Bill Text: TX SB460 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the extension of the period of community supervision for certain defendants who fail to pay a previously assessed fine or cost.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-17 - Referred to Criminal Justice [SB460 Detail]

Download: Texas-2023-SB460-Introduced.html

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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.