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A BILL TO BE ENTITLED
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AN ACT
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relating to a defendant's payment of costs associated with a |
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court-appointed counsel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.05(g), Code of Criminal Procedure, is |
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amended to read as follows: |
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(g)(1) If the court determines that a defendant has |
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financial resources that enable the defendant [him] to offset in |
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part or in whole the costs of the legal services provided, including |
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any expenses and costs, the court shall order the defendant to pay |
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during the pendency of the charges or, if convicted, as court costs |
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the amount that it finds the defendant is able to pay. |
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(2) This subdivision applies only to a defendant who |
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at the time of sentencing to confinement or placement on community |
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supervision, including deferred adjudication community |
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supervision, did not have the financial resources to pay the entire |
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cost of legal services provided to the defendant. At any time during |
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a defendant's sentence of confinement or period of community |
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supervision, the court, after providing written notice to the |
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defendant and an opportunity for the defendant to present |
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information relevant to the defendant's ability to pay, may order a |
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defendant to whom this subdivision applies to pay the unpaid |
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portion of the costs of legal services provided to the defendant, if |
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the court determines that the defendant has the financial resources |
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to pay the costs. |
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(3) In making a determination under Subdivision (2), |
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the court may only consider the information a court or courts' |
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designee is authorized to consider in making an indigency |
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determination under Article 26.04(m). |
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SECTION 2. This Act takes effect September 1, 2015. |