By Keel                                                H.B. No. 505
         77R2556 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing peace officers to arrest or detain persons who
 1-3     violate conditions of community supervision, parole, or mandatory
 1-4     supervision.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 21(b), Article 42.12, Code of Criminal
 1-7     Procedure, is amended to read as follows:
 1-8           (b)  At any time during the period of community supervision
 1-9     the judge may issue a warrant for violation of any of the
1-10     conditions of the community supervision and cause the defendant to
1-11     be arrested.  Any supervision officer, police officer or other
1-12     officer with power of arrest may arrest the [such] defendant if the
1-13     officer has probable cause to believe that the defendant is
1-14     violating a term or condition of the defendant's community
1-15     supervision or with or without a warrant upon the order of the
1-16     judge to be noted on the docket of the court.  A defendant so
1-17     arrested may be detained in the county jail or other appropriate
1-18     place of confinement until the defendant [he] can be taken before
1-19     the judge. Such officer shall forthwith report such arrest and
1-20     detention to such judge.  If the defendant has not been released on
1-21     bail, on motion by the defendant the judge shall cause the
1-22     defendant to be brought before the judge for a hearing within 20
1-23     days of filing of said motion, and after a hearing without a jury,
1-24     may either continue, extend, modify, or revoke the community
 2-1     supervision.  A judge may revoke the community supervision of a
 2-2     defendant who is imprisoned in a penal institution without a
 2-3     hearing if the defendant in writing before a court of record in the
 2-4     jurisdiction where imprisoned waives the defendant's [his] right to
 2-5     a hearing and to counsel, affirms that the defendant [he] has
 2-6     nothing to say as to why sentence should not be pronounced against
 2-7     the defendant [him], and requests the judge to revoke community
 2-8     supervision and to pronounce sentence.  In a felony case, the state
 2-9     may amend the motion to revoke community supervision any time up to
2-10     seven days before the date of the revocation hearing, after which
2-11     time the motion may not be amended except for good cause shown, and
2-12     in no event may the state amend the motion after the commencement
2-13     of taking evidence at the hearing.  The judge may continue the
2-14     hearing for good cause shown by either the defendant or the state.
2-15           SECTION 2. Section 508.251, Government Code, is amended by
2-16     adding Subsection (e) to read as follows:
2-17           (e)  In a case of parole or mandatory supervision, a peace
2-18     officer may take custody and detain a person, in the same manner as
2-19     provided by Section 508.254, if the officer has probable cause to
2-20     believe the person is violating a condition of release.
2-21           SECTION 3. This Act takes effect September 1, 2001.