Bill Text: TX HB921 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the reimbursement of certain medical, dental, or health-related services as a condition of community supervision and to the revocation of community supervision for failure to make certain payments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-12 - Left pending in committee [HB921 Detail]
Download: Texas-2011-HB921-Introduced.html
82R4375 MAW-D | ||
By: Lewis | H.B. No. 921 |
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relating to the reimbursement of certain medical, dental, or | ||
health-related services as a condition of community supervision and | ||
to the revocation of community supervision for failure to make | ||
certain payments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11(a), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) The judge of the court having jurisdiction of the case | ||
shall determine the conditions of community supervision and may, at | ||
any time during the period of community supervision, alter or | ||
modify the conditions. The judge may impose any reasonable | ||
condition that is designed to protect or restore the community, | ||
protect or restore the victim, or punish, rehabilitate, or reform | ||
the defendant. Conditions of community supervision may include, | ||
but shall not be limited to, the conditions that the defendant | ||
shall: | ||
(1) Commit no offense against the laws of this State or | ||
of any other State or of the United States; | ||
(2) Avoid injurious or vicious habits; | ||
(3) Avoid persons or places of disreputable or harmful | ||
character, including any person, other than a family member of the | ||
defendant, who is an active member of a criminal street gang; | ||
(4) Report to the supervision officer as directed by | ||
the judge or supervision officer and obey all rules and regulations | ||
of the community supervision and corrections department; | ||
(5) Permit the supervision officer to visit the | ||
defendant at the defendant's home or elsewhere; | ||
(6) Work faithfully at suitable employment as far as | ||
possible; | ||
(7) Remain within a specified place; | ||
(8) Pay the defendant's fine, if one is assessed, and | ||
all court costs whether a fine is assessed or not, in one or several | ||
sums; | ||
(9) Support the defendant's dependents; | ||
(10) Participate, for a time specified by the judge, | ||
in any community-based program, including a community-service work | ||
program under Section 16 of this article; | ||
(11) Reimburse the county in which the prosecution was | ||
instituted for compensation paid to appointed counsel for defending | ||
the defendant in the case, if counsel was appointed, or if the | ||
defendant was represented by a county-paid public defender, in an | ||
amount that would have been paid to an appointed attorney had the | ||
county not had a public defender; | ||
(12) Remain under custodial supervision in a community | ||
corrections facility, obey all rules and regulations of the | ||
facility, and pay a percentage of the defendant's income to the | ||
facility for room and board; | ||
(13) Pay a percentage of the defendant's income to the | ||
defendant's dependents for their support while under custodial | ||
supervision in a community corrections facility; | ||
(14) Submit to testing for alcohol or controlled | ||
substances; | ||
(15) Attend counseling sessions for substance abusers | ||
or participate in substance abuse treatment services in a program | ||
or facility approved or licensed by the Texas Commission on Alcohol | ||
and Drug Abuse; | ||
(16) With the consent of the victim of a misdemeanor | ||
offense or of any offense under Title 7, Penal Code, participate in | ||
victim-defendant mediation; | ||
(17) Submit to electronic monitoring; | ||
(18) Reimburse the compensation to victims of crime | ||
fund for any amounts paid from that fund to or on behalf of a victim, | ||
as defined by Article 56.32, of the defendant's offense or if no | ||
reimbursement is required, make one payment to the compensation to | ||
victims of crime fund in an amount not to exceed $50 if the offense | ||
is a misdemeanor or not to exceed $100 if the offense is a felony; | ||
(19) Reimburse a law enforcement agency for the | ||
analysis, storage, or disposal of raw materials, controlled | ||
substances, chemical precursors, drug paraphernalia, or other | ||
materials seized in connection with the offense; | ||
(20) Pay all or part of the reasonable and necessary | ||
costs incurred by the victim for psychological counseling made | ||
necessary by the offense or for counseling and education relating | ||
to acquired immune deficiency syndrome or human immunodeficiency | ||
virus made necessary by the offense; | ||
(21) Make one payment in an amount not to exceed $50 to | ||
a crime stoppers organization as defined by Section 414.001, | ||
Government Code, and as certified by the Texas Crime Stoppers | ||
Council; | ||
(22) Submit a DNA sample to the Department of Public | ||
Safety under Subchapter G, Chapter 411, Government Code, for the | ||
purpose of creating a DNA record of the defendant; | ||
(23) In any manner required by the judge, provide | ||
public notice of the offense for which the defendant was placed on | ||
community supervision in the county in which the offense was | ||
committed; [ |
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(24) Reimburse the county in which the prosecution was | ||
instituted for compensation paid to any interpreter in the case; | ||
and | ||
(25) Reimburse a county for any medical, dental, or | ||
health-related services for which the county has not been | ||
reimbursed that the county provided to the defendant while the | ||
defendant was confined in the county jail for the offense for which | ||
the defendant was placed on community supervision. | ||
SECTION 2. Section 21(c), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) In a community supervision revocation hearing at which | ||
it is alleged only that the defendant violated the conditions of | ||
community supervision by failing to pay compensation paid to | ||
appointed counsel, community supervision fees, [ |
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any other amount required to be paid as a condition of community | ||
supervision, the state must prove by a preponderance of the | ||
evidence that the defendant was able to pay and did not pay as | ||
ordered by the judge. The court may order a community supervision | ||
and corrections department to obtain information pertaining to the | ||
factors listed under Article 42.037(h) of this code and include | ||
that information in the report required under Section 9(a) of this | ||
article or a separate report, as the court directs. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2011. |