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.