Texas House Bill HB931

Texas 2021 - 87th Regular

Caption

Relating to certain violations of conditions of community supervision related to testing for alcohol or controlled substances.

Impact

The bill modifies Article 42A.751 of the Code of Criminal Procedure to ensure that judges consider the context of a defendant's participation in rehabilitation before taking punitive actions. By mandating that judges explore options like modifying community supervision to incorporate ongoing counseling instead of immediate revocation, the bill aims to support individuals in recovery and reduce recidivism rates. This reflects a shift towards favoring rehabilitation over punitive measures in the justice system.

Summary

House Bill 931 addresses the conditions under which community supervision may be revoked for defendants who have violated testing protocols related to alcohol or controlled substances. The bill specifically provides that a judge cannot revoke a defendant's community supervision solely based on such testing violations if the defendant is actively participating in counseling or treatment programs. This provision underscores a rehabilitative approach, favoring treatment over punishment for individuals striving to overcome substance abuse issues.

Contention

During discussions surrounding HB 931, some lawmakers expressed concern regarding the potential for this bill to limit judicial authority and discretion. Critics may argue that allowing exceptions for those participating in treatment could undermine accountability for those who violate supervision terms. Proponents, however, contend that this creates a more just and supportive framework for individuals struggling with addiction, emphasizing the importance of facilitating recovery rather than simply punishing failures to comply with testing requirements.