BILL ANALYSIS

S.B. 1096

By: Hinojosa

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law provides a judge the discretion to terminate a defendant's period of community supervision once the defendant satisfactorily completes one-third of the original community supervision period. However, the law does not preclude a judge from requiring the defendant to continue to pay the monthly fee imposed on the defendant during the community supervision period after the judge terminates the community supervision. S.B. 1096 seeks to address this issue.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1096 amends the Code of Criminal Procedure to prohibit a judge from requiring a defendant to pay the fixed monthly fee imposed on the defendant during the period of community supervision to the court of original jurisdiction or, in the case of an intrastate transfer, to the court to which jurisdiction of the defendant's case is transferred, for any month after the period of community supervision has been terminated by the judge.

EFFECTIVE DATE

September 1, 2013.