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By: Birdwell |
S.B. No. 527 |
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(In the Senate - Filed January 19, 2017; February 8, 2017, |
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read first time and referred to Committee on Criminal Justice; |
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April 27, 2017, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 8, Nays 0; April 27, 2017, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 527 |
By: Whitmire |
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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, Code of Criminal Procedure, is |
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amended by adding Subsection (g-1) to read as follows: |
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(g-1)(1) This subsection applies only to a defendant who at |
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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 |
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maximum amount described by Subsection (g)(1) or (2), as |
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applicable, for legal services provided to the defendant. |
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(2) At any time during a defendant's sentence of |
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confinement or period of community supervision, the judge, after |
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providing written notice to the defendant and an opportunity for |
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the defendant to present information relevant to the defendant's |
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ability to pay, may order a defendant to whom this subsection |
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applies to pay any unpaid portion of the amount described by |
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Subsection (g)(1) or (2), as applicable, if the judge determines |
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that the defendant has the financial resources to pay the |
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additional portion. |
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(3) The judge may amend an order entered under |
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Subdivision (2) if, subsequent to the judge's determination under |
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that subdivision, the judge determines that the defendant is |
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indigent or demonstrates an inability to pay the amount ordered. |
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(4) In making a determination under this subsection, |
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the judge 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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(5) Notwithstanding any other law, the judge may not |
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revoke or extend the defendant's period of community supervision |
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solely to collect the amount the defendant has been ordered to pay |
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under this subsection. |
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SECTION 2. This Act takes effect September 1, 2017. |
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