Texas 2023 - 88th Regular

Texas House Bill HB1449 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6724 MZM-D
2	2	By: Collier H.B. No. 1449
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 a nonviolent offense that is punishable as a state
17	17	jail felony or a felony of the third degree, other than a violation
18	18	that involves:
19	19	(1) being arrested for, charged with, or convicted of
20	20	an offense;
21	21	(2) failing to report to a supervision officer as
22	22	directed for 180 days or more; or
23	23	(3) contacting the victim of the offense for which the
24	24	defendant was placed on community supervision.
25	25	(b) Notwithstanding any other provision of this chapter and
26	26	except as provided by Subsection (c), if after a hearing under
27	27	Article 42A.751(d) the judge determines the defendant violated only
28	28	a condition of community supervision to which this article applies,
29	29	the judge may not revoke the defendant's community supervision but
30	30	may continue, extend, or modify the community supervision. If the
31	31	judge requires the defendant to serve a term of confinement based on
32	32	a violation to which this article applies, the term may not exceed:
33	33	(1) 45 days if the defendant's community supervision
34	34	has not previously been continued, extended, or modified under this
35	35	subsection;
36	36	(2) 90 days if the defendant's community supervision
37	37	has previously been continued, extended, or modified under this
38	38	subsection, subject to Subdivision (3); or
39	39	(3) 180 days if the defendant's community supervision
40	40	has previously been continued, extended, or modified two times
41	41	under this subsection.
42	42	(c) This article does not limit the authority of a judge to
43	43	revoke a defendant's community supervision or to impose a term of
44	44	confinement for:
45	45	(1) a violation of community supervision not described
46	46	by Subsection (a); or
47	47	(2) a violation of community supervision described by
48	48	Subsection (a) if the defendant's community supervision has
49	49	previously been continued, extended, or modified under Subsection
50	50	(b) three or more times.
51	51	(d) A judge may credit time spent by a defendant
52	52	participating in alcohol or substance abuse counseling or treatment
53	53	toward any term of confinement the defendant is required to serve
54	54	under Subsection (b).
55	55	(e) For purposes of this article, if the judge determines
56	56	that the defendant violated one or more conditions of community
57	57	supervision to which this article applies and those violations
58	58	arose out of the same transaction, the judge shall treat the
59	59	violations as a single violation.
60	60	SECTION 2. Chapter 509, Government Code, is amended by
61	61	adding Section 509.0175 to read as follows:
62	62	Sec. 509.0175. DISTRIBUTION OF COST SAVINGS RELATING TO
63	63	TECHNICAL VIOLATIONS. Notwithstanding any other provision of this
64	64	chapter, the Texas Department of Criminal Justice shall adopt
65	65	policies and procedures to:
66	66	(1) determine the cost savings to the Texas Department
67	67	of Criminal Justice realized through continuing, extending, or
68	68	modifying the community supervision of a defendant who commits a
69	69	technical violation as provided by Article 42A.7555, Code of
70	70	Criminal Procedure, instead of revoking the defendant's community
71	71	supervision; and
72	72	(2) provide:
73	73	(A) one-third of the cost savings described by
74	74	Subdivision (1) to the division to be allocated to individual
75	75	departments and used for the same purpose that state aid is used
76	76	under Section 509.011; and
77	77	(B) one-third of the cost savings described by
78	78	Subdivision (1) to the division to be used for making payments to
79	79	departments in accordance with Section 509.0071(e).
80	80	SECTION 3. Article 42A.7555, Code of Criminal Procedure, as
81	81	added by this Act, applies to a person on community supervision on
82	82	or after the effective date of this Act, regardless of whether the
83	83	person was placed on community supervision before, on, or after the
84	84	effective date of this Act.
85	85	SECTION 4. This Act takes effect September 1, 2023.