By:  Hilderbran, Denny                                            H.B. No. 1634



A BILL TO BE ENTITLED

AN ACT

relating to the ability of a court to maintain 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 attorney 
representing the state files a motion to proceed with the 
adjudication and a capias is issued for the arrest of the defendant.
	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 attorney representing the state files a motion to 
revoke, continue, or modify community supervision and a capias is 
issued for the arrest of the defendant.
	SECTION 3.  Article 42.12, Code of Criminal Procedure, is 
amended by adding Section 24 to read as follows:
	Sec. 24.  DUE DILIGENCE.  For the purposes of a hearing under 
Section 5(b) or 21(b), 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, not earlier than the 45th 
day before the date a motion to adjudicate or a motion to revoke is 
filed or not later than the 45th day after the date the motion is 
filed, the officer contacts or attempts to contact the defendant:
		(1)  by United States mail directed to the defendant 
at, as reflected in the files of the department serving the county 
in which the order of community supervision was entered, the 
defendant's last known residence address or last known employment 
address; or
		(2)  by telephone at, as reflected by the files of the 
department serving the county in which the order of community 
supervision was entered, the defendant's last known residence 
telephone number.
	SECTION 4.  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 5.   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.