88R6724 MZM-D
By: Collier H.B. No. 1449
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 a nonviolent offense that is punishable as a state
jail felony or a felony of the third degree, other than a violation
that involves:
(1) being arrested for, charged with, or convicted of
an offense;
(2) failing to report to a supervision officer as
directed for 180 days or more; or
(3) contacting the victim of the offense for which the
defendant was placed on community supervision.
(b) Notwithstanding any other provision of this chapter and
except as provided by Subsection (c), if after a hearing under
Article 42A.751(d) the judge determines the defendant violated only
a condition of community supervision to which this article applies,
the judge may not revoke the defendant's community supervision but
may continue, extend, or modify the community supervision. If the
judge requires the defendant to serve a term of confinement based on
a violation to which this article applies, the term may not exceed:
(1) 45 days if the defendant's community supervision
has not previously been continued, extended, or modified under this
subsection;
(2) 90 days if the defendant's community supervision
has previously been continued, extended, or modified under this
subsection, subject to Subdivision (3); or
(3) 180 days if the defendant's community supervision
has previously been continued, extended, or modified two times
under this subsection.
(c) This article does not limit the authority of a judge to
revoke a defendant's community supervision or to impose a term of
confinement for:
(1) a violation of community supervision not described
by Subsection (a); or
(2) a violation of community supervision described by
Subsection (a) if the defendant's community supervision has
previously been continued, extended, or modified under Subsection
(b) three or more times.
(d) A judge may credit time spent by a defendant
participating in alcohol or substance abuse counseling or treatment
toward any term of confinement the defendant is required to serve
under Subsection (b).
(e) For purposes of this article, if the judge determines
that the defendant violated one or more conditions of community
supervision to which this article applies and those violations
arose out of the same transaction, the judge shall treat the
violations as a single violation.
SECTION 2. Chapter 509, Government Code, is amended by
adding Section 509.0175 to read as follows:
Sec. 509.0175. DISTRIBUTION OF COST SAVINGS RELATING TO
TECHNICAL VIOLATIONS. Notwithstanding any other provision of this
chapter, the Texas Department of Criminal Justice shall adopt
policies and procedures to:
(1) determine the cost savings to the Texas Department
of Criminal Justice realized through continuing, extending, or
modifying the community supervision of a defendant who commits a
technical violation as provided by Article 42A.7555, Code of
Criminal Procedure, instead of revoking the defendant's community
supervision; and
(2) provide:
(A) one-third of the cost savings described by
Subdivision (1) to the division to be allocated to individual
departments and used for the same purpose that state aid is used
under Section 509.011; and
(B) one-third of the cost savings described by
Subdivision (1) to the division to be used for making payments to
departments in accordance with Section 509.0071(e).
SECTION 3. 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 4. This Act takes effect September 1, 2023.