87R783 MAW-D
By: Sherman, Sr. H.B. No. 358
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 by a defendant on community
supervision for an offense that is punishable as a state jail felony
or a felony of the third degree, other than:
(1) a violation committed by a defendant who:
(A) in the five 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; 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 register as a sex offender under
Chapter 62 if required as a condition of community supervision;
(D) committing family violence, as defined by
Section 71.004, Family Code;
(E) failing to report to a supervision officer as
directed for 30 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
(F) 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 not more than three conditions of community
supervision to which this article applies and no other condition,
the judge may not revoke the defendant's community supervision but
may continue, extend, or modify the community supervision, other
than a modification that requires the defendant to serve a term of
confinement based on the violation.
(c) Except as provided by Subsection (e), this article does
not limit the authority of a judge to revoke a defendant's community
supervision or to impose a term of confinement if the defendant
violates four or more conditions of community supervision to which
this article applies, except that before the defendant may be
required 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 judge must:
(1) exhaust all alternatives to incarceration;
(2) follow the continuum of care for a defendant who
requires inpatient treatment for substance abuse, if applicable;
and
(3) determine that the defendant is an imminent threat
to the public.
(d) If the judge imposes confinement described by
Subsection (c) as a condition of community supervision, the judge
may impose any other condition the judge determines appropriate to
be effective after the defendant completes the term of confinement.
(e) Notwithstanding any other provision of this article, if
the judge determines that the defendant has only violated one or
more conditions of community supervision related to failing to
timely pay a fee or arriving late to a scheduled meeting with the
defendant's supervision officer, the judge may not revoke the
defendant's community supervision. This subsection does not affect
the defendant's obligation to pay any fees as required as a
condition of community supervision.
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, 2021.