|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the payment of certain costs, fines, fees, or |
|
restitution by a defendant placed on community supervision. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 42A.701, Code of Criminal Procedure, is |
|
amended by adding Subsection (e-1) to read as follows: |
|
(e-1) Notwithstanding Subsection (e), on the expiration of |
|
the period of community supervision of a defendant who has |
|
satisfactorily fulfilled the conditions of community supervision, |
|
other than a condition requiring the defendant to pay costs, fines, |
|
fees, or restitution, the judge shall discharge the defendant if: |
|
(1) the defendant has agreed to pay any unpaid amount |
|
under a payment plan entered into under Section 76.019, Government |
|
Code; and |
|
(2) the defendant provides appropriate documentation |
|
of the plan to the judge. |
|
SECTION 2. Chapter 76, Government Code, is amended by |
|
adding Section 76.019 to read as follows: |
|
Sec. 76.019. PAYMENT PLAN. (a) A department shall |
|
establish policies and procedures to authorize a defendant who has |
|
fulfilled all programmatic requirements of the defendant's |
|
community supervision but has not paid all of the supervision fees |
|
owed to the department or any costs, fines, fees, or restitution |
|
ordered as a condition of community supervision, to pay the unpaid |
|
amount under a payment plan. |
|
(b) A payment plan under Subsection (a) must provide that |
|
the defendant: |
|
(1) promises to pay the unpaid amount as specified by |
|
the plan; and |
|
(2) is required to make payments under the plan after |
|
the date on which the defendant is discharged under Article |
|
42A.701(e-1), Code of Criminal Procedure. |
|
SECTION 3. Not later than February 1, 2018, each community |
|
supervision and corrections department shall adopt policies and |
|
procedures required by Section 76.019, Government Code, as added by |
|
this Act. |
|
SECTION 4. This Act takes effect September 1, 2017. |