86R14045 MAW-D
By: Sherman, Sr. H.B. No. 3831
A BILL TO BE ENTITLED
AN ACT
relating to certain technical violations of conditions of community
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter P, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.7555 to read as
follows:
Art. 42A.7555. PROCEDURES APPLICABLE TO CERTAIN TECHNICAL
VIOLATIONS. (a) This article applies to any violation of a
condition of community supervision other than:
(1) a violation committed by a defendant who:
(A) in the 10 years preceding the date of the
violation, was convicted of:
(i) a felony offense listed in Article
42A.054(a) or for which the judgment contains an affirmative
finding under Article 42A.054(c) or (d); or
(ii) a sexually violent offense as defined
by Article 62.001; or
(B) has previously had the defendant's community
supervision revoked after a hearing under Article 42A.751(d); or
(2) a violation that involves:
(A) being arrested for, charged with, or
convicted of an offense:
(i) punishable as a felony;
(ii) under Title 5, Penal Code, that is
punishable as a misdemeanor; or
(iii) involving the possession of a firearm
or any prohibited weapon;
(B) contacting the victim of the offense for
which the defendant was placed on community supervision;
(C) failing to report to a supervision officer as
directed for 90 days or more if a supervision officer, peace
officer, or other officer directed by the court attempted to
contact the defendant in person at the defendant's last known
residence or employment address; or
(D) leaving the state without permission.
(b) Notwithstanding any other provision of this chapter, if
after a hearing under Article 42A.751(d) the judge determines the
defendant violated only one or more conditions of community
supervision to which this article applies, the judge may not revoke
the defendant's community supervision but may continue, extend, or
modify the community supervision. If, based on a violation to which
this article applies, the judge requires the defendant to serve a
term of confinement in a facility other than a community
corrections facility as defined by Article 42A.601 or a substance
abuse felony punishment facility operated by the Texas Department
of Criminal Justice under Section 493.009, Government Code, the
term of confinement may not exceed 90 days. The judge may impose
any other conditions the judge determines are appropriate to be
effective after the defendant completes the term of confinement.
SECTION 2. Article 42A.7555, Code of Criminal Procedure, as
added by this Act, applies to a person on community supervision on
or after the effective date of this Act, regardless of whether the
person was placed on community supervision before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.