Texas 2021 - 87th Regular

Texas House Bill HB358 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R783 MAW-D
2	2	By: Sherman, Sr. H.B. No. 358
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain technical violations of conditions of community
8	8	supervision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter P, Chapter 42A, Code of Criminal
11	11	Procedure, is amended by adding Article 42A.7555 to read as
12	12	follows:
13	13	Art. 42A.7555. PROCEDURES APPLICABLE TO CERTAIN TECHNICAL
14	14	VIOLATIONS. (a) This article applies to any violation of a
15	15	condition of community supervision by a defendant on community
16	16	supervision for an offense that is punishable as a state jail felony
17	17	or a felony of the third degree, other than:
18	18	(1) a violation committed by a defendant who:
19	19	(A) in the five years preceding the date of the
20	20	violation, was convicted of:
21	21	(i) a felony offense listed in Article
22	22	42A.054(a) or for which the judgment contains an affirmative
23	23	finding under Article 42A.054(c) or (d); or
24	24	(ii) a sexually violent offense as defined
25	25	by Article 62.001; or
26	26	(B) has previously had the defendant's community
27	27	supervision revoked; or
28	28	(2) a violation that involves:
29	29	(A) being arrested for, charged with, or
30	30	convicted of an offense:
31	31	(i) punishable as a felony;
32	32	(ii) under Title 5, Penal Code, that is
33	33	punishable as a misdemeanor; or
34	34	(iii) involving the possession of a firearm
35	35	or any prohibited weapon;
36	36	(B) contacting the victim of the offense for
37	37	which the defendant was placed on community supervision;
38	38	(C) failing to register as a sex offender under
39	39	Chapter 62 if required as a condition of community supervision;
40	40	(D) committing family violence, as defined by
41	41	Section 71.004, Family Code;
42	42	(E) failing to report to a supervision officer as
43	43	directed for 30 days or more if a supervision officer, peace
44	44	officer, or other officer directed by the court attempted to
45	45	contact the defendant in person at the defendant's last known
46	46	residence or employment address; or
47	47	(F) leaving the state without permission.
48	48	(b) Notwithstanding any other provision of this chapter, if
49	49	after a hearing under Article 42A.751(d) the judge determines the
50	50	defendant violated not more than three conditions of community
51	51	supervision to which this article applies and no other condition,
52	52	the judge may not revoke the defendant's community supervision but
53	53	may continue, extend, or modify the community supervision, other
54	54	than a modification that requires the defendant to serve a term of
55	55	confinement based on the violation.
56	56	(c) Except as provided by Subsection (e), this article does
57	57	not limit the authority of a judge to revoke a defendant's community
58	58	supervision or to impose a term of confinement if the defendant
59	59	violates four or more conditions of community supervision to which
60	60	this article applies, except that before the defendant may be
61	61	required to serve a term of confinement in a facility other than a
62	62	community corrections facility as defined by Article 42A.601 or a
63	63	substance abuse felony punishment facility operated by the Texas
64	64	Department of Criminal Justice under Section 493.009, Government
65	65	Code, the judge must:
66	66	(1) exhaust all alternatives to incarceration;
67	67	(2) follow the continuum of care for a defendant who
68	68	requires inpatient treatment for substance abuse, if applicable;
69	69	and
70	70	(3) determine that the defendant is an imminent threat
71	71	to the public.
72	72	(d) If the judge imposes confinement described by
73	73	Subsection (c) as a condition of community supervision, the judge
74	74	may impose any other condition the judge determines appropriate to
75	75	be effective after the defendant completes the term of confinement.
76	76	(e) Notwithstanding any other provision of this article, if
77	77	the judge determines that the defendant has only violated one or
78	78	more conditions of community supervision related to failing to
79	79	timely pay a fee or arriving late to a scheduled meeting with the
80	80	defendant's supervision officer, the judge may not revoke the
81	81	defendant's community supervision. This subsection does not affect
82	82	the defendant's obligation to pay any fees as required as a
83	83	condition of community supervision.
84	84	SECTION 2. Article 42A.7555, Code of Criminal Procedure, as
85	85	added by this Act, applies to a person on community supervision on
86	86	or after the effective date of this Act, regardless of whether the
87	87	person was placed on community supervision before, on, or after the
88	88	effective date of this Act.
89	89	SECTION 3. This Act takes effect September 1, 2021.