By:  Hilderbran, Denny (Senate Sponsor - Staples)                 H.B. No. 1634
	(In the Senate - Received from the House May 1, 2003; 
May 6, 2003, read first time and referred to Committee on Criminal 
Justice; May 22, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 6, Nays 0; 
May 22, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1634                                   By:  Whitmire


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 and to defenses 
to revocation of community supervision.
	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 DEFENSE.  For the purposes of a 
hearing under Section 5(b) or 21(b), it is an affirmative defense to 
revocation for an alleged failure to report to a supervision 
officer as directed or to remain within a specified place that a 
supervision officer, peace officer, or other officer with the power 
of arrest under a warrant issued by a judge for that alleged 
violation failed to contact or attempt to contact the defendant in 
person at the defendant's last known residence address or last 
known employment address, as reflected in the files of the 
department serving the county in which the order of community 
supervision was entered.
	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.



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