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