Bill Text: TX SB527 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a defendant's payment of costs associated with a court-appointed counsel.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB527 Detail]
Download: Texas-2017-SB527-Engrossed.html
Bill Title: Relating to a defendant's payment of costs associated with a court-appointed counsel.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB527 Detail]
Download: Texas-2017-SB527-Engrossed.html
By: Birdwell | S.B. No. 527 |
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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, Code of Criminal Procedure, is | ||
amended by adding Subsection (g-1) to read as follows: | ||
(g-1)(1) This subsection applies only to a defendant who 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. | ||
(2) At any time during a defendant's sentence of | ||
confinement or period of community supervision, the judge, after | ||
providing written notice to the defendant and an opportunity for | ||
the defendant to present information relevant to the defendant's | ||
ability to pay, may order a defendant to whom this subsection | ||
applies to pay any unpaid portion of the amount described by | ||
Subsection (g)(1) or (2), as applicable, if the judge determines | ||
that the defendant has the financial resources to pay the | ||
additional portion. | ||
(3) The judge may amend an order entered under | ||
Subdivision (2) if, subsequent to the judge's determination under | ||
that subdivision, the judge determines that the defendant is | ||
indigent or demonstrates an inability to pay the amount ordered. | ||
(4) In making a determination under this subsection, | ||
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). | ||
(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 this subsection. | ||
SECTION 2. This Act takes effect September 1, 2017. |