bill on extending probation over unpaid fines

The text as introduced · 436 words

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.