Bill Text: TX SB2188 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to community supervision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-21 - Referred to Criminal Justice [SB2188 Detail]

Download: Texas-2019-SB2188-Introduced.html
  86R14273 MAW-F
 
  By: Whitmire S.B. No. 2188
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 5.08, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 5.08.  MEDIATION IN FAMILY VIOLENCE
  CASES.  Notwithstanding Article 26.13(g) or 42A.301(b)(12)
  [42A.301(15)], in a criminal prosecution arising from family
  violence, as that term is defined by Section 71.004, Family Code, a
  court shall not refer or order the victim or the defendant involved
  to mediation, dispute resolution, arbitration, or other similar
  procedures.
         SECTION 2.  Article 42A.052(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A judge who places a defendant on community supervision
  may authorize the supervision officer supervising the defendant or
  a magistrate appointed by the district courts in the county that
  give preference to criminal cases to modify the conditions of
  community supervision for the limited purposes [purpose] of:
               (1)  transferring the defendant to different programs
  within the community supervision continuum of programs and
  sanctions; or
               (2)  prioritizing the conditions ordered by the court
  according to:
                     (A)  the defendant's needs as determined by a risk
  and needs assessment; and
                     (B)  the defendant's progress under supervision.
         SECTION 3.  Articles 42A.301(b) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (b)  Conditions of community supervision may include
  conditions requiring the defendant to:
               (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 to the extent indicated by the results of the
  assessment conducted under Subsection (a) and the evaluation
  conducted under Subsection (c) [, including any person, other than
  a family member of the defendant, who is an active member of a
  criminal street gang];
               (3) [(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;
               (4) [(5)]  permit the supervision officer to visit the
  defendant at the defendant's home or elsewhere;
               (5) [(6)]  work faithfully at suitable employment to
  the extent possible;
               (6) [(7)]  remain within a specified place;
               (7) [(8)]  pay in one or more amounts:
                     (A)  the defendant's fine, if one is assessed; and
                     (B)  all court costs, regardless of whether a fine
  is assessed;
               (8)  [(9)  support the defendant's dependents;
               [(10)     participate, for a period specified by the
  judge, in any community-based program, including a community
  service project under Article 42A.304;
               [(11)]  if the judge determines that the defendant has
  financial resources that enable the defendant to offset in part or
  in whole the costs of the legal services provided to the defendant
  in accordance with Article 1.051(c) or (d), including any expenses
  and costs, reimburse the county in which the prosecution was
  instituted for the costs of the legal services in an amount that the
  judge finds the defendant is able to pay, except that the defendant
  may not be ordered to pay an amount that exceeds:
                     (A)  the actual costs, including any expenses and
  costs, paid by the county for the legal services provided by an
  appointed attorney; or
                     (B)  if the defendant was represented by a public
  defender's office, the actual amount, including any expenses and
  costs, that would have otherwise been paid to an appointed attorney
  had the county not had a public defender's office;
               (9) [(12)]  if under custodial supervision in a
  community corrections facility:
                     (A)  remain under that supervision;
                     (B)  obey all rules and regulations of the
  facility; and
                     (C)  pay a percentage of the defendant's income
  to:
                           (i)  the facility for room and board; and
                           (ii)  the defendant's dependents for their
  support during the period of custodial supervision;
               (10) [(13)]  submit to testing for alcohol or
  controlled substances but only if:
                     (A)  the judge determines, based on the results of
  the assessment conducted under Subsection (a) and the evaluation
  conducted under Subsection (c), that testing is necessary to
  protect or restore the community or the victim or to punish,
  rehabilitate, or reform the defendant; or
                     (B)  the defendant's offense was related to drug
  or alcohol abuse;
               (11) [(14)]  attend counseling sessions for substance
  abusers or participate in substance abuse treatment services in a
  program or facility approved or licensed by the Department of State
  Health Services but only if:
                     (A)  the judge determines, based on the results of
  the assessment conducted under Subsection (a) and the evaluation
  conducted under Subsection (c), that counseling or treatment is
  necessary to protect or restore the community or the victim or to
  punish, rehabilitate, or reform the defendant; or
                     (B)  the defendant's offense was related to drug
  or alcohol abuse;
               (12) [(15)]  with the consent of the victim of a
  misdemeanor offense or of any offense under Title 7, Penal Code,
  participate in victim-defendant mediation;
               (13) [(16)]  submit to electronic monitoring;
               (14) [(17)]  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 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;
               (15) [(18)]  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;
               (16) [(19)]  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;
               (17) [(20)]  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;
               (18) [(21)]  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;
               [(22)     in any manner required by the judge, provide in
  the county in which the offense was committed public notice of the
  offense for which the defendant was placed on community
  supervision;] and
               (19) [(23)]  reimburse the county in which the
  prosecution was instituted for compensation paid to any interpreter
  in the case.
         (c)  Before the judge may require as a condition of community
  supervision that the defendant submit to testing for alcohol or
  controlled substances, attend counseling sessions for substance
  abuse, or receive treatment in a state-funded substance abuse
  treatment program, including an inpatient or outpatient program, a
  substance abuse felony program under Article 42A.303, or a program
  provided to the defendant while confined in a community corrections
  facility as defined by Article 42A.601, the judge must consider the
  results of an evaluation conducted to determine the appropriate
  type and level of treatment necessary to address the defendant's
  alcohol or drug dependency.
         SECTION 4.  Article 42A.303(e), Code of Criminal Procedure,
  is amended to read as follows:
         (e)  The Department of State Health Services or the community
  supervision and corrections department supervising the defendant
  shall develop the continuum of care treatment plan described by
  Subsection (d)(1).
         SECTION 5.  Articles 42A.403(d-1) and (e), Code of Criminal
  Procedure, are amended to read as follows:
         (d-1)  The judge shall waive the educational program
  requirement if the defendant successfully completes [equivalent]
  education at a residential treatment facility under Article
  42A.4045.
         (e)  The judge shall set out in the judgment, as applicable:
               (1)  the finding of good cause for waiver; or
               (2)  the finding that the defendant has successfully
  completed [equivalent] education as provided by Article 42A.4045.
         SECTION 6.  Articles 42A.404(b-1) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (b-1)  The judge shall waive the educational program
  requirement if the defendant successfully completes [equivalent]
  education at a residential treatment facility under Article
  42A.4045.
         (c)  The judge shall set out in the judgment, as applicable:
               (1)  the finding of good cause for waiver; or
               (2)  the finding that the defendant has successfully
  completed [equivalent] education as provided by Article 42A.4045.
         SECTION 7.  Articles 42A.4045(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  A judge shall waive the educational requirement under
  Article 42A.403 or 42A.404 for a defendant who is required to
  receive treatment as a resident of a substance abuse treatment
  facility as a condition of community supervision if the defendant
  successfully completes [equivalent] education while the defendant
  is confined to the residential treatment facility.
         (b)  The Department of State Health Services shall approve
  [equivalent] education provided at substance abuse treatment
  facilities.
         SECTION 8.  Articles 42A.406(a) and (b-1), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  If a defendant is required as a condition of community
  supervision to attend an educational program under Article 42A.403
  or 42A.404, or if the court waives the educational program
  requirement under Article 42A.403 or the defendant successfully
  completes [equivalent] education under Article 42A.4045, the court
  clerk shall immediately report that fact to the Department of
  Public Safety, on a form prescribed by the department, for
  inclusion in the defendant's driving record.  If the court grants
  an extension of time in which the defendant may complete the
  educational program under Article 42A.403, the court clerk shall
  immediately report that fact to the Department of Public Safety on a
  form prescribed by the department.  The clerk's report under this
  subsection must include the beginning date of the defendant's
  community supervision.
         (b-1)  Upon release from a residential treatment facility at
  which the person successfully completed [equivalent] education
  under Article 42A.4045, at the request of the court clerk, the
  director of the residential treatment facility shall give notice to
  the Department of Public Safety for inclusion in the person's
  driving record.
         SECTION 9.  Articles 42A.651(a) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  A judge may not order a defendant to make a payment as a
  term or condition of community supervision, except for:
               (1)  the payment of fines, court costs, or restitution
  to the victim;
               (2)  reimbursement of a county as described by Article
  42A.301(b)(8) [42A.301(11)]; or
               (3)  a payment ordered as a condition that relates
  personally to the rehabilitation of the defendant or that is
  otherwise expressly authorized by law.
         (c)  A judge may not impose a condition of community
  supervision requiring a defendant to reimburse a county for the
  costs of legal services as described by Article 42A.301(b)(8)
  [42A.301(11)] if the defendant has already satisfied that
  obligation under Article 26.05(g).
         SECTION 10.  Article 42A.655, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42A.655.  ABILITY TO PAY.  (a)  Notwithstanding any
  other provision of this chapter, the [The] court shall inquire as to
  whether the defendant has sufficient resources or income [consider
  the defendant's ability] to pay before ordering the defendant to
  make any payments under this chapter.
         (b)  For a defendant who is ordered to make payments under
  this chapter, the court shall reconsider whether the defendant has
  sufficient resources or income to pay:
               (1)  at least annually or at any time the defendant's
  financial status or required payments change in such a way that the
  defendant's ability to make a payment previously ordered by the
  court is substantially hindered; and
               (2)  at any hearing held under Article 42A.751(d).
         (c)  If the court determines that the defendant does not have
  sufficient resources or income to make any payment ordered by the
  court, including a payment required under Article 42A.652, the
  judge shall determine whether all or a portion of the payment should
  be:
               (1)  required to be paid at a later date or in a
  specified portion at designated intervals;
               (2)  waived completely or partially under Article
  43.091 or 45.0491;
               (3)  discharged by performing community service under
  Article 42A.304 or 45.049, as applicable; or
               (4)  satisfied through any combination of methods under
  Subdivisions (1)-(3).
         SECTION 11.  Article 42A.701, Code of Criminal Procedure, is
  amended by amending Subsections (a), (b), and (d) and adding
  Subsections (b-1) and (c-1) to read as follows:
         (a)  At any time after the defendant's time served on
  community supervision plus time credits received under Article
  42A.702 equals [defendant has satisfactorily completed] one-third
  of the original community supervision period or two years [of
  community supervision], whichever is less, the judge may reduce or
  terminate the period of community supervision.
         (b)  Once a defendant's time served on community supervision
  plus time credits received under Article 42A.702 equals [On
  completion of] one-half of the original community supervision
  period or two years [of community supervision], whichever is more,
  the judge shall review the defendant's record and consider whether
  to reduce or terminate the period of community supervision, unless
  the defendant:
               (1)  is delinquent in paying required [costs, fines,
  fees, or] restitution that the defendant has the ability to pay; or
               (2)  has not completed court-ordered counseling or
  treatment.
         (b-1)  The supervision officer shall notify the court not
  later than the 30th day after the date a defendant who at the time of
  the review required by Subsection (b) was delinquent in paying
  restitution or had not completed court-ordered counseling or
  treatment, completes the remaining court-ordered counseling or
  treatment and makes the delinquent restitution payments, as
  applicable.  The court shall review the defendant's record and
  consider whether to reduce or terminate the period of community
  supervision.
         (c-1)  If, at the time a court conducts a review of a
  defendant's record under this article, the defendant has been
  compliant with the terms of community supervision for the preceding
  six months, the judge shall terminate the period of community
  supervision and discharge the defendant, unless the judge makes a
  finding that there is a substantial and compelling objective reason
  to deny early termination.  Substantial and compelling reasons are
  limited to the following circumstances:
               (1)  the defendant has exhibited a pattern of behavior
  while on community supervision indicating the defendant would be a
  substantial risk to public safety, including major violations of
  conditions of community supervision or additional criminal
  convictions;
               (2)  there is verified objective evidence of
  substantial risk of harm to a victim of the offense for which the
  defendant is on community supervision;
               (3)  the defendant has threatened harm to another
  person;
               (4)  the defendant is a suspect in an active criminal
  investigation; or
               (5)  the defendant is the subject of a pending felony
  charge.
         (d)  If the judge determines that the defendant has not been
  compliant with the terms [failed to satisfactorily fulfill the
  conditions] of community supervision for the preceding six months,
  or if the judge makes a finding under Subsection (c-1)(1) or (2),
  the judge shall advise the defendant in writing of the requirements
  for satisfactorily fulfilling those conditions.  As soon as
  practicable after the 180th day after the date the judge advises the
  defendant under this subsection, but not later than the 270th day
  after that date, the judge shall review the defendant's record and
  again consider whether to reduce or terminate the period of
  community supervision.
         SECTION 12.  Articles 42A.702(a), (c), and (d), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  This article applies only to a defendant who[:
               [(1)]  is granted community supervision, including
  deferred adjudication community supervision, for an offense
  punishable as a state jail felony or a felony of the third degree,
  other than an offense:
               (1) [(A)]  included as a "reportable conviction or
  adjudication" under Article 62.001(5);
               (2)  [(B)     involving family violence as defined by
  Section 71.004, Family Code;
                     [(C)]  under Section 20.03 or 28.02, Penal Code;
  or
               (3) [(D)]  under Chapter 49, Penal Code[;
               [(2)     is not delinquent in paying required costs,
  fines, or fees; and
               [(3)     has fully satisfied any order to pay restitution
  to a victim].
         (c)  A defendant is entitled to time credits toward the
  completion of the defendant's period of community supervision for
  the full payment of court costs, fines, attorney's fees, and
  restitution as follows:
               (1)  court costs: 60 [15] days;
               (2)  fines: 90 [30] days;
               (3)  attorney's fees: 90 [30] days; and
               (4)  restitution: 120 [60] days.
         (d)  A defendant is entitled to time credits toward the
  completion of the defendant's period of community supervision for
  the successful completion of treatment or rehabilitation programs
  as follows:
               (1)  parenting class or parental responsibility
  program: 90 [30] days;
               (2)  anger management program: 90 [30] days;
               (3)  life skills training program: 90 [30] days;
               (4)  vocational, technical, or career education or
  training program: 120 [60] days; [and]
               (5)  alcohol or substance abuse counseling or
  treatment: 120 [90] days; and
               (6)  any other faith-based, volunteer, or
  community-based program ordered or approved by the court: 90 days.
         SECTION 13.  Article 42A.751(i), Code of Criminal Procedure,
  is amended to read as follows:
         (i)  In a revocation hearing at which it is alleged only that
  the defendant violated the conditions of community supervision by
  failing to pay community supervision fees or court costs or by
  failing to pay the costs of legal services as described by Article
  42A.301(b)(8) [42A.301(11)], 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.
         SECTION 14.  Section 103.021, Government Code, is amended to
  read as follows:
         Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES:  CODE OF CRIMINAL PROCEDURE.  An accused or
  defendant, or a party to a civil suit, as applicable, shall pay the
  following fees and costs under the Code of Criminal Procedure if
  ordered by the court or otherwise required:
               (1)  a personal bond fee (Art. 17.42, Code of Criminal
  Procedure) . . . the greater of $20 or three percent of the amount
  of the bail fixed for the accused;
               (2)  cost of electronic monitoring as a condition of
  release on personal bond (Art. 17.43, Code of Criminal Procedure)
  . . . actual cost;
               (3)  a fee for verification of and monitoring of motor
  vehicle ignition interlock (Art. 17.441, Code of Criminal
  Procedure) . . . not to exceed $10;
               (3-a)  costs associated with operating a global
  positioning monitoring system as a condition of release on bond
  (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
  subject to a determination of indigency;
               (3-b)  costs associated with providing a defendant's
  victim with an electronic receptor device as a condition of the
  defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
  Procedure) . . . actual costs, subject to a determination of
  indigency;
               (4)  repayment of reward paid by a crime stoppers
  organization on conviction of a felony (Art. 37.073, Code of
  Criminal Procedure) . . . amount ordered;
               (5)  reimbursement to general revenue fund for payments
  made to victim of an offense as condition of community supervision
  (Art. 42A.301(b)(14) [42A.301(17)], Code of Criminal Procedure)
  . . . not to exceed $50 for a misdemeanor offense or $100 for a
  felony offense;
               (6)  payment to a crime stoppers organization as
  condition of community supervision (Art. 42A.301(b)(17)
  [42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
               (7)  children's advocacy center fee (Art. 42A.455, Code
  of Criminal Procedure) . . . not to exceed $50;
               (8)  family violence center fee (Art. 42A.504(b), Code
  of Criminal Procedure) . . . $100;
               (9)  community supervision fee (Art. 42A.652(a), Code
  of Criminal Procedure) . . . not less than $25 or more than $60 per
  month;
               (10)  additional community supervision fee for certain
  offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
  month;
               (11)  for certain financially able sex offenders as a
  condition of community supervision, the costs of treatment,
  specialized supervision, or rehabilitation (Art. 42A.452, Code of
  Criminal Procedure) . . . all or part of the reasonable and
  necessary costs of the treatment, supervision, or rehabilitation as
  determined by the judge;
               (12)  fee for failure to appear for trial in a justice
  or municipal court if a jury trial is not waived (Art. 45.026, Code
  of Criminal Procedure) . . . costs incurred for impaneling the
  jury;
               (13)  costs of certain testing, assessments, or
  programs during a deferral period (Art. 45.051, Code of Criminal
  Procedure) . . . amount ordered;
               (14)  special expense on dismissal of certain
  misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
  . . . not to exceed amount of fine assessed;
               (15)  an additional fee:
                     (A)  for a copy of the defendant's driving record
  to be requested from the Department of Public Safety by the judge
  (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
  to the sum of the fee established by Section 521.048,
  Transportation Code, and the state electronic Internet portal fee;
                     (B)  as an administrative fee for requesting a
  driving safety course or a course under the motorcycle operator
  training and safety program for certain traffic offenses to cover
  the cost of administering the article (Art. 45.0511(f)(1), Code of
  Criminal Procedure) . . . not to exceed $10; or
                     (C)  for requesting a driving safety course or a
  course under the motorcycle operator training and safety program
  before the final disposition of the case (Art. 45.0511(f)(2), Code
  of Criminal Procedure) . . . not to exceed the maximum amount of the
  fine for the offense committed by the defendant;
               (16)  a request fee for teen court program (Art.
  45.052, Code of Criminal Procedure) . . . $20, if the court
  ordering the fee is located in the Texas-Louisiana border region,
  but otherwise not to exceed $10;
               (17)  a fee to cover costs of required duties of teen
  court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
  court ordering the fee is located in the Texas-Louisiana border
  region, but otherwise $10;
               (18)  a mileage fee for officer performing certain
  services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
  mile;
               (19)  certified mailing of notice of hearing date (Art.
  102.006, Code of Criminal Procedure) . . . $1, plus postage;
               (20)  certified mailing of certified copies of an order
  of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
  plus postage;
               (20-a)  a fee to defray the cost of notifying state
  agencies of orders of expungement (Art. 45.0216, Code of Criminal
  Procedure) . . . $30 per application;
               (21)  sight orders:
                     (A)  if the face amount of the check or sight order
  does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $10;
                     (B)  if the face amount of the check or sight order
  is greater than $10 but does not exceed $100 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $15;
                     (C)  if the face amount of the check or sight order
  is greater than $100 but does not exceed $300 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $30;
                     (D)  if the face amount of the check or sight order
  is greater than $300 but does not exceed $500 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $50; and
                     (E)  if the face amount of the check or sight order
  is greater than $500 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $75;
               (22)  fees for a pretrial intervention program:
                     (A)  a supervision fee (Art. 102.012(a), Code of
  Criminal Procedure) . . . $60 a month plus expenses; and
                     (B)  a district attorney, criminal district
  attorney, or county attorney administrative fee (Art. 102.0121,
  Code of Criminal Procedure) . . . not to exceed $500;
               (23)  parking fee violations for child safety fund in
  municipalities with populations:
                     (A)  greater than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not less than $2 and not to exceed $5; and
                     (B)  less than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not to exceed $5;
               (24)  an administrative fee for collection of fines,
  fees, restitution, or other costs (Art. 102.072, Code of Criminal
  Procedure) . . . not to exceed $2 for each transaction;
               (25)  a collection fee, if authorized by the
  commissioners court of a county or the governing body of a
  municipality, for certain debts and accounts receivable, including
  unpaid fines, fees, court costs, forfeited bonds, and restitution
  ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
  percent of an amount more than 60 days past due; and
               (26)  a cost on conviction for the truancy prevention
  and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
  $2.
         SECTION 15.  Section 509.011(e), Government Code, is amended
  to read as follows:
         (e)  In establishing per diem payments authorized by
  Subsections (a)(1) and (a)(2), the division shall consider the
  amounts appropriated in the General Appropriations Act for basic
  supervision as sufficient to provide basic supervision in each year
  of the fiscal biennium. For purposes of funding distributed for a
  defendant described by Subsection (a)(1), the division shall adopt
  provisions to award additional per capita funding based on each
  felony defendant supervised by a department who receives a
  discharge following:
               (1)  the successful completion of the period of
  community supervision; or
               (2)  an early termination of community supervision
  under Article 42A.111 or 42A.701, Code of Criminal Procedure, as
  applicable.
         SECTION 16.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 17.  Section 509.011, Government Code, as amended by
  this Act, applies only to a payment based on an appropriation made
  for any state fiscal year beginning on or after September 1, 2020.
         SECTION 18.  (a) Except as provided by Subsection (b) of
  this section, the change in law made by this Act to Chapter 42A,
  Code of Criminal Procedure, applies to a person on 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.
         (b)  The change in law made by this Act to the amount of a
  time credit to which a defendant is entitled under Article
  42A.702(d), Code of Criminal Procedure, for successfully
  completing a treatment or rehabilitation program described by that
  article, applies only to a program that is completed on or after the
  effective date of this Act, regardless of whether the program began
  before, on, or after the effective date of this Act. The amount of a
  time credit for a program that was completed before the effective
  date of this Act is governed by the law in effect on the date the
  program was completed, and the former law is continued in effect for
  that purpose.
         SECTION 19.  This Act takes effect September 1, 2019.
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