Bill Text: TX HB3633 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to reimbursement for the costs of legal services provided to an indigent defendant in a criminal case.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-05-23 - Effective on 9/1/15 [HB3633 Detail]
Download: Texas-2015-HB3633-Comm_Sub.html
Bill Title: Relating to reimbursement for the costs of legal services provided to an indigent defendant in a criminal case.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-05-23 - Effective on 9/1/15 [HB3633 Detail]
Download: Texas-2015-HB3633-Comm_Sub.html
By: Herrero, Collier (Senate Sponsor - West) | H.B. No. 3633 | |
(In the Senate - Received from the House April 22, 2015; | ||
April 23, 2015, read first time and referred to Committee on | ||
Criminal Justice; May 6, 2015, reported favorably by the following | ||
vote: Yeas 7, Nays 0; May 6, 2015, sent to printer.) | ||
COMMITTEE VOTE | ||
YeaNayAbsentPNV | ||
WhitmireX | ||
HuffmanX | ||
BurtonX | ||
CreightonX | ||
HinojosaX | ||
MenéndezX | ||
PerryX | ||
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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 [ |
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financial resources that enable the defendant [ |
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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 [ |
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pay during the pendency of the charges or, if convicted, as court | ||
costs the amount that the judge [ |
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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 [ |
||
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; [ |
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(B) if the defendant was represented by a public | ||
defender's office, the actual [ |
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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); [ |
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(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 [ |
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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 | ||
[ |
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fees[ |
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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. | ||
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