's |
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community supervision under Section 23. |
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SECTION 3. Section 20A, Article 42.12, Code of Criminal |
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Procedure, as added by this Act, applies only to a defendant granted |
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community supervision for an offense that is committed on or after |
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the effective date of this Act. A defendant granted community |
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supervision for an offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and that law is continued in effect for that purpose. |
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For purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |