Bill Text: TX SB527 | 2017-2018 | 85th Legislature | Enrolled
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-Enrolled.html
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 527 passed the Senate on | ||
May 2, 2017, by the following vote: Yeas 31, Nays 0; | ||
May 15, 2017, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 19, 2017, House | ||
granted request of the Senate; May 28, 2017, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 29, | ||
Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 527 passed the House, with | ||
amendments, on May 9, 2017, by the following vote: Yeas 146, | ||
Nays 0, one present not voting; May 19, 2017, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 25, 2017, House adopted Conference Committee Report by the | ||
following vote: Yeas 145, Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |