| 3 | 5 | | |
|---|
| 4 | 6 | | |
|---|
| 5 | 7 | | A BILL TO BE ENTITLED |
|---|
| 6 | 8 | | AN ACT |
|---|
| 7 | 9 | | relating to certain procedures involving a violation of a condition |
|---|
| 8 | 10 | | of community supervision committed by a defendant who is the sole |
|---|
| 9 | 11 | | caretaker of a child. |
|---|
| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 13 | | SECTION 1. Article 42A.751, Code of Criminal Procedure, is |
|---|
| 12 | 14 | | amended by adding Subsections (m), (n), and (o) to read as follows: |
|---|
| 13 | 15 | | (m) When considering whether to revoke, continue, or modify |
|---|
| 14 | 16 | | the community supervision of a defendant for a violation of a |
|---|
| 15 | 17 | | condition of community supervision, the court shall, unless the |
|---|
| 16 | 18 | | violation involves being arrested for, charged with, or convicted |
|---|
| 17 | 19 | | of an offense other than a traffic offense that is punishable by |
|---|
| 18 | 20 | | fine only, take into consideration whether the defendant is the |
|---|
| 19 | 21 | | sole caretaker of a child. |
|---|
| 20 | 22 | | (n) The attorney representing the state shall include in a |
|---|
| 21 | 23 | | motion to revoke, continue, or modify community supervision a |
|---|
| 22 | 24 | | statement from the defendant's supervision officer regarding |
|---|
| 23 | 25 | | whether the defendant is a sole caretaker of a child. |
|---|
| 24 | 26 | | (o) In this article, "sole caretaker of a child" means a |
|---|
| 25 | 27 | | person who has assumed or will soon assume sole responsibility for a |
|---|
| 26 | 28 | | dependent child younger than 18 years of age by providing for the |
|---|
| 27 | 29 | | child's needs, including housing, health care, financial support, |
|---|
| 28 | 30 | | education, family support, or safety. |
|---|
| 29 | 31 | | SECTION 2. The change in law made by this Act applies to a |
|---|
| 30 | 32 | | person on community supervision on or after the effective date of |
|---|
| 31 | 33 | | this Act, regardless of whether the person was placed on community |
|---|
| 32 | 34 | | supervision before, on, or after the effective date of this Act. |
|---|
| 33 | 35 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|