| 1 | 1 | | 86R13870 JRR-F |
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| 2 | 2 | | By: Allen H.B. No. 4460 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain technical violations of conditions of community |
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| 8 | 8 | | supervision. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter P, Chapter 42A, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by adding Article 42A.7555 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Art. 42A.7555. PROCEDURES APPLICABLE TO CERTAIN TECHNICAL |
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| 14 | 14 | | VIOLATIONS. (a) This article applies to any violation of a |
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| 15 | 15 | | condition of community supervision by a defendant on community |
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| 16 | 16 | | supervision for a nonviolent offense that is punishable as a state |
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| 17 | 17 | | jail felony or a felony of the third degree, other than a violation |
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| 18 | 18 | | that involves: |
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| 19 | 19 | | (1) being arrested for, charged with, or convicted of |
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| 20 | 20 | | an offense; |
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| 21 | 21 | | (2) failing to report to a supervision officer as |
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| 22 | 22 | | directed for 180 days or more; or |
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| 23 | 23 | | (3) contacting the victim of the offense for which the |
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| 24 | 24 | | defendant was placed on community supervision. |
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| 25 | 25 | | (b) Notwithstanding any other provision of this chapter, if |
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| 26 | 26 | | after a hearing under Article 42A.751(d) the judge determines the |
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| 27 | 27 | | defendant violated only a condition of community supervision to |
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| 28 | 28 | | which this article applies, the judge may not revoke the |
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| 29 | 29 | | defendant's community supervision but may continue, extend, or |
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| 30 | 30 | | modify the community supervision. If the judge requires the |
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| 31 | 31 | | defendant to serve a term of confinement based on a violation to |
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| 32 | 32 | | which this article applies, the term may not exceed 180 days. |
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| 33 | 33 | | SECTION 2. Chapter 509, Government Code, is amended by |
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| 34 | 34 | | adding Section 509.018 to read as follows: |
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| 35 | 35 | | Sec. 509.018. DISTRIBUTION OF COST SAVINGS RELATING TO |
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| 36 | 36 | | TECHNICAL VIOLATIONS. Notwithstanding any other provision of this |
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| 37 | 37 | | chapter, the Texas Department of Criminal Justice shall adopt |
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| 38 | 38 | | policies and procedures to: |
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| 39 | 39 | | (1) determine the cost savings to the Texas Department |
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| 40 | 40 | | of Criminal Justice realized through continuing, extending, or |
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| 41 | 41 | | modifying the community supervision of a defendant who commits a |
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| 42 | 42 | | technical violation as provided by Article 42A.7555, Code of |
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| 43 | 43 | | Criminal Procedure, instead of revoking the defendant's community |
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| 44 | 44 | | supervision; and |
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| 45 | 45 | | (2) provide: |
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| 46 | 46 | | (A) one-third of the cost savings described by |
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| 47 | 47 | | Subdivision (1) to the division to be allocated to individual |
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| 48 | 48 | | departments and used for the same purpose that state aid is used |
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| 49 | 49 | | under Section 509.011; and |
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| 50 | 50 | | (B) one-third of the cost savings described by |
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| 51 | 51 | | Subdivision (1) to the division to be used for making payments to |
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| 52 | 52 | | departments in accordance with Section 509.0071(e). |
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| 53 | 53 | | SECTION 3. Article 42A.7555, Code of Criminal Procedure, as |
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| 54 | 54 | | added by this Act, applies to a person on community supervision on |
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| 55 | 55 | | or after the effective date of this Act, regardless of whether the |
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| 56 | 56 | | person was placed on community supervision before, on, or after the |
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| 57 | 57 | | effective date of this Act. |
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| 58 | 58 | | SECTION 4. This Act takes effect September 1, 2019. |
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