79R4837 PEP-F

By:  Dunnam                                                       H.B. No. 1415



A BILL TO BE ENTITLED

AN ACT

relating to certain procedures following a violation of community 
supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5(b), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(b)  On violation of a condition of community supervision 
imposed under Subsection (a) of this section, the defendant may be 
arrested and detained as provided in Section 21 of this article.  
The defendant is entitled to a hearing limited to the determination 
by the court of whether it proceeds with an adjudication of guilt on 
the original charge.  An [No] appeal may not be taken from this 
determination during the hearing at which the determination is 
made.  After an adjudication of guilt, all proceedings, including 
assessment of punishment, pronouncement of sentence, granting of 
community supervision, and defendant's appeal continue as if the 
adjudication of guilt had not been deferred.  A court assessing 
punishment after an adjudication of guilt of a defendant charged 
with a state jail felony may suspend the imposition of the sentence 
and place the defendant on community supervision or may order the 
sentence to be executed, regardless of whether the defendant has 
previously been convicted of a felony.
	SECTION 2.  This Act takes effect September 1, 2005.