Bill Text: TX HB2784 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a defendant's payment of costs associated with a court-appointed counsel.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-17 - Referred to Criminal Jurisprudence [HB2784 Detail]
Download: Texas-2021-HB2784-Introduced.html
87R1492 MAW-D | ||
By: González of Dallas | H.B. No. 2784 |
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relating to a defendant's payment of costs associated with a | ||
court-appointed counsel. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 26.05(g-1)(1), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(1) This subsection applies only to a defendant who: | ||
(A) at the time of sentencing to confinement or | ||
placement on community supervision, including deferred | ||
adjudication community supervision, did not have the financial | ||
resources to pay the maximum amount described by Subsection (g)(1) | ||
or (2), as applicable, for legal services provided to the | ||
defendant; or | ||
(B) is subject to an order under Subsection (g-2) | ||
to pay a reduced amount for legal services provided to the | ||
defendant, regardless of the amount of financial resources | ||
available to the defendant at the time the defendant was sentenced | ||
to confinement or placed on community supervision. | ||
SECTION 2. Article 26.05, Code of Criminal Procedure, is | ||
amended by adding Subsections (g-2), (g-3), (g-4), and (g-5) to | ||
read as follows: | ||
(g-2)(1) At any time during the sentence of confinement or | ||
period of community supervision of a defendant who has been ordered | ||
under Subsection (g) or (g-1) to pay in part or in whole the costs of | ||
legal services provided to the defendant, the judge shall, on | ||
written request of the defendant, provide the defendant with the | ||
opportunity to present evidence that the defendant no longer has | ||
the financial resources to pay the amount ordered. If the judge | ||
determines that the defendant is indigent or demonstrates an | ||
inability to pay the amount ordered, the judge shall amend the | ||
applicable order to require the defendant to pay a reduced amount, | ||
if any, based on the defendant's ability to pay. | ||
(2) The judge may, on the judge's own motion, amend the | ||
applicable order as provided by Subdivision (1) on making the | ||
determination required by that subdivision. | ||
(g-3) In making a determination under Subsection (g-1) or | ||
(g-2), the judge may only consider the information a court or | ||
courts' designee is authorized to consider in making an indigency | ||
determination under Article 26.04(m). | ||
(g-4) The jurisdiction of the judge to enter an order under | ||
Subsection (g-1) or (g-2) continues until the defendant has | ||
discharged the sentence or completed the period of community | ||
supervision. | ||
(g-5) Notwithstanding any other law, the judge may not | ||
revoke or extend the defendant's period of community supervision | ||
solely to collect the amount the defendant has been ordered to pay | ||
under Subsection (g-1) or (g-2). | ||
SECTION 3. Articles 26.05(g-1)(3), (4), and (5), Code of | ||
Criminal Procedure, are repealed. | ||
SECTION 4. The change in law made by this Act applies to a | ||
defendant who, on or after the effective date of this Act, is | ||
serving a sentence of confinement or is on community supervision, | ||
including deferred adjudication community supervision, regardless | ||
of whether the defendant was sentenced to confinement or placed on | ||
community supervision before, on, or after the effective date of | ||
this Act. | ||
SECTION 5. This Act takes effect September 1, 2021. |