By Wentworth S.B. No. 239 77R3222 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a defense to proceeding with an adjudication of guilt 1-3 or to a revocation of community supervision. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 5, Article 42.12, Code of Criminal 1-6 Procedure, is amended by adding Subsection (g) to read as follows: 1-7 (g)(1) In this subsection, "due diligence" means a 1-8 reasonable effort to apprehend the defendant and hear and determine 1-9 an alleged violation of a condition of community supervision within 1-10 a reasonable period of time. 1-11 (2) At a hearing under Subsection (b), the failure of 1-12 the state to exercise due diligence is an affirmative defense to a 1-13 determination by the court to proceed with an adjudication of 1-14 guilt. The defendant must prove the failure by a preponderance of 1-15 the evidence. 1-16 SECTION 2. Section 21, Article 42.12, Code of Criminal 1-17 Procedure, is amended by adding Subsection (e) to read as follows: 1-18 (e)(1) In this subsection, "due diligence" means a 1-19 reasonable effort to apprehend the defendant and hear and determine 1-20 an alleged violation of a condition of community supervision within 1-21 a reasonable period of time. 1-22 (2) In a community supervision revocation hearing, the 1-23 failure of the state to exercise due diligence is an affirmative 1-24 defense to revocation. The defendant must prove the failure by a 2-1 preponderance of the evidence. 2-2 SECTION 3. The change in law made by this Act applies to a 2-3 hearing under Article 42.12, Code of Criminal Procedure, as amended 2-4 by this Act, that commences on or after the effective date of this 2-5 Act, regardless if the defendant was placed on community 2-6 supervision before, on, or after the effective date of this Act. 2-7 SECTION 4. This Act takes effect immediately if it receives 2-8 a vote of two-thirds of all the members elected to each house, as 2-9 provided by Section 39, Article III, Texas Constitution. If this 2-10 Act does not receive the vote necessary for immediate effect, this 2-11 Act takes effect September 1, 2001.