By: Huffman	S.B. No. 900
	(In the Senate - Filed February 15, 2017; February 28, 2017,
	read first time and referred to Committee on State Affairs;
	April 27, 2017, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 9, Nays 0; April 27, 2017,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 900	By:  Huffman

	A BILL TO BE ENTITLED
	AN ACT
	relating to enhanced penalties for certain family violence
	offenses; imposing court costs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
	by adding Section 12.475 to read as follows:
	Sec. 12.475.  PENALTY FOR REPEAT FAMILY VIOLENCE OFFENDERS.
	(a)  This section applies only to an offense that is:
	(1)  a Class A misdemeanor or any higher category of
	offense; and
	(2)  committed under:
	(A)  Title 5, if an affirmative finding under
	Article 42.013, Code of Criminal Procedure, is made in the trial of
	the offense; or
	(B)  Section 25.11.
	(b)  An offense described by Subsection (a) is a felony of
	the second degree if it is shown on the trial of the offense that the
	actor has been previously convicted two or more times of any offense
	described by that subsection.  This subsection does not apply to an
	offense that is a felony of the first degree or a capital felony.
	(c)  For the purposes of this section, a defendant has been
	previously convicted of an offense described by Subsection (a) if
	the defendant was adjudged guilty of the offense or entered a plea
	of guilty or nolo contendere in return for a grant of deferred
	adjudication community supervision, regardless of whether the
	sentence for the offense was ever imposed or whether the sentence
	was probated and the defendant was subsequently discharged from
	community supervision.
	(d)  A previous conviction for an offense described by
	Subsection (a) may be used for purposes of enhancement under this
	section or enhancement under another provision of this subchapter,
	but not under both this section and the other provision of this
	subchapter.
	(e)  If the punishment scheme for an offense described by
	Subsection (a) contains a specific enhancement provision
	increasing punishment to a felony of the first degree for a
	defendant who has previously been convicted of the offense, the
	specific enhancement provision controls over this section.
	SECTION 2.  Section 22.01, Penal Code, is amended by adding
	Subsection (b-2) to read as follows:
	(b-2)  Notwithstanding Subsection (b), unless an exception
	is otherwise provided by that subsection, an offense under
	Subsection (a)(1) is a Class A misdemeanor with a minimum term of
	confinement of 30 days if:
	(1)  the offense is committed against a person whose
	relationship to or association with the defendant is described by
	Section 71.0021(b), 71.003, or 71.005, Family Code;
	(2)  the offense is committed in the physical presence
	or within the hearing of a person who is younger than 15 years of
	age; and
	(3)  at the time of the offense, the person has
	knowledge or reason to know that the person who is younger than 15
	years of age is present and may see or hear the offense.
	SECTION 3.  Article 42A.504, Code of Criminal Procedure, is
	amended by adding Subsections (e) and (f) to read as follows:
	(e)  If a defendant is convicted of and placed on community
	supervision for, or placed on deferred adjudication community
	supervision for, an offense punished under Section 12.475, Penal
	Code, the judge shall require as a condition of community
	supervision that the defendant submit to a term of confinement of
	not less than 90 days.
	(f)  If a defendant is convicted of and placed on community
	supervision for, or placed on deferred adjudication community
	supervision for, an offense under Section 22.01, Penal Code, and
	punished under Subsection (b-2) of that section, the judge shall
	require as a condition of community supervision that the defendant
	submit to not less than five days of continuous confinement in
	county jail.
	SECTION 4.  Subchapter A, Chapter 102, Code of Criminal
	Procedure, is amended by adding Article 102.0188 to read as
	follows:
	Art. 102.0188.  ADDITIONAL COSTS ATTENDANT TO CERTAIN FAMILY
	VIOLENCE CONVICTIONS. (a)  A defendant shall pay $500 on
	conviction of an offense punished under Section 12.475, Penal Code.
	(b)  Costs imposed under this article are imposed without
	regard to whether the defendant is placed on community supervision
	after being convicted of the offense or is placed on deferred
	adjudication community supervision for the offense.
	(c)  The clerks of the respective courts shall collect the
	costs and pay them to the county treasurer, or to any other official
	who discharges the duties commonly delegated to the county
	treasurer, for deposit in a fund to be known as the family violence
	prevention fund.  A fund designated by this subsection may be used
	only to fund family violence prevention programs, battering
	intervention and prevention programs, family violence centers, and
	other resources for victims of family violence in the county where
	the court is located.
	(d)  The county family violence prevention fund shall be
	administered by or under the direction of the commissioners court.
	SECTION 5.  Subchapter B, Chapter 102, Government Code, is
	amended by adding Section 102.0216 to read as follows:
	Sec. 102.0216.  ADDITIONAL COURT COSTS:  CODE OF CRIMINAL
	PROCEDURE. A defendant convicted of an offense punished under
	Section 12.475, Penal Code, shall pay a cost on conviction, in
	addition to all other costs, to fund resources for victims of family
	violence (Art. 102.0188, Code of Criminal Procedure) . . . $500.
	SECTION 6.  The changes in law made by this Act apply only to
	an offense committed on or after the effective date of this Act. An
	offense committed before the effective date of this Act is governed
	by the law in effect on the date the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this section, an offense was committed before the effective date of
	this Act if any element of the offense occurred before that date.
	SECTION 7.  This Act takes effect only if a specific
	appropriation for the implementation of the Act is provided in a
	general appropriations act of the 85th Legislature.
	SECTION 8.  This Act takes effect September 1, 2017.
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