C.S.H.B. 2685 78(R)    BILL ANALYSIS


C.S.H.B. 2685
By: Denny
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Texas case law requires that an officer exercise "due diligence" to
execute a warrant for violation of conditions of probation, and an
officer's failure to exercise due diligence is an affirmative defense
available to the probationer in court.  However, current law does not
define what an officer must do in order to comply with the requirement of
due diligence when serving a warrant upon a probationer. As a result,
Texas courts have developed varied definitions of the term "due
diligence," making it difficult for officers to ascertain the standard of
diligence that they must fulfill.  This can result in inadvertent
non-compliance that could be used as a defense in court.  In order to
standardize the requirements  for compliance with due diligence, C.S.H.B.
2685 defines due diligence by outlining how a supervision officer, peace
officer, or other officer with the power of arrest may attempt to contact
any person in violation of the terms or conditions of community
supervision.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.   C.S.H.B. 2685 amends Article 42.12 of the Code of Criminal
Procedure by providing that the duty to comply with conditions of
community supervision exists solely with the defendant.  

SECTION 2.   C.S.H.B. 2685 amends Article 42.12 of the Code of Criminal
Procedure by adding Section 24, which outlines the procedures for
satisfying due diligence.  A supervision officer, peace officer, or other
officer with the power of arrest under a warrant issued by a judge on the
violation of a condition of community supervision satisfies a due
diligence requirement if the officer contacts or attempts to contact the
defendant: 

_by United States mail directed to the defendant at the defendant's last
known residence address or last known employment address, as reflected by
the most recently posted bond in the county jail records in the county in
which the defendant was prosecuted; 

_by telephone at the defendant's last known residence telephone number, as
reflected by the county jail records in the county in which the defendant
was prosecuted; or 

_by personal visit at the defendant's last known residence address, as
reflected by the county jail records in the county in which the defendant
was prosecuted.   

EFFECTIVE DATE

This Act takes effect September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2685 makes clarifying changes to the original to conform to
legislative council drafting standards.