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.