Texas House Bill HB3297

Texas 2019 - 86th Regular

Caption

Relating to the revocation of community supervision for a violation of a condition of community supervision involving the commission of an offense.

Impact

The implementation of HB3297 is expected to significantly impact how courts manage community supervision revocations in Texas. By clearly defining that a mere charge or arrest is insufficient grounds for revocation, the bill seeks to reduce the likelihood of penalizing individuals who have not been convicted of a crime. This change may lead to fewer individuals being unjustly punished or returned to incarceration because of accusations, thereby potentially reducing the burden on the state's criminal justice system while promoting fairness for those under supervision.

Summary

House Bill 3297 introduces an amendment to Article 42A.751 of the Code of Criminal Procedure concerning the revocation of community supervision for individuals charged with offenses. The bill specifically states that a court may not revoke a defendant's community supervision solely based on an arrest or charge. A revocation can only occur if the individual is convicted of the offense in question, or if the offense falls under Title 5 of the Penal Code or is listed in Article 42A.054(a). This stipulation is designed to provide greater protections for individuals under community supervision, ensuring that revocation is based on a conviction rather than mere accusations or charges.

Conclusion

Overall, HB3297 reflects a broader trend within legislative reform aimed at revising community supervision protocols in a way that enhances judicial fairness and reduces unnecessary revocations. As it moves through the legislative process, its implications for defendants and the judicial system's handling of community supervision will warrant close monitoring.

Contention

Discussions surrounding HB3297 may touch on concerns regarding public safety and accountability. Supporters of the bill argue that it protects individuals' rights, preventing the penal system from acting prematurely based on mere allegations. Critics, however, may express concern that such a bill could afford too lenient a standard for those in community supervision, allowing individuals charged with serious offenses to evade repercussions until a conviction is secured. The balance between protecting civil liberties and ensuring accountability within the criminal justice framework is likely to be a focal point of contention as the bill is deliberated.