Texas 2025 - 89th Regular

Texas Senate Bill SB803 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5846 LHC-F
2	2	By: West S.B. No. 803
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a hearing for an alleged violation of community
10	10	supervision by a defendant and the manner in which that defendant is
11	11	required to appear before the court.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 42A.108, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
16	16	ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of
17	17	a condition of deferred adjudication community supervision imposed
18	18	under Article 42A.104, the defendant may be arrested and detained
19	19	or may be issued a summons as provided by [in] Article 42A.751.
20	20	(b) The defendant is entitled to a hearing limited to a
21	21	determination by the court of whether the court will proceed with an
22	22	adjudication of guilt on the original charge. The court may not
23	23	proceed with an adjudication of guilt on the original charge if the
24	24	court finds that the only evidence supporting the alleged violation
25	25	of a condition of deferred adjudication community supervision is
26	26	the uncorroborated results of a polygraph examination. The
27	27	determination to proceed with an adjudication of guilt on the
28	28	original charge is reviewable in the same manner as a revocation
29	29	hearing conducted under Article 42A.751 [42A.751(d)] in a case in
30	30	which the adjudication of guilt was not deferred.
31	31	(c) A court retains jurisdiction to hold a hearing under
32	32	Subsection (b) and to proceed with an adjudication of guilt,
33	33	regardless of whether the period of deferred adjudication community
34	34	supervision imposed on the defendant has expired, if before the
35	35	expiration of the supervision period:
36	36	(1) the attorney representing the state files a motion
37	37	to proceed with the adjudication; and
38	38	(2) a capias is issued for the arrest of the defendant
39	39	or a summons is issued for the defendant in the manner described by
40	40	Article 42A.751.
41	41	SECTION 2. Article 42A.556, Code of Criminal Procedure, is
42	42	amended to read as follows:
43	43	Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
44	44	COMMUNITY SUPERVISION. If in a state jail felony case a defendant
45	45	violates a condition of community supervision imposed under this
46	46	chapter and after a hearing under Article 42A.751 [42A.751(d)] the
47	47	judge modifies the defendant's community supervision, the judge may
48	48	impose any sanction permitted by Article 42A.752, except that if
49	49	the judge requires a defendant to serve a term of confinement in a
50	50	state jail felony facility as a modification of the defendant's
51	51	community supervision, the minimum term of confinement is 90 days
52	52	and the maximum term of confinement is 180 days.
53	53	SECTION 3. Article 42A.558(a), Code of Criminal Procedure,
54	54	is amended to read as follows:
55	55	(a) If in a state jail felony case a defendant violates a
56	56	condition of community supervision imposed under this chapter and
57	57	after a hearing under Article 42A.751 [42A.751(d)] the judge
58	58	revokes the defendant's community supervision, the judge shall
59	59	dispose of the case in the manner provided by Article 42A.755.
60	60	SECTION 4. Article 42A.655(d), Code of Criminal Procedure,
61	61	is amended to read as follows:
62	62	(d) Notwithstanding any other law, if a defendant is ordered
63	63	to make a payment included under Subsection (b), the court shall
64	64	reconsider whether the defendant has sufficient resources or income
65	65	to make the payment at any hearing held under Article 42A.751
66	66	[42A.751(d)].
67	67	SECTION 5. Article 42A.702(g), Code of Criminal Procedure,
68	68	is amended to read as follows:
69	69	(g) A court may order that some or all of the time credits to
70	70	which a defendant is entitled under this article be forfeited if,
71	71	before the expiration of the original period or a reduced period of
72	72	community supervision, the court:
73	73	(1) after a hearing under Article 42A.751
74	74	[42A.751(d)], finds that a defendant violated one or more
75	75	conditions of community supervision; and
76	76	(2) modifies or continues the defendant's period of
77	77	community supervision under Article 42A.752 or revokes the
78	78	defendant's community supervision under Article 42A.755.
79	79	SECTION 6. Article 42A.751, Code of Criminal Procedure, is
80	80	amended by amending Subsections (d) and (l) and adding Subsections
81	81	(d-1), (d-2), (d-3), and (d-4) to read as follows:
82	82	(d) If the defendant has not been released on bail as
83	83	permitted under Subsection (c), on motion by the defendant, the
84	84	judge who ordered the arrest for the alleged violation of a
85	85	condition of community supervision shall cause the defendant to be
86	86	brought before the judge for a hearing on the alleged violation
87	87	within 20 days of the date the motion is filed.
88	88	(d-1) On request of the attorney representing the state or
89	89	the defendant's supervision officer or at the judge's discretion,
90	90	the judge may issue a summons instead of a warrant or capias for a
91	91	violation of any condition of community supervision. The summons
92	92	must be in the same form as the warrant or capias, except that it
93	93	must summon the defendant to appear at a stated time and place for a
94	94	hearing on the alleged violation before the court that placed the
95	95	defendant on community supervision.
96	96	(d-2) A summons issued under Subsection (d-1) must be served
97	97	on the defendant by:
98	98	(1) delivering a copy of the summons to the defendant
99	99	personally;
100	100	(2) leaving the summons at the defendant's residence
101	101	with a person of suitable age and discretion who resides there; or
102	102	(3) mailing the summons to the defendant's last known
103	103	address.
104	104	(d-3) If the defendant fails to appear in response to a
105	105	summons issued under Subsection (d-1), the judge shall issue a
106	106	warrant or capias as otherwise described by this article.
107	107	(d-4) A hearing under this article must be conducted [After
108	108	a hearing] without a jury. After the hearing [,] the judge may
109	109	continue, extend, modify, or revoke the community supervision.
110	110	(l) A court retains jurisdiction to hold a hearing under
111	111	this article [Subsection (d)] and to revoke, continue, or modify
112	112	community supervision, regardless of whether the period of
113	113	community supervision imposed on the defendant has expired, if
114	114	before the expiration of the supervision period:
115	115	(1) the attorney representing the state files a motion
116	116	to revoke, continue, or modify community supervision; and
117	117	(2) a capias is issued for the arrest of the defendant,
118	118	or a summons is issued for the defendant under Subsection (d-1).
119	119	SECTION 7. Article 42A.752(a), Code of Criminal Procedure,
120	120	is amended to read as follows:
121	121	(a) If after a hearing under Article 42A.751 [42A.751(d)] a
122	122	judge continues or modifies community supervision after
123	123	determining that the defendant violated a condition of community
124	124	supervision, the judge may impose any other conditions the judge
125	125	determines are appropriate, including:
126	126	(1) a requirement that the defendant perform community
127	127	service for a number of hours specified by the court under Article
128	128	42A.304, or an increase in the number of hours that the defendant
129	129	has previously been required to perform under that article in an
130	130	amount not to exceed double the number of hours permitted by that
131	131	article;
132	132	(2) an extension of the period of community
133	133	supervision, in the manner described by Article 42A.753;
134	134	(3) an increase in the defendant's fine, in the manner
135	135	described by Subsection (b); or
136	136	(4) the placement of the defendant in a substance
137	137	abuse felony punishment program operated under Section 493.009,
138	138	Government Code, if:
139	139	(A) the defendant is convicted of a felony other
140	140	than:
141	141	(i) a felony under Section 21.11, 22.011,
142	142	or 22.021, Penal Code; or
143	143	(ii) criminal attempt of a felony under
144	144	Section 21.11, 22.011, or 22.021, Penal Code; and
145	145	(B) the judge makes an affirmative finding that:
146	146	(i) drug or alcohol abuse significantly
147	147	contributed to the commission of the offense or violation of a
148	148	condition of community supervision, as applicable; and
149	149	(ii) the defendant is a suitable candidate
150	150	for treatment, as determined by the suitability criteria
151	151	established by the Texas Board of Criminal Justice under Section
152	152	493.009(b), Government Code.
153	153	SECTION 8. Article 42A.755(a), Code of Criminal Procedure,
154	154	is amended to read as follows:
155	155	(a) If community supervision is revoked after a hearing
156	156	under Article 42A.751 [42A.751(d)], the judge may:
157	157	(1) proceed to dispose of the case as if there had been
158	158	no community supervision; or
159	159	(2) if the judge determines that the best interests of
160	160	society and the defendant would be served by a shorter term of
161	161	confinement, reduce the term of confinement originally assessed to
162	162	any term of confinement not less than the minimum prescribed for the
163	163	offense of which the defendant was convicted.
164	164	SECTION 9. Article 42A.756, Code of Criminal Procedure, is
165	165	amended to read as follows:
166	166	Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a
167	167	hearing under Article 42A.751 [42A.751(d)], it is an affirmative
168	168	defense to revocation for an alleged violation based on a failure to
169	169	report to a supervision officer as directed or to remain within a
170	170	specified place that no supervision officer, peace officer, or
171	171	other officer with the power of arrest under a warrant issued by a
172	172	judge for that alleged violation contacted or attempted to contact
173	173	the defendant in person at the defendant's last known residence
174	174	address or last known employment address, as reflected in the files
175	175	of the department serving the county in which the order of community
176	176	supervision was entered.
177	177	SECTION 10. Article 42A.757(b), Code of Criminal Procedure,
178	178	is amended to read as follows:
179	179	(b) At a hearing at which the defendant is provided the same
180	180	rights as are provided to a defendant at a hearing under Article
181	181	42A.751 [42A.751(d)], the judge may extend the defendant's
182	182	supervision period for a period not to exceed 10 additional years if
183	183	the judge determines that:
184	184	(1) the defendant has not sufficiently demonstrated a
185	185	commitment to avoid future criminal behavior; and
186	186	(2) the release of the defendant from supervision
187	187	would endanger the public.
188	188	SECTION 11. The change in law made by this Act applies to a
189	189	person on community supervision, including deferred adjudication
190	190	community supervision, on or after the effective date of this Act,
191	191	regardless of whether the person was placed on community
192	192	supervision before, on, or after the effective date of this Act.
193	193	SECTION 12. This Act takes effect September 1, 2025.