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A BILL TO BE ENTITLED
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AN ACT
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relating to the extension of the period of community supervision |
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for certain defendants who fail to pay restitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22(c), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) The judge may extend a period of community supervision |
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on a showing of good cause under this section as often as the judge |
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determines is necessary, but except as otherwise provided by this |
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subsection, the period of community supervision in a first, second, |
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or third degree felony case may not exceed 10 years and[, except as
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otherwise provided by this subsection,] the period of community |
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supervision in a misdemeanor case may not exceed three years. The |
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judge may extend the period of community supervision [in a
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misdemeanor case] for any period the judge determines is necessary, |
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not to exceed an additional two years beyond the three-year limit in |
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a misdemeanor case, if the defendant fails to pay a previously |
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assessed fine, costs, or restitution and the judge determines that |
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extending the period of supervision increases the likelihood that |
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the defendant will fully pay the fine, costs, or restitution, and |
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not to exceed an additional five years beyond the 10-year limit in a |
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first, second, or third degree felony case, if the defendant fails |
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to pay the restitution and the judge determines that extending the |
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period of supervision increases the likelihood that the defendant |
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will fully pay the restitution. A court may extend a period of |
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community supervision under this section at any time during the |
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period of supervision or, if a motion for revocation of community |
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supervision is filed before the period of supervision ends, before |
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the first anniversary of the date on which the period of supervision |
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expires. |
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SECTION 2. Section 22A(c), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) A judge may extend a period of community supervision |
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under this section only once; however, the judge may extend a period |
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of community supervision for a defendant under both Section 22(c) |
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and this section, and the prohibitions [prohibition] in Section |
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22(c) against a period of community supervision in a felony case |
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exceeding 10 years or 15 years, as applicable, do [does] not apply |
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to a defendant for whom community supervision is increased under |
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this section or under both Section 22(c) and this section. |
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SECTION 3. The change in law made by this Act applies only |
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to a defendant initially placed on community supervision on or |
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after the effective date of this Act. A defendant initially placed |
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on community supervision before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |