Texas 2015 - 84th Regular

Texas House Bill HB518 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Moody (Senate Sponsor - Rodríguez) H.B. No. 518
2		-	(In the Senate - Received from the House April 22, 2015;
3		-	May 4, 2015, read first time and referred to Committee on Criminal
4		-	Justice; May 21, 2015, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 21, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 518
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to certain waivers by a defendant regarding a community
12	6		supervision revocation hearing.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 21(b-2), Article 42.12, Code of Criminal
15	9		Procedure, is amended to read as follows:
16	10		(b-2) If the defendant has not been released on bail as
17	11		permitted under Subsection (b-1), on motion by the defendant the
18	12		judge who ordered the arrest for the alleged violation of a
19	13		condition of community supervision shall cause the defendant to be
20	14		brought before the judge for a hearing on the alleged violation
21	15		within 20 days of filing of the [said] motion, and after a hearing
22	16		without a jury, may either continue, extend, modify, or revoke the
23	17		community supervision. A judge may revoke the community
24	18		supervision of a defendant who is imprisoned in a penal institution
25	19		without a hearing if the defendant, in writing before a court of
26	20		record or a notary public in the jurisdiction where imprisoned,
27	21		waives the defendant's [his] right to a hearing and to counsel,
28	22		affirms that the defendant [he] has nothing to say as to why
29	23		sentence should not be pronounced against the defendant [him], and
30	24		requests the judge to revoke community supervision and to pronounce
31	25		sentence. In a felony case, the state may amend the motion to
32	26		revoke community supervision any time up to seven days before the
33	27		date of the revocation hearing, after which time the motion may not
34	28		be amended except for good cause shown, and in no event may the
35	29		state amend the motion after the commencement of taking evidence at
36	30		the hearing. The judge may continue the hearing for good cause
37	31		shown by either the defendant or the state.
38	32		SECTION 2. This Act takes effect September 1, 2015.
39		-	* * * * *
	33	+	______________________________ ______________________________
	34	+	President of the Senate Speaker of the House
	35	+	I certify that H.B. No. 518 was passed by the House on April
	36	+	21, 2015, by the following vote: Yeas 145, Nays 0, 1 present, not
	37	+	voting.
	38	+	______________________________
	39	+	Chief Clerk of the House
	40	+	I certify that H.B. No. 518 was passed by the Senate on May
	41	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	42	+	______________________________
	43	+	Secretary of the Senate
	44	+	APPROVED: _____________________
	45	+	Date
	46	+	_____________________
	47	+	Governor