78R6551 GWK-F

By:  Riddle                                                       H.B. No. 1298



A BILL TO BE ENTITLED

AN ACT

relating to the ability of a court to retain jurisdiction over a 
person placed on community supervision who absconds.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (h) to read as follows:
	(h)  A court retains jurisdiction to hold a hearing under 
Subsection (b) and to proceed with an adjudication of guilt, 
regardless of whether the period of community supervision imposed 
on the defendant has expired, if before the expiration the court 
issues a warrant for violation of a condition of community 
supervision.  At a hearing to determine whether the defendant 
violated any condition of community supervision, it is not a 
defense to proceeding with an adjudication of guilt that the 
warrant was not executed in a timely manner or was executed after 
the expiration of the period of community supervision.
	SECTION 2.  Section 21, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (e) to read as follows:
	(e)  A court retains jurisdiction to hold a hearing under 
Subsection (b) and to revoke, continue, or modify community 
supervision, regardless of whether the period of community 
supervision imposed on the defendant has expired, if before the 
expiration the court issues a warrant for violation of a condition 
of community supervision.  At a hearing to determine whether the 
defendant violated any condition of community supervision, it is 
not a defense to revocation that the warrant was not executed in a 
timely manner or was executed after the expiration of the period of 
community supervision.
	SECTION 3.  The change in law made by this Act applies to a 
hearing under Article 42.12, Code of Criminal Procedure, as amended 
by this Act, that commences on or after the effective date of this 
Act, regardless of whether the defendant was placed on community 
supervision before, on, or after the effective date of this Act.
	SECTION 4.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.