Texas Code of Criminal Procedure

Art. Art. 42A.504
Community Supervision for Certain Offenses Involving Family Violence; Special Conditions


(a)

In this article:

(1)

“Family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.

(2)

“Family violence center” has the meaning assigned by Section 51.002 (Definitions), Human Resources Code.

(b)

If a judge grants community supervision to a defendant convicted of an offense under Title 5, Penal Code, that the court determines involves family violence, the judge shall require the defendant to pay a fine of $100 to a family violence center that:

(1)

receives state or federal funds; and

(2)

serves the county in which the court is located.

(c)

If the court grants community supervision to a defendant convicted of an offense involving family violence, the court may require the defendant, at the direction of the supervision officer, to:

(1)

attend a battering intervention and prevention program or counsel with a provider of battering intervention and prevention services if the program or provider has been accredited under Section 4A, Article 42.141 (Battering Intervention and Prevention Program), as conforming to program guidelines under that article; or

(2)

if the referral option under Subdivision (1) is not available, attend counseling sessions for the elimination of violent behavior with a licensed counselor, social worker, or other professional who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152 (State Board of Medical Examiners), 501 (Psychologists), 502 (Marriage and Family Therapists), 503 (Licensed Professional Counselors), and 505 (Social Workers), Occupations Code, and experts in the field of family violence.

(d)

If the court requires the defendant to attend counseling or a program, the court shall require the defendant to begin attendance not later than the 60th day after the date the court grants community supervision, notify the supervision officer of the name, address, and phone number of the counselor or program, and report the defendant’s attendance to the supervision officer. The court shall require the defendant to pay all the reasonable costs of the counseling sessions or attendance in the program on a finding that the defendant is financially able to make payment. If the court finds the defendant is unable to make payment, the court shall make the counseling sessions or enrollment in the program available without cost to the defendant. The court may also require the defendant to pay all or a part of the reasonable costs incurred by the victim for counseling made necessary by the offense, on a finding that the defendant is financially able to make payment. The court may order the defendant to make payments under this subsection for a period not to exceed one year after the date on which the order is entered.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.14, eff. January 1, 2020.
Source

Last accessed
Jun. 7, 2021