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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursement of costs incurred for the collection of |
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certain blood specimens as a condition of community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) The judge of the court having jurisdiction of the case |
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shall determine the conditions of community supervision and may, at |
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any time during the period of community supervision, alter or |
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modify the conditions. The judge may impose any reasonable |
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condition that is designed to protect or restore the community, |
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protect or restore the victim, or punish, rehabilitate, or reform |
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the defendant. Conditions of community supervision may include, |
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but shall not be limited to, the conditions that the defendant |
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shall: |
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(1) Commit no offense against the laws of this State or |
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of any other State or of the United States; |
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(2) Avoid injurious or vicious habits; |
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(3) Avoid persons or places of disreputable or harmful |
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character, including any person, other than a family member of the |
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defendant, who is an active member of a criminal street gang; |
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(4) Report to the supervision officer as directed by |
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the judge or supervision officer and obey all rules and regulations |
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of the community supervision and corrections department; |
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(5) Permit the supervision officer to visit the |
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defendant at the defendant's home or elsewhere; |
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(6) Work faithfully at suitable employment as far as |
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possible; |
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(7) Remain within a specified place; |
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(8) Pay the defendant's fine, if one is assessed, and |
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all court costs whether a fine is assessed or not, in one or several |
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sums; |
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(9) Support the defendant's dependents; |
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(10) Participate, for a time specified by the judge, |
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in any community-based program, including a community-service work |
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program under Section 16 of this article; |
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(11) Reimburse the county in which the prosecution was |
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instituted for compensation paid to appointed counsel for defending |
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the defendant in the case, if counsel was appointed, or if the |
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defendant was represented by a county-paid public defender, in an |
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amount that would have been paid to an appointed attorney had the |
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county not had a public defender; |
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(12) Remain under custodial supervision in a community |
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corrections facility, obey all rules and regulations of the |
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facility, and pay a percentage of the defendant's income to the |
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facility for room and board; |
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(13) Pay a percentage of the defendant's income to the |
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defendant's dependents for their support while under custodial |
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supervision in a community corrections facility; |
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(14) Submit to testing for alcohol or controlled |
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substances; |
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(15) Attend counseling sessions for substance abusers |
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or participate in substance abuse treatment services in a program |
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or facility approved or licensed by the Texas Commission on Alcohol |
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and Drug Abuse; |
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(16) With the consent of the victim of a misdemeanor |
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offense or of any offense under Title 7, Penal Code, participate in |
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victim-defendant mediation; |
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(17) Submit to electronic monitoring; |
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(18) Reimburse the compensation to victims of crime |
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fund for any amounts paid from that fund to or on behalf of a victim, |
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as defined by Article 56.32, of the defendant's offense or if no |
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reimbursement is required, make one payment to the compensation to |
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victims of crime fund in an amount not to exceed $50 if the offense |
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is a misdemeanor or not to exceed $100 if the offense is a felony; |
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(19) Reimburse a law enforcement agency for the |
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analysis, storage, or disposal of raw materials, controlled |
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substances, chemical precursors, drug paraphernalia, or other |
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materials seized in connection with the offense; |
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(20) Pay all or part of the reasonable and necessary |
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costs incurred by the victim for psychological counseling made |
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necessary by the offense or for counseling and education relating |
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to acquired immune deficiency syndrome or human immunodeficiency |
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virus made necessary by the offense; |
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(21) Make one payment in an amount not to exceed $50 to |
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a crime stoppers organization as defined by Section 414.001, |
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Government Code, and as certified by the Texas Crime Stoppers |
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Council; |
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(22) Submit a DNA sample to the Department of Public |
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Safety under Subchapter G, Chapter 411, Government Code, for the |
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purpose of creating a DNA record of the defendant; |
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(23) In any manner required by the judge, provide |
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public notice of the offense for which the defendant was placed on |
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community supervision in the county in which the offense was |
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committed; [and] |
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(24) Reimburse the county in which the prosecution was |
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instituted for compensation paid to any interpreter in the case; |
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and |
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(25) Reimburse a law enforcement agency for costs |
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incurred by the agency for the collection, analysis, storage, and |
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disposal of a blood specimen under Subchapter B, Chapter 724, |
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Transportation Code. |
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SECTION 2. Section 11(a), Article 42.12, Code of Criminal |
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Procedure, as amended by this Act, applies to a person placed on |
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community supervision on or after the effective date of this Act |
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regardless of when the person committed the offense for which the |
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person is placed on community supervision. |
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SECTION 3. This Act takes effect September 1, 2011. |