| 1 | 1 | | 83R5486 MAW-F |
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| 2 | 2 | | By: Moody H.B. No. 1067 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain waivers by a defendant regarding a community |
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| 8 | 8 | | supervision revocation hearing. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21(b-2), Article 42.12, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | (b-2) If the defendant has not been released on bail as |
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| 13 | 13 | | permitted under Subsection (b-1), on motion by the defendant the |
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| 14 | 14 | | judge who ordered the arrest for the alleged violation of a |
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| 15 | 15 | | condition of community supervision shall cause the defendant to be |
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| 16 | 16 | | brought before the judge for a hearing on the alleged violation |
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| 17 | 17 | | within 20 days of filing of the [said] motion, and after a hearing |
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| 18 | 18 | | without a jury, may either continue, extend, modify, or revoke the |
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| 19 | 19 | | community supervision. A judge may revoke the community |
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| 20 | 20 | | supervision of a defendant who is imprisoned in a penal institution |
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| 21 | 21 | | without a hearing if the defendant, in writing before a court of |
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| 22 | 22 | | record or a notary public in the jurisdiction where imprisoned, |
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| 23 | 23 | | waives the defendant's [his] right to a hearing and to counsel, |
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| 24 | 24 | | affirms that the defendant [he] has nothing to say as to why |
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| 25 | 25 | | sentence should not be pronounced against the defendant [him], and |
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| 26 | 26 | | requests the judge to revoke community supervision and to pronounce |
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| 27 | 27 | | sentence. In a felony case, the state may amend the motion to |
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| 28 | 28 | | revoke community supervision any time up to seven days before the |
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| 29 | 29 | | date of the revocation hearing, after which time the motion may not |
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| 30 | 30 | | be amended except for good cause shown, and in no event may the |
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| 31 | 31 | | state amend the motion after the commencement of taking evidence at |
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| 32 | 32 | | the hearing. The judge may continue the hearing for good cause |
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| 33 | 33 | | shown by either the defendant or the state. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2013. |
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