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.