Texas 2015 - 84th Regular

Texas Senate Bill SB1686 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Ellis S.B. No. 1686
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	Relating to revocation of community supervision for use or
7	7	possession of small amounts of marihuana.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 21 Article 42.12, Code of Criminal
10	10	Procedure, are amended to read as follows:
11	11	(a) At any time during the period of community supervision
12	12	the judge may issue a warrant for violation of any of the conditions
13	13	of the community supervision and cause a defendant convicted under
14	14	Section 43.02, Penal Code, or under Chapter 481, Health and Safety
15	15	Code, or Sections 485.031 through 485.035, Health and Safety Code,
16	16	or placed on deferred adjudication after being charged with one of
17	17	those offenses, to be subject to the control measures of Section
18	18	81.083, Health and Safety Code, and to the court-ordered-management
19	19	provisions of Subchapter G, Chapter 81, Health and Safety Code.
20	20	(b) At any time during the period of community supervision
21	21	the judge may issue a warrant for violation of any of the conditions
22	22	of the community supervision and cause the defendant to be
23	23	arrested. Any supervision officer, police officer or other officer
24	24	with power of arrest may arrest such defendant with or without a
25	25	warrant upon the order of the judge to be noted on the docket of the
26	26	court. Subject to Subsection (b-1), a defendant arrested under
27	27	this subsection may be detained in the county jail or other
28	28	appropriate place of confinement until he can be taken before the
29	29	judge for a determination regarding the alleged violation. The
30	30	arresting officer shall immediately report the arrest and detention
31	31	to the judge.
32	32	(b-1) Without any unnecessary delay, but not later than 48
33	33	hours after the person is arrested, the arresting officer or the
34	34	person with custody of the arrested person shall take the arrested
35	35	person before the judge who ordered the arrest for the alleged
36	36	violation of a condition of community supervision or, if the judge
37	37	is unavailable, before a magistrate of the county in which the
38	38	person was arrested. The judge or magistrate shall perform all
39	39	appropriate duties and may exercise all appropriate powers as
40	40	provided by Article 15.17 with respect to an arrest for a new
41	41	criminal offense, except that only the judge who ordered the arrest
42	42	for the alleged violation may authorize the person's release on
43	43	bail. The arrested person may be taken before the judge or
44	44	magistrate under this subsection by means of an electronic
45	45	broadcast system as provided by and subject to the requirements of
46	46	Article 15.17.
47	47	(b-2) If the defendant has not been released on bail as
48	48	permitted under Subsection (b-1), on motion by the defendant the
49	49	judge who ordered the arrest for the alleged violation of a
50	50	condition of community supervision shall cause the defendant to be
51	51	brought before the judge for a hearing on the alleged violation
52	52	within 20 days of filing of said motion, and after a hearing without
53	53	a jury, may either continue, extend, modify, or revoke the
54	54	community supervision. A judge may revoke the community
55	55	supervision of a defendant who is imprisoned in a penal institution
56	56	without a hearing if the defendant in writing before a court of
57	57	record in the jurisdiction where imprisoned waives his right to a
58	58	hearing and to counsel, affirms that he has nothing to say as to why
59	59	sentence should not be pronounced against him, and requests the
60	60	judge to revoke community supervision and to pronounce sentence.
61	61	In a felony case, the state may amend the motion to revoke community
62	62	supervision any time up to seven days before the date of the
63	63	revocation hearing, after which time the motion may not be amended
64	64	except for good cause shown, and in no event may the state amend the
65	65	motion after the commencement of taking evidence at the hearing.
66	66	The judge may continue the hearing for good cause shown by either
67	67	the defendant or the state.
68	68	(c) The court may not revoke the community supervision of a
69	69	defendant if, at the community supervision revocation hearing, the
70	70	court finds that the only evidence supporting the alleged violation
71	71	of a condition of community supervision is the uncorroborated
72	72	results of a polygraph examination. In a community supervision
73	73	revocation hearing at which it is alleged only that the defendant
74	74	violated the conditions of community supervision by failing to pay
75	75	compensation paid to appointed counsel, community supervision
76	76	fees, or court costs, the state must prove by a preponderance of the
77	77	evidence that the defendant was able to pay and did not pay as
78	78	ordered by the judge. The court may order a community supervision
79	79	and corrections department to obtain information pertaining to the
80	80	factors listed under Article 42.037(h) and include that information
81	81	in the report required under Section 9(a) or a separate report, as
82	82	the court directs.
83	83	(d) A defendant has a right to counsel at a hearing under
84	84	this section. The court shall appoint counsel for an indigent
85	85	defendant in accordance with the procedures adopted under Article
86	86	26.04.
87	87	(e) A court retains jurisdiction to hold a hearing under
88	88	Subsection (b-2) and to revoke, continue, or modify community
89	89	supervision, regardless of whether the period of community
90	90	supervision imposed on the defendant has expired, if before the
91	91	expiration the attorney representing the state files a motion to
92	92	revoke, continue, or modify community supervision and a capias is
93	93	issued for the arrest of the defendant.
94	94	(f) A court may not revoke the community supervision of a
95	95	defendant if, at the community supervision revocation hearing, the
96	96	court finds that the only evidence supporting the alleged violation
97	97	of a condition of community supervision involves conduct that would
98	98	constitute a misdemeanor under Sec. 481.121 of the Health & Safety
99	99	Code, unless there is sufficient evidence of an additional
100	100	violation other than failing to pay compensation paid to appointed
101	101	counsel, community supervision fees, or court costs when the state
102	102	has proven by a preponderance of the evidence that the defendant was
103	103	able to pay and did not pay as ordered by the judge.