| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 86R26881 MAW-D | |
| 2 | - | By: Sherman, Sr., Johnson of Harris H.B. No. 3831 | |
| 3 | - | Substitute the following for H.B. No. 3831: | |
| 4 | - | By: Morales C.S.H.B. No. 3831 | |
| 1 | + | 86R14045 MAW-D | |
| 2 | + | By: Sherman, Sr. H.B. No. 3831 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to certain technical violations of conditions of community | |
| 10 | 8 | supervision. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 10 | SECTION 1. Subchapter P, Chapter 42A, Code of Criminal | |
| 13 | 11 | Procedure, is amended by adding Article 42A.7555 to read as | |
| 14 | 12 | follows: | |
| 15 | 13 | Art. 42A.7555. PROCEDURES APPLICABLE TO CERTAIN TECHNICAL | |
| 16 | 14 | VIOLATIONS. (a) This article applies to any violation of a | |
| 17 | - | condition of community supervision by a defendant on community | |
| 18 | - | supervision for an offense that is punishable as a state jail felony | |
| 19 | - | or a felony of the third degree, other than: | |
| 15 | + | condition of community supervision other than: | |
| 20 | 16 | (1) a violation committed by a defendant who: | |
| 21 | - | (A) in the | |
| 17 | + | (A) in the 10 years preceding the date of the | |
| 22 | 18 | violation, was convicted of: | |
| 23 | 19 | (i) a felony offense listed in Article | |
| 24 | 20 | 42A.054(a) or for which the judgment contains an affirmative | |
| 25 | 21 | finding under Article 42A.054(c) or (d); or | |
| 26 | 22 | (ii) a sexually violent offense as defined | |
| 27 | 23 | by Article 62.001; or | |
| 28 | 24 | (B) has previously had the defendant's community | |
| 29 | - | supervision revoked; or | |
| 25 | + | supervision revoked after a hearing under Article 42A.751(d); or | |
| 30 | 26 | (2) a violation that involves: | |
| 31 | 27 | (A) being arrested for, charged with, or | |
| 32 | 28 | convicted of an offense: | |
| 33 | 29 | (i) punishable as a felony; | |
| 34 | 30 | (ii) under Title 5, Penal Code, that is | |
| 35 | 31 | punishable as a misdemeanor; or | |
| 36 | 32 | (iii) involving the possession of a firearm | |
| 37 | 33 | or any prohibited weapon; | |
| 38 | 34 | (B) contacting the victim of the offense for | |
| 39 | 35 | which the defendant was placed on community supervision; | |
| 40 | - | (C) failing to register as a sex offender under | |
| 41 | - | Chapter 62 if required as a condition of community supervision; | |
| 42 | - | (D) committing family violence, as defined by | |
| 43 | - | Section 71.004, Family Code; | |
| 44 | - | (E) failing to report to a supervision officer as | |
| 45 | - | directed for 30 days or more if a supervision officer, peace | |
| 36 | + | (C) failing to report to a supervision officer as | |
| 37 | + | directed for 90 days or more if a supervision officer, peace | |
| 46 | 38 | officer, or other officer directed by the court attempted to | |
| 47 | 39 | contact the defendant in person at the defendant's last known | |
| 48 | 40 | residence or employment address; or | |
| 49 | - | ( | |
| 41 | + | (D) leaving the state without permission. | |
| 50 | 42 | (b) Notwithstanding any other provision of this chapter, if | |
| 51 | 43 | after a hearing under Article 42A.751(d) the judge determines the | |
| 52 | - | defendant violated not more than three conditions of community | |
| 53 | - | supervision to which this article applies and no other condition, | |
| 54 | - | the judge may not revoke the defendant's community supervision but | |
| 55 | - | may continue, extend, or modify the community supervision, other | |
| 56 | - | than a modification that requires the defendant to serve a term of | |
| 57 | - | confinement based on the violation. | |
| 58 | - | (c) Except as provided by Subsection (e), this article does | |
| 59 | - | not limit the authority of a judge to revoke a defendant's community | |
| 60 | - | supervision or to impose a term of confinement if the defendant | |
| 61 | - | violates four or more conditions of community supervision to which | |
| 62 | - | this article applies, except that before the defendant may be | |
| 63 | - | required to serve a term of confinement in a facility other than a | |
| 64 | - | community corrections facility as defined by Article 42A.601 or a | |
| 65 | - | substance abuse felony punishment facility operated by the Texas | |
| 66 | - | Department of Criminal Justice under Section 493.009, Government | |
| 67 | - | Code, the judge must: | |
| 68 | - | (1) exhaust all alternatives to incarceration; | |
| 69 | - | (2) follow the continuum of care for a defendant who | |
| 70 | - | requires inpatient treatment for substance abuse, if applicable; | |
| 71 | - | and | |
| 72 | - | (3) determine that the defendant is an imminent threat | |
| 73 | - | to the public. | |
| 74 | - | (d) If the judge imposes confinement described by | |
| 75 | - | Subsection (c) as a condition of community supervision, the judge | |
| 76 | - | may impose any other condition the judge determines appropriate to | |
| 77 | - | be effective after the defendant completes the term of confinement. | |
| 78 | - | (e) Notwithstanding any other provision of this article, if | |
| 79 | - | the judge determines that the defendant has only violated one or | |
| 80 | - | more conditions of community supervision related to failing to | |
| 81 | - | timely pay a fee or arriving late to a scheduled meeting with the | |
| 82 | - | defendant's supervision officer, the judge may not revoke the | |
| 83 | - | defendant's community supervision. This subsection does not affect | |
| 84 | - | the defendant's obligation to pay any fees as required as a | |
| 85 | - | condition of community supervision. | |
| 44 | + | defendant violated only one or more conditions of community | |
| 45 | + | supervision to which this article applies, the judge may not revoke | |
| 46 | + | the defendant's community supervision but may continue, extend, or | |
| 47 | + | modify the community supervision. If, based on a violation to which | |
| 48 | + | this article applies, the judge requires the defendant to serve a | |
| 49 | + | term of confinement in a facility other than a community | |
| 50 | + | corrections facility as defined by Article 42A.601 or a substance | |
| 51 | + | abuse felony punishment facility operated by the Texas Department | |
| 52 | + | of Criminal Justice under Section 493.009, Government Code, the | |
| 53 | + | term of confinement may not exceed 90 days. The judge may impose | |
| 54 | + | any other conditions the judge determines are appropriate to be | |
| 55 | + | effective after the defendant completes the term of confinement. | |
| 86 | 56 | SECTION 2. Article 42A.7555, Code of Criminal Procedure, as | |
| 87 | 57 | added by this Act, applies to a person on community supervision on | |
| 88 | 58 | or after the effective date of this Act, regardless of whether the | |
| 89 | 59 | person was placed on community supervision before, on, or after the | |
| 90 | 60 | effective date of this Act. | |
| 91 | 61 | SECTION 3. This Act takes effect September 1, 2019. |