87(R) HB 385 - Enrolled version - Bill Text

	H.B.  No.  385

	AN ACT
	relating to conditions of community supervision and procedures
	applicable to the reduction or termination of a defendant's period
	of community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    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 the defendant's progress under supervision.
	SECTION  2.    Article 42A.301(b), Code of Criminal Procedure,
	is 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, 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;
	(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;
	(9)  [(10)]    participate, for a period specified by the
	judge, in any community-based program, including a community
	service project under Article 42A.304;
	(10)  [(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;
	(11)  [(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
	the facility for room and board;
	(12)  [(13)]    submit to testing for alcohol or
	controlled substances;
	(13)  [(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;
	(14)  [(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;