Bill Text: TX HB2973 | 2019-2020 | 86th 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) 2019-04-26 - Committee report sent to Calendars [HB2973 Detail]
Download: Texas-2019-HB2973-Introduced.html
| 86R2220 MAW-D | ||
| By: González of Dallas | H.B. No. 2973 | |
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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, 2019. | ||
