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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures following a violation of community |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(b), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) On violation of a condition of community supervision |
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imposed under Subsection (a) of this section, the defendant may be |
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arrested and detained as provided in Section 21 of this article. |
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The defendant is entitled to a hearing limited to the determination |
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by the court of whether it proceeds with an adjudication of guilt on |
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the original charge. An [No] appeal may not be taken from this |
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determination during the hearing at which the determination is |
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made. After an adjudication of guilt, all proceedings, including |
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assessment of punishment, pronouncement of sentence, granting of |
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community supervision, and defendant's appeal continue as if the |
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adjudication of guilt had not been deferred. A court assessing |
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punishment after an adjudication of guilt of a defendant charged |
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with a state jail felony may suspend the imposition of the sentence |
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and place the defendant on community supervision or may order the |
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sentence to be executed, regardless of whether the defendant has |
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previously been convicted of a felony. |
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SECTION 2. This Act takes effect September 1, 2007. |