85R56 JSC-F

By: Huffman S.B. No. 900

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for certain offenses involving family violence; changing the eligibility for parole and mandatory supervision for those offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.039 to read as follows:

Art. 42.039. REIMBURSEMENT FOR CONFINEMENT EXPENSES BY CERTAIN FAMILY VIOLENCE OFFENDERS. (a) In addition to any fine, cost, or fee authorized by law, a court that sentences to a term of confinement a defendant convicted of an offense under Section 22.01, Penal Code, and punished under Subsection (b-1)(2) of that section and that orders the execution of the entire sentence shall require the defendant to reimburse the Texas Department of Criminal Justice for the cost of the defendant's confinement for the period specified by this article.

(b) A court that places a defendant on community supervision, including deferred adjudication community supervision, for an offense under Section 22.01, Penal Code, punishable under Subsection (b-1)(2) of that section, shall require as a condition of community supervision that the defendant reimburse the following entities for the cost of the defendant's confinement for the period specified by this article:

(1) the county if the defendant is confined in a county jail; or

(2) the community supervision and corrections department that is served by a community corrections facility if the defendant is confined in the facility.

(c) The amount of reimbursement shall be the actual cost of the defendant's first two years of confinement, deducting for a defendant on community supervision any projected costs that would have been expended for the supervision of the defendant if the defendant had been on community supervision but not confined during that two-year period.

(d) Notwithstanding Subsection (a) or (b), the court shall waive the amount of reimbursement required under this article if the court determines that the defendant is indigent based on the defendant's sworn statement or affidavit filed with the court.

(e) Notwithstanding Subsection (a) or (b), based on the defendant's ability to pay the court may reduce the amount of reimbursement required under this article by considering:

(1) the defendant's employment status, earning ability, and financial resources; and

(2) any other special circumstances that may affect the defendant's ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.

(f) A defendant is entitled to begin paying the reimbursement under this article following the last day of the term of confinement and may pay the reimbursement amount in installments. The last installment may not be later than the 10th anniversary of that date.

SECTION 2. Article 42A.504, Code of Criminal Procedure, as effective January 1, 2017, is amended by adding Subsection (e) to read as follows:

(e) If the court places a defendant on deferred adjudication community supervision for, or grants community supervision to a defendant convicted of, an offense under Section 22.01, Penal Code, that is punishable under Subsection (b-1)(2) of that section, the court shall require as a condition of community supervision that the defendant submit to a period of confinement equal to two years.

SECTION 3. Section 508.145(d)(1), Government Code, as effective January 1, 2017, is amended to read as follows:

(1) This subsection applies only to an inmate who is serving a sentence for:

(A) an offense described by Article 42A.054(a), Code of Criminal Procedure, other than an offense under Section 19.03, Penal Code;

(B) an offense for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure;

(C) an offense under Section 20A.03, Penal Code; [or]

(D) an offense under Section 22.01, Penal Code, punished under Subsection (b-1)(2) of that section; or

(E) an offense under Section 71.02 or 71.023, Penal Code.

SECTION 4. Section 508.149(a), Government Code, as effective January 1, 2017, is amended to read as follows:

(a) An inmate may not be released to mandatory supervision if the inmate is serving a sentence for or has been previously convicted of:

(1) an offense for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure;

(2) a first degree felony or a second degree felony under Section 19.02, Penal Code;

(3) a capital felony under Section 19.03, Penal Code;

(4) a first degree felony or a second degree felony under Section 20.04, Penal Code;

(5) an offense under Section 21.11, Penal Code;

(6) a felony under Section 22.011, Penal Code;

(7) a first degree felony or a second degree felony under Section 22.02, Penal Code;

(8) a first degree felony under Section 22.021, Penal Code;

(9) a first degree felony under Section 22.04, Penal Code;

(10) a first degree felony under Section 28.02, Penal Code;

(11) a second degree felony under Section 29.02, Penal Code;

(12) a first degree felony under Section 29.03, Penal Code;

(13) a first degree felony under Section 30.02, Penal Code;

(14) a felony for which the punishment is increased under Section 481.134 or Section 481.140, Health and Safety Code;

(15) an offense under Section 43.25, Penal Code;

(16) an offense under Section 21.02, Penal Code;

(17) a first degree felony under Section 15.03, Penal Code;

(18) an offense under Section 43.05, Penal Code;

(19) an offense under Section 20A.02, Penal Code;

(20) an offense under Section 20A.03, Penal Code; [or]

(21) a first degree felony under Section 71.02 or 71.023, Penal Code; or

(22) an offense under Section 22.01, Penal Code, punished under Subsection (b-1)(2) of that section.

SECTION 5. Sections 22.01(b-1) and (f), Penal Code, are amended to read as follows:

(b-1) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if[:

[(1)] the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, and: [;]

(1) [(2)] it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, [;] and

[(3)] the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth; or

(2) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.

(f) For the purposes of Subsections (b)(2)(A) and (b-1) [(b-1)(2)]:

(1) a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and

(2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed.

SECTION 6. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 7. This Act takes effect September 1, 2017.