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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursement for the costs of legal services provided |
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to an indigent defendant in a criminal case. |
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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) If the court determines that a defendant has financial |
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resources that enable the defendant [him] to offset in part or in |
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whole the costs of the legal services provided in accordance with |
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Article 1.051(c) or (d), including any expenses and costs, the |
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court shall order the defendant to pay during the pendency of the |
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charges or, if convicted, as court costs the amount that it finds |
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the defendant is able to pay. The defendant may not be ordered to |
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pay an amount that exceeds the actual costs paid by the county for |
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the legal services provided, including any expenses or costs. If |
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the defendant was represented by a public defender's office, the |
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actual costs of the legal services provided is the amount that would |
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have otherwise been paid to an appointed attorney, including any |
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expenses or costs. |
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SECTION 2. Sections 11(a) and (b), Article 42.12, Code of |
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Criminal Procedure, are 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 the costs of the legal services provided to the |
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defendant in accordance with Article 1.051(c) or (d), including |
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expenses and costs as described by Article 26.05, in the same manner |
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as the defendant may be ordered to pay the costs of the legal |
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services under Article 26.05(g), and subject to the court's |
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determination of the defendant's ability to pay under Subsection |
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(b) [compensation paid to appointed counsel for defending the
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defendant in the case, if counsel was appointed, or if the defendant
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was represented by a public defender's office, in an amount that
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would have been paid to an appointed attorney had the county not had
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a public defender's office]; |
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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 Department of State Health |
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Services; |
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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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(b)(1) A judge may not order a defendant to make any |
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payments as a term or condition of community supervision, except |
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for: |
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(A) fines, court costs, and restitution to the |
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victim; |
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(B) reimbursement of a county as described by |
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Subsection (a)(11); [,] and |
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(C) other conditions related personally to the |
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rehabilitation of the defendant or otherwise expressly authorized |
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by law. |
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(2) A judge may not impose a condition of community |
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supervision requiring a defendant to reimburse a county for the |
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costs of legal services provided to the defendant in accordance |
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with Article 1.051(c) or (d) if the defendant has already satisfied |
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that obligation under Article 26.05(g). |
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(3) The court shall consider the ability of the |
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defendant to make payments before [in] ordering the defendant to |
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make payments under this article. |
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SECTION 3. Section 21(c), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) The court may not revoke the community supervision of a |
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defendant if, at the community supervision revocation hearing, the |
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court finds that the only evidence supporting the alleged violation |
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of a condition of community supervision is the uncorroborated |
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results of a polygraph examination. In a community supervision |
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revocation hearing at which it is alleged only that the defendant |
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violated the conditions of community supervision by failing to pay |
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[compensation paid to appointed counsel,] community supervision |
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fees, [or] court costs, and the costs of legal services provided in |
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accordance with Article 1.051(c) or (d), including expenses and |
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costs as described by Article 26.05, the state must prove by a |
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preponderance of the evidence that the defendant was able to pay and |
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did not pay as ordered by the judge. The court may order a |
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community supervision and corrections department to obtain |
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information pertaining to the factors listed under Article |
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42.037(h) and include that information in the report required under |
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Section 9(a) or a separate report, as the court directs. |
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SECTION 4. The change in law made by this Act applies only |
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to a criminal hearing or proceeding that commences on or after the |
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effective date of this Act, regardless of when the defendant |
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committed the underlying offense for which the defendant became |
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subject to the hearing or proceeding. A criminal hearing or |
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proceeding that commences before the effective date of this Act is |
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governed by the law in effect on the date the hearing or proceeding |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |