88R3476 MCF-F
 
  By: Zaffirini S.B. No. 460
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the extension of the period of community supervision
  for certain defendants who fail to pay a previously assessed fine or
  cost.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.753, Code of Criminal Procedure, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (b-1) and (b-2) to read as follows:
         (a)  On a showing of good cause, the judge may extend a period
  of community supervision under Article 42A.752(a)(2) as frequently
  as the judge determines is necessary, but, except as otherwise
  provided by this article, the period of community supervision in a
  first, second, or third degree felony case may not exceed 10 years
  and [, except as otherwise provided by Subsection (b),] the period
  of community supervision in a misdemeanor case may not exceed three
  years.
         (b)  Subject to Subsection (b-2), the [The] judge may extend
  the period of community supervision in a misdemeanor case for any
  period the judge determines is necessary [, not to exceed an
  additional two years beyond the three-year limit provided by
  Subsection (a),] if:
               (1)  the defendant fails to pay a previously assessed
  [fine, cost, or] restitution amount; and
               (2)  the judge determines that extending the
  supervision period will increase [increases] the likelihood that
  the defendant will fully pay the [fine, cost, or] restitution
  amount.
         (b-1)  For any period the judge determines is necessary but
  subject to Subsection (b-2), in a felony or misdemeanor case the
  judge may extend the period of community supervision based on the
  defendant's failure to pay a previously assessed fine or cost only
  if the judge, after a hearing, determines that:
               (1)  the defendant has the financial resources to pay
  the fine or cost; and
               (2)  extending the supervision period will increase the
  likelihood that the defendant will fully pay the fine or cost.
         (b-2)  The total length of an extension of the period of
  community supervision under Subsection (b) or (b-1), as applicable,
  in a felony or misdemeanor case may not exceed an additional two
  years beyond the applicable limit provided by Subsection (a).
         SECTION 2.  The change in law made by this Act applies to a
  person on community supervision, including deferred adjudication
  community supervision, on or after the effective date of this Act,
  regardless of whether the person was placed on community
  supervision before, on, or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.