84R4549 MAW-F
	By: Herrero	H.B. No. 3633

	A BILL TO BE ENTITLED
	AN ACT
	relating to reimbursement for the costs of legal services provided
	to an indigent defendant in a criminal case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 26.05(g), Code of Criminal Procedure, is
	amended to read as follows:
	(g)  If the judge [court] determines that a defendant has
	financial resources that enable the defendant [him] 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, the judge [court] shall order the defendant to
	pay during the pendency of the charges or, if convicted, as court
	costs the amount that the judge [it] finds the defendant is able to
	pay. The defendant may not be ordered to pay an amount that exceeds:
	(1)  the actual costs, including any expenses and
	costs, paid by the county for the legal services provided by an
	appointed attorney; or
	(2)  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.
	SECTION 2.  Sections 11(a) and (b), Article 42.12, Code of
	Criminal Procedure, are 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)  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 [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; [compensation paid to appointed counsel for
	defending the defendant in the case, if counsel was appointed,] or
	(B)  if the defendant was represented by a public
	defender's office, the actual [in an] 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;
	(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 Department of State Health
	Services;
	(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; and
	(24)  Reimburse the county in which the prosecution was
	instituted for compensation paid to any interpreter in the case.
	(b)(1)  A judge may not order a defendant to make any
	payments as a term or condition of community supervision, except
	for:
	(A)  fines, court costs, and restitution to the
	victim;
	(B)  reimbursement of a county as described by
	Subsection (a)(11); [,] and
	(C)  other conditions related personally to the
	rehabilitation of the defendant or otherwise expressly authorized
	by law.
	(2)  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 Subsection (a)(11) if the
	defendant has already satisfied that obligation under Article
	26.05(g).
	(3)  The court shall consider the ability of the
	defendant to make payments before [in] ordering the defendant to
	make payments under this article.
	SECTION 3.  Section 21(c), Article 42.12, Code of Criminal
	Procedure, is amended to read as follows:
	(c)  The court may not revoke the community supervision of a
	defendant if, at the community supervision revocation hearing, the
	court finds that the only evidence supporting the alleged violation
	of a condition of community supervision is the uncorroborated
	results of a polygraph examination. 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[,] or court costs or by failing to pay the costs of legal
	services as described by Section 11(a)(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.  The court may order a
	community supervision and corrections department to obtain
	information pertaining to the factors listed under Article
	42.037(h) and include that information in the report required under
	Section 9(a) or a separate report, as the court directs.
	SECTION 4.  The change in law made by this Act applies only
	to a criminal hearing or proceeding that commences on or after the
	effective date of this Act, regardless of when the defendant
	committed the underlying offense for which the defendant became
	subject to the hearing or proceeding. A criminal hearing or
	proceeding that commences before the effective date of this Act is
	governed by the law in effect on the date the hearing or proceeding
	commenced, and the former law is continued in effect for that
	purpose.
	SECTION 5.  This Act takes effect September 1, 2015.