SB54 - Relating to the extension of the period of community supervision for certain defendants who fail to pay a previously assessed fine or cost.

  89R2835 MCF-F     By: Zaffirini S.B. No. 54       A BILL TO BE ENTITLED   AN ACT   relating to the extension of the period of community supervision   for certain defendants who fail to pay a previously assessed fine or   cost.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.753, Code of Criminal Procedure, is   amended by amending Subsections (a) and (b) and adding Subsections   (b-1) and (b-2) to read as follows:          (a)  On a showing of good cause, the judge may extend a period   of community supervision under Article 42A.752(a)(2) as frequently   as the judge determines is necessary, but , except as otherwise   provided by this article, the period of community supervision in a   first, second, or third degree felony case may not exceed 10 years   and [ , except as otherwise provided by Subsection (b), ] the period   of community supervision in a misdemeanor case may not exceed three   years.          (b)   Subject to Subsection (b-2), the [ The ] judge may extend   the period of community supervision in a misdemeanor case for any   period the judge determines is necessary [ , not to exceed an   additional two years beyond the three-year limit provided by   Subsection (a), ] if:                (1)  the defendant fails to pay a previously assessed   [ fine, cost, or ] restitution amount ; and                (2)  the judge determines that extending the   supervision period will increase [ increases ] the likelihood that   the defendant will fully pay the [ fine, cost, or ] restitution   amount .           (b-1)     For any period the judge determines is necessary but   subject to Subsection (b-2), in a felony or misdemeanor case the   judge may extend the period of community supervision based on the   defendant's failure to pay a previously assessed fine or cost only   if the judge, after a hearing, determines that:                 (1)     the defendant has the financial resources to pay   the fine or cost; and                 (2)     extending the supervision period will increase the   likelihood that the defendant will fully pay the fine or cost.           (b-2)     The total length of an extension of the period of   community supervision under Subsection (b) or (b-1), as applicable,   in a felony or misdemeanor case may not exceed an additional two   years beyond the applicable limit provided by Subsection (a).          SECTION 2.  The change in law made by this Act applies to a   person on community supervision, including deferred adjudication   community supervision, on or after the effective date of this Act,   regardless of whether the person was placed on community   supervision before, on, or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.