Bill Text: TX SB686 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the extension of the period of community supervision for certain defendants who fail to pay restitution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-23 - Referred to Criminal Justice [SB686 Detail]
Download: Texas-2011-SB686-Introduced.html
82R7044 MAW-D | ||
By: Huffman | S.B. No. 686 |
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relating to the extension of the period of community supervision | ||
for certain defendants who fail to pay restitution. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22(c), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) The judge may extend a period of community supervision | ||
on a showing of good cause under this section as often as the judge | ||
determines is necessary, but except as otherwise provided by this | ||
subsection, the period of community supervision in a first, second, | ||
or third degree felony case may not exceed 10 years and[ |
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supervision in a misdemeanor case may not exceed three years. The | ||
judge may extend the period of community supervision [ |
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not to exceed an additional two years beyond the three-year limit in | ||
a misdemeanor case, if the defendant fails to pay a previously | ||
assessed fine, costs, or restitution and the judge determines that | ||
extending the period of supervision increases the likelihood that | ||
the defendant will fully pay the fine, costs, or restitution, and | ||
not to exceed an additional five years beyond the 10-year limit in a | ||
first, second, or third degree felony case, if the defendant fails | ||
to pay the restitution and the judge determines that extending the | ||
period of supervision increases the likelihood that the defendant | ||
will fully pay the restitution. A court may extend a period of | ||
community supervision under this section at any time during the | ||
period of supervision or, if a motion for revocation of community | ||
supervision is filed before the period of supervision ends, before | ||
the first anniversary of the date on which the period of supervision | ||
expires. | ||
SECTION 2. Section 22A(c), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) A judge may extend a period of community supervision | ||
under this section only once; however, the judge may extend a period | ||
of community supervision for a defendant under both Section 22(c) | ||
and this section, and the prohibitions [ |
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22(c) against a period of community supervision in a felony case | ||
exceeding 10 years or 15 years, as applicable, do [ |
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to a defendant for whom community supervision is increased under | ||
this section or under both Section 22(c) and this section. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a defendant initially placed on community supervision on or | ||
after the effective date of this Act. A defendant initially placed | ||
on community supervision before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |