88R1381 LHC-D
By: González of Dallas H.B. No. 2141
A BILL TO BE ENTITLED
AN ACT
relating to a hearing for an alleged violation of community
supervision by a defendant and the manner in which that defendant is
required to appear before the court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.108, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of
a condition of deferred adjudication community supervision imposed
under Article 42A.104, the defendant may be arrested and detained
or may be issued a summons as provided by [in] Article 42A.751.
(b) The defendant is entitled to a hearing limited to a
determination by the court of whether the court will proceed with an
adjudication of guilt on the original charge. The court may not
proceed with an adjudication of guilt on the original charge if the
court finds that the only evidence supporting the alleged violation
of a condition of deferred adjudication community supervision is
the uncorroborated results of a polygraph examination. The
determination to proceed with an adjudication of guilt on the
original charge is reviewable in the same manner as a revocation
hearing conducted under Article 42A.751 [42A.751(d)] in a case in
which the adjudication of guilt was not deferred.
(c) A court retains jurisdiction to hold a hearing under
Subsection (b) and to proceed with an adjudication of guilt,
regardless of whether the period of deferred adjudication community
supervision imposed on the defendant has expired, if before the
expiration of the supervision period:
(1) the attorney representing the state files a motion
to proceed with the adjudication; and
(2) a capias is issued for the arrest of the defendant
or a summons is issued for the defendant in the manner described by
Article 42A.751.
SECTION 2. Article 42A.556, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
COMMUNITY SUPERVISION. If in a state jail felony case a defendant
violates a condition of community supervision imposed under this
chapter and after a hearing under Article 42A.751 [42A.751(d)] the
judge modifies the defendant's community supervision, the judge may
impose any sanction permitted by Article 42A.752, except that if
the judge requires a defendant to serve a term of confinement in a
state jail felony facility as a modification of the defendant's
community supervision, the minimum term of confinement is 90 days
and the maximum term of confinement is 180 days.
SECTION 3. Article 42A.558(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If in a state jail felony case a defendant violates a
condition of community supervision imposed under this chapter and
after a hearing under Article 42A.751 [42A.751(d)] the judge
revokes the defendant's community supervision, the judge shall
dispose of the case in the manner provided by Article 42A.755.
SECTION 4. Article 42A.655(d), Code of Criminal Procedure,
is amended to read as follows:
(d) Notwithstanding any other law, if a defendant is ordered
to make a payment included under Subsection (b), the court shall
reconsider whether the defendant has sufficient resources or income
to make the payment at any hearing held under Article 42A.751
[42A.751(d)].
SECTION 5. Article 42A.702(g), Code of Criminal Procedure,
is amended to read as follows:
(g) A court may order that some or all of the time credits to
which a defendant is entitled under this article be forfeited if,
before the expiration of the original period or a reduced period of
community supervision, the court:
(1) after a hearing under Article 42A.751
[42A.751(d)], finds that a defendant violated one or more
conditions of community supervision; and
(2) modifies or continues the defendant's period of
community supervision under Article 42A.752 or revokes the
defendant's community supervision under Article 42A.755.
SECTION 6. Article 42A.751, Code of Criminal Procedure, is
amended by amending Subsections (d) and (l) and adding Subsections
(d-1), (d-2), (d-3), and (d-4) to read as follows:
(d) If the defendant has not been released on bail as
permitted under Subsection (c), on motion by the defendant, the
judge who ordered the arrest for the alleged violation of a
condition of community supervision shall cause the defendant to be
brought before the judge for a hearing on the alleged violation
within 20 days of the date the motion is filed.
(d-1) On request of the attorney representing the state or
the defendant's supervision officer or at the judge's discretion,
the judge may issue a summons instead of a warrant or capias for a
violation of any condition of community supervision. The summons
must be in the same form as the warrant or capias, except that it
must summon the defendant to appear at a stated time and place for a
hearing on the alleged violation before the court that placed the
defendant on community supervision.
(d-2) A summons issued under Subsection (d-1) must be served
on the defendant by:
(1) delivering a copy of the summons to the defendant
personally;
(2) leaving the summons at the defendant's residence
with a person of suitable age and discretion who resides there; or
(3) mailing the summons to the defendant's last known
address.
(d-3) If the defendant fails to appear in response to a
summons issued under Subsection (d-1), the judge shall issue a
warrant or capias as otherwise described by this article.
(d-4) A hearing under this article must be conducted [After
a hearing] without a jury. After the hearing [,] the judge may
continue, extend, modify, or revoke the community supervision.
(l) A court retains jurisdiction to hold a hearing under
this article [Subsection (d)] and to revoke, continue, or modify
community supervision, regardless of whether the period of
community supervision imposed on the defendant has expired, if
before the expiration of the supervision period:
(1) the attorney representing the state files a motion
to revoke, continue, or modify community supervision; and
(2) a capias is issued for the arrest of the defendant,
or a summons is issued for the defendant under Subsection (d-1).
SECTION 7. Article 42A.752(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If after a hearing under Article 42A.751 [42A.751(d)] a
judge continues or modifies community supervision after
determining that the defendant violated a condition of community
supervision, the judge may impose any other conditions the judge
determines are appropriate, including:
(1) a requirement that the defendant perform community
service for a number of hours specified by the court under Article
42A.304, or an increase in the number of hours that the defendant
has previously been required to perform under that article in an
amount not to exceed double the number of hours permitted by that
article;
(2) an extension of the period of community
supervision, in the manner described by Article 42A.753;
(3) an increase in the defendant's fine, in the manner
described by Subsection (b); or
(4) the placement of the defendant in a substance
abuse felony punishment program operated under Section 493.009,
Government Code, if:
(A) the defendant is convicted of a felony other
than:
(i) a felony under Section 21.11, 22.011,
or 22.021, Penal Code; or
(ii) criminal attempt of a felony under
Section 21.11, 22.011, or 22.021, Penal Code; and
(B) the judge makes an affirmative finding that:
(i) drug or alcohol abuse significantly
contributed to the commission of the offense or violation of a
condition of community supervision, as applicable; and
(ii) the defendant is a suitable candidate
for treatment, as determined by the suitability criteria
established by the Texas Board of Criminal Justice under Section
493.009(b), Government Code.
SECTION 8. Article 42A.755(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If community supervision is revoked after a hearing
under Article 42A.751 [42A.751(d)], the judge may:
(1) proceed to dispose of the case as if there had been
no community supervision; or
(2) if the judge determines that the best interests of
society and the defendant would be served by a shorter term of
confinement, reduce the term of confinement originally assessed to
any term of confinement not less than the minimum prescribed for the
offense of which the defendant was convicted.
SECTION 9. Article 42A.756, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a
hearing under Article 42A.751 [42A.751(d)], it is an affirmative
defense to revocation for an alleged violation based on a failure to
report to a supervision officer as directed or to remain within a
specified place that no supervision officer, peace officer, or
other officer with the power of arrest under a warrant issued by a
judge for that alleged violation contacted or attempted to contact
the defendant in person at the defendant's last known residence
address or last known employment address, as reflected in the files
of the department serving the county in which the order of community
supervision was entered.
SECTION 10. Article 42A.757(b), Code of Criminal Procedure,
is amended to read as follows:
(b) At a hearing at which the defendant is provided the same
rights as are provided to a defendant at a hearing under Article
42A.751 [42A.751(d)], the judge may extend the defendant's
supervision period for a period not to exceed 10 additional years if
the judge determines that:
(1) the defendant has not sufficiently demonstrated a
commitment to avoid future criminal behavior; and
(2) the release of the defendant from supervision
would endanger the public.
SECTION 11. The change in law made by this Act applies to a
person on community supervision, including deferred adjudication
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 12. This Act takes effect September 1, 2023.