87R1370 MAW-D
By: Sherman, Sr. H.B. No. 931
A BILL TO BE ENTITLED
AN ACT
relating to certain violations of conditions of community
supervision related to testing for alcohol or controlled
substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.751, Code of Criminal Procedure, is
amended by adding Subsections (m) and (n) to read as follows:
(m) The judge may not revoke the community supervision of a
defendant based solely on a violation of a condition of community
supervision related to testing for alcohol or controlled substances
if at the time of testing the defendant is participating in alcohol
or substance abuse counseling or treatment.
(n) Notwithstanding any other provision of this chapter, if
the judge determines a defendant who has completed alcohol or
substance abuse counseling or treatment has violated a condition of
community supervision related to testing for alcohol or controlled
substances, the judge may not revoke the defendant's community
supervision unless the judge first considers whether to modify the
defendant's community supervision to require the defendant to
resume alcohol or substance abuse counseling or treatment. The
judge shall modify the defendant's community supervision as
described by this subsection if in the judge's opinion the
modification would serve the best interest of society and the
defendant.
SECTION 2. The change in law made 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.