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78R10616 GWK-D


By:  Denny                                                        H.B. No. 2685

Substitute the following for H.B. No. 2685:                                   

By:  Driver                                                   C.S.H.B. No. 2685



A BILL TO BE ENTITLED

AN ACT

relating to the due diligence required of certain officers in 
regard to the execution or attempted execution of warrants alleging 
violations of conditions of community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 42.12, Code of Criminal Procedure, is 
amended by adding Section 11A to read as follows:
	Sec. 11A.  DUTY TO COMPLY.  The duty to comply with conditions 
of community supervision exists solely with the defendant.
	SECTION 2.  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 the officer contacts or 
attempts to contact the defendant:
		(1)  by United States mail directed to the defendant 
at, as reflected by the most recently posted bond noted in the 
records of the county jail serving the county in which the defendant 
was prosecuted, the defendant's last known residence address or 
last known employment address;
		(2)  by telephone at, as reflected by the records of the 
county jail serving the county in which the defendant was 
prosecuted, the defendant's last known residence telephone number; 
or
		(3)  by personal visit at, as reflected by the county 
jail records of the county jail serving the county in which the 
defendant was prosecuted, the defendant's last known residence 
address.
	SECTION 3.  This Act takes effect September 1, 2003, and 
applies only to a revocation or adjudication hearing under Article 
42.12, Code of Criminal Procedure, that commences on or after that 
date.  A revocation or adjudication hearing that commences before 
September 1, 2003, is covered by the law in effect when the hearing 
commenced, and the former law is continued in effect for this 
purpose.