| 1 | 1 | | 87R1370 MAW-D |
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| 2 | 2 | | By: Sherman, Sr. H.B. No. 931 |
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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 violations of conditions of community |
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| 8 | 8 | | supervision related to testing for alcohol or controlled |
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| 9 | 9 | | substances. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 42A.751, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsections (m) and (n) to read as follows: |
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| 13 | 13 | | (m) The judge may not revoke the community supervision of a |
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| 14 | 14 | | defendant based solely on a violation of a condition of community |
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| 15 | 15 | | supervision related to testing for alcohol or controlled substances |
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| 16 | 16 | | if at the time of testing the defendant is participating in alcohol |
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| 17 | 17 | | or substance abuse counseling or treatment. |
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| 18 | 18 | | (n) Notwithstanding any other provision of this chapter, if |
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| 19 | 19 | | the judge determines a defendant who has completed alcohol or |
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| 20 | 20 | | substance abuse counseling or treatment has violated a condition of |
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| 21 | 21 | | community supervision related to testing for alcohol or controlled |
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| 22 | 22 | | substances, the judge may not revoke the defendant's community |
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| 23 | 23 | | supervision unless the judge first considers whether to modify the |
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| 24 | 24 | | defendant's community supervision to require the defendant to |
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| 25 | 25 | | resume alcohol or substance abuse counseling or treatment. The |
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| 26 | 26 | | judge shall modify the defendant's community supervision as |
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| 27 | 27 | | described by this subsection if in the judge's opinion the |
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| 28 | 28 | | modification would serve the best interest of society and the |
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| 29 | 29 | | defendant. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies to a |
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| 31 | 31 | | person on community supervision on or after the effective date of |
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| 32 | 32 | | this Act, regardless of whether the person was placed on community |
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| 33 | 33 | | supervision before, on, or after the effective date of this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2021. |
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