Texas 2023 - 88th Regular

Texas House Bill HB2141 Compare Versions

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1	1	88R1381 LHC-D
2	2	By: González of Dallas H.B. No. 2141
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a hearing for an alleged violation of community
8	8	supervision by a defendant and the manner in which that defendant is
9	9	required to appear before the court.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42A.108, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
14	14	ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of
15	15	a condition of deferred adjudication community supervision imposed
16	16	under Article 42A.104, the defendant may be arrested and detained
17	17	or may be issued a summons as provided by [in] Article 42A.751.
18	18	(b) The defendant is entitled to a hearing limited to a
19	19	determination by the court of whether the court will proceed with an
20	20	adjudication of guilt on the original charge. The court may not
21	21	proceed with an adjudication of guilt on the original charge if the
22	22	court finds that the only evidence supporting the alleged violation
23	23	of a condition of deferred adjudication community supervision is
24	24	the uncorroborated results of a polygraph examination. The
25	25	determination to proceed with an adjudication of guilt on the
26	26	original charge is reviewable in the same manner as a revocation
27	27	hearing conducted under Article 42A.751 [42A.751(d)] in a case in
28	28	which the adjudication of guilt was not deferred.
29	29	(c) A court retains jurisdiction to hold a hearing under
30	30	Subsection (b) and to proceed with an adjudication of guilt,
31	31	regardless of whether the period of deferred adjudication community
32	32	supervision imposed on the defendant has expired, if before the
33	33	expiration of the supervision period:
34	34	(1) the attorney representing the state files a motion
35	35	to proceed with the adjudication; and
36	36	(2) a capias is issued for the arrest of the defendant
37	37	or a summons is issued for the defendant in the manner described by
38	38	Article 42A.751.
39	39	SECTION 2. Article 42A.556, Code of Criminal Procedure, is
40	40	amended to read as follows:
41	41	Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
42	42	COMMUNITY SUPERVISION. If in a state jail felony case a defendant
43	43	violates a condition of community supervision imposed under this
44	44	chapter and after a hearing under Article 42A.751 [42A.751(d)] the
45	45	judge modifies the defendant's community supervision, the judge may
46	46	impose any sanction permitted by Article 42A.752, except that if
47	47	the judge requires a defendant to serve a term of confinement in a
48	48	state jail felony facility as a modification of the defendant's
49	49	community supervision, the minimum term of confinement is 90 days
50	50	and the maximum term of confinement is 180 days.
51	51	SECTION 3. Article 42A.558(a), Code of Criminal Procedure,
52	52	is amended to read as follows:
53	53	(a) If in a state jail felony case a defendant violates a
54	54	condition of community supervision imposed under this chapter and
55	55	after a hearing under Article 42A.751 [42A.751(d)] the judge
56	56	revokes the defendant's community supervision, the judge shall
57	57	dispose of the case in the manner provided by Article 42A.755.
58	58	SECTION 4. Article 42A.655(d), Code of Criminal Procedure,
59	59	is amended to read as follows:
60	60	(d) Notwithstanding any other law, if a defendant is ordered
61	61	to make a payment included under Subsection (b), the court shall
62	62	reconsider whether the defendant has sufficient resources or income
63	63	to make the payment at any hearing held under Article 42A.751
64	64	[42A.751(d)].
65	65	SECTION 5. Article 42A.702(g), Code of Criminal Procedure,
66	66	is amended to read as follows:
67	67	(g) A court may order that some or all of the time credits to
68	68	which a defendant is entitled under this article be forfeited if,
69	69	before the expiration of the original period or a reduced period of
70	70	community supervision, the court:
71	71	(1) after a hearing under Article 42A.751
72	72	[42A.751(d)], finds that a defendant violated one or more
73	73	conditions of community supervision; and
74	74	(2) modifies or continues the defendant's period of
75	75	community supervision under Article 42A.752 or revokes the
76	76	defendant's community supervision under Article 42A.755.
77	77	SECTION 6. Article 42A.751, Code of Criminal Procedure, is
78	78	amended by amending Subsections (d) and (l) and adding Subsections
79	79	(d-1), (d-2), (d-3), and (d-4) to read as follows:
80	80	(d) If the defendant has not been released on bail as
81	81	permitted under Subsection (c), on motion by the defendant, the
82	82	judge who ordered the arrest for the alleged violation of a
83	83	condition of community supervision shall cause the defendant to be
84	84	brought before the judge for a hearing on the alleged violation
85	85	within 20 days of the date the motion is filed.
86	86	(d-1) On request of the attorney representing the state or
87	87	the defendant's supervision officer or at the judge's discretion,
88	88	the judge may issue a summons instead of a warrant or capias for a
89	89	violation of any condition of community supervision. The summons
90	90	must be in the same form as the warrant or capias, except that it
91	91	must summon the defendant to appear at a stated time and place for a
92	92	hearing on the alleged violation before the court that placed the
93	93	defendant on community supervision.
94	94	(d-2) A summons issued under Subsection (d-1) must be served
95	95	on the defendant by:
96	96	(1) delivering a copy of the summons to the defendant
97	97	personally;
98	98	(2) leaving the summons at the defendant's residence
99	99	with a person of suitable age and discretion who resides there; or
100	100	(3) mailing the summons to the defendant's last known
101	101	address.
102	102	(d-3) If the defendant fails to appear in response to a
103	103	summons issued under Subsection (d-1), the judge shall issue a
104	104	warrant or capias as otherwise described by this article.
105	105	(d-4) A hearing under this article must be conducted [After
106	106	a hearing] without a jury. After the hearing [,] the judge may
107	107	continue, extend, modify, or revoke the community supervision.
108	108	(l) A court retains jurisdiction to hold a hearing under
109	109	this article [Subsection (d)] and to revoke, continue, or modify
110	110	community supervision, regardless of whether the period of
111	111	community supervision imposed on the defendant has expired, if
112	112	before the expiration of the supervision period:
113	113	(1) the attorney representing the state files a motion
114	114	to revoke, continue, or modify community supervision; and
115	115	(2) a capias is issued for the arrest of the defendant,
116	116	or a summons is issued for the defendant under Subsection (d-1).
117	117	SECTION 7. Article 42A.752(a), Code of Criminal Procedure,
118	118	is amended to read as follows:
119	119	(a) If after a hearing under Article 42A.751 [42A.751(d)] a
120	120	judge continues or modifies community supervision after
121	121	determining that the defendant violated a condition of community
122	122	supervision, the judge may impose any other conditions the judge
123	123	determines are appropriate, including:
124	124	(1) a requirement that the defendant perform community
125	125	service for a number of hours specified by the court under Article
126	126	42A.304, or an increase in the number of hours that the defendant
127	127	has previously been required to perform under that article in an
128	128	amount not to exceed double the number of hours permitted by that
129	129	article;
130	130	(2) an extension of the period of community
131	131	supervision, in the manner described by Article 42A.753;
132	132	(3) an increase in the defendant's fine, in the manner
133	133	described by Subsection (b); or
134	134	(4) the placement of the defendant in a substance
135	135	abuse felony punishment program operated under Section 493.009,
136	136	Government Code, if:
137	137	(A) the defendant is convicted of a felony other
138	138	than:
139	139	(i) a felony under Section 21.11, 22.011,
140	140	or 22.021, Penal Code; or
141	141	(ii) criminal attempt of a felony under
142	142	Section 21.11, 22.011, or 22.021, Penal Code; and
143	143	(B) the judge makes an affirmative finding that:
144	144	(i) drug or alcohol abuse significantly
145	145	contributed to the commission of the offense or violation of a
146	146	condition of community supervision, as applicable; and
147	147	(ii) the defendant is a suitable candidate
148	148	for treatment, as determined by the suitability criteria
149	149	established by the Texas Board of Criminal Justice under Section
150	150	493.009(b), Government Code.
151	151	SECTION 8. Article 42A.755(a), Code of Criminal Procedure,
152	152	is amended to read as follows:
153	153	(a) If community supervision is revoked after a hearing
154	154	under Article 42A.751 [42A.751(d)], the judge may:
155	155	(1) proceed to dispose of the case as if there had been
156	156	no community supervision; or
157	157	(2) if the judge determines that the best interests of
158	158	society and the defendant would be served by a shorter term of
159	159	confinement, reduce the term of confinement originally assessed to
160	160	any term of confinement not less than the minimum prescribed for the
161	161	offense of which the defendant was convicted.
162	162	SECTION 9. Article 42A.756, Code of Criminal Procedure, is
163	163	amended to read as follows:
164	164	Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a
165	165	hearing under Article 42A.751 [42A.751(d)], it is an affirmative
166	166	defense to revocation for an alleged violation based on a failure to
167	167	report to a supervision officer as directed or to remain within a
168	168	specified place that no supervision officer, peace officer, or
169	169	other officer with the power of arrest under a warrant issued by a
170	170	judge for that alleged violation contacted or attempted to contact
171	171	the defendant in person at the defendant's last known residence
172	172	address or last known employment address, as reflected in the files
173	173	of the department serving the county in which the order of community
174	174	supervision was entered.
175	175	SECTION 10. Article 42A.757(b), Code of Criminal Procedure,
176	176	is amended to read as follows:
177	177	(b) At a hearing at which the defendant is provided the same
178	178	rights as are provided to a defendant at a hearing under Article
179	179	42A.751 [42A.751(d)], the judge may extend the defendant's
180	180	supervision period for a period not to exceed 10 additional years if
181	181	the judge determines that:
182	182	(1) the defendant has not sufficiently demonstrated a
183	183	commitment to avoid future criminal behavior; and
184	184	(2) the release of the defendant from supervision
185	185	would endanger the public.
186	186	SECTION 11. The change in law made by this Act applies to a
187	187	person on community supervision, including deferred adjudication
188	188	community supervision, on or after the effective date of this Act,
189	189	regardless of whether the person was placed on community
190	190	supervision before, on, or after the effective date of this Act.
191	191	SECTION 12. This Act takes effect September 1, 2023.