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A BILL TO BE ENTITLED
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AN ACT
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relating to the consequences of a defendant's violation of a |
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condition of community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (f) to read as follows: |
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(f) A court may proceed with an adjudication of guilt under |
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Section 5(b), increase the period of community supervision under |
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Section 22, or revoke community supervision under Section 23 only |
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if the court determines that the defendant's violation of a |
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condition of community supervision was wilful or intentional. For |
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purposes of this subsection, a defendant's violation of a condition |
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of community supervision is presumed to be wilful if the violation |
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is the defendant's commission of a subsequent offense. |
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SECTION 2. Section 22, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (e) to read as follows: |
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(e) A sanction imposed on a defendant under this section for |
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violating a condition of community supervision must be proportional |
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to the nature and severity of the violation. |
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SECTION 3. The change in law made by this Act applies only |
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to a hearing held under Section 5(b) or Section 21, Article 42.12, |
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Code of Criminal Procedure, on or after the effective date of this |
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Act. A hearing held under Section 5(b) or Section 21, Article |
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42.12, Code of Criminal Procedure, before the effective date of |
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this Act is governed by the law in effect at the time of the hearing, |
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and the former law is continued in effect for this purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |