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A BILL TO BE ENTITLED
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AN ACT
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relating to the minimum and maximum terms of community supervision |
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for a defendant charged with the commission of a felony. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3(b), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) The [Except as provided by Subsection (f), in a felony
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case the minimum period of community supervision is the same as the
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minimum term of imprisonment applicable to the offense and the] |
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maximum period of community supervision in a felony case is five |
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[10] years. |
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SECTION 2. Section 4(b), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) If the jury recommends to the judge that the judge place |
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the defendant on community supervision, the judge shall place the |
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defendant on community supervision for any period permitted under |
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Section 3(b) or 3(c) [of this article], as appropriate, except that |
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in a felony case described by Section 3g, the maximum period of |
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community supervision is 10 years. |
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SECTION 3. Section 5(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Except as provided by Subsection (d) [of this section], |
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when in the judge's opinion the best interest of society and the |
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defendant will be served, the judge may, after receiving a plea of |
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guilty or plea of nolo contendere, hearing the evidence, and |
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finding that it substantiates the defendant's guilt, defer further |
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proceedings without entering an adjudication of guilt, and place |
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the defendant on community supervision. A judge may place on |
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community supervision under this section a defendant charged with |
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an offense under Section 21.11, 22.011, or 22.021, Penal Code, |
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regardless of the age of the victim, or a defendant charged with a |
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felony described by Section 13B(b) [of this article], only if the |
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judge makes a finding in open court that placing the defendant on |
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community supervision is in the best interest of the victim. The |
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failure of the judge to find that deferred adjudication is in the |
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best interest of the victim is not grounds for the defendant to set |
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aside the plea, deferred adjudication, or any subsequent conviction |
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or sentence. After placing the defendant on community supervision |
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under this section, the judge shall inform the defendant orally or |
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in writing of the possible consequences under Subsection (b) [of
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this section] of a violation of community supervision. If the |
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information is provided orally, the judge must record and maintain |
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the judge's statement to the defendant. The failure of a judge to |
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inform a defendant of possible consequences under Subsection (b) |
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[of this section] is not a ground for reversal unless the defendant |
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shows that the defendant [he] was harmed by the failure of the judge |
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to provide the information. In a felony case, the period of |
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community supervision may not exceed five [10] years, except that |
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in a felony case described by Section 3g, the period of community |
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supervision may not exceed 10 years. [For a defendant charged with
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a felony under Section 21.11, 22.011, or 22.021, Penal Code,
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regardless of the age of the victim, and for a defendant charged
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with a felony described by Section 13B(b) of this article, the
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period of community supervision may not be less than five years.] |
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In a misdemeanor case, the period of community supervision may not |
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exceed two years. A judge may increase the maximum period of |
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community supervision in the manner provided by Section 22(c) or |
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22A [of this article]. The judge may impose a fine applicable to |
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the offense and require any reasonable conditions of community |
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supervision, including mental health treatment under Section 11(d) |
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[of this article], that a judge could impose on a defendant placed |
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on community supervision for a conviction that was probated and |
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suspended, including confinement. The provisions of Section 15 [of
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this article] specifying whether a defendant convicted of a state |
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jail felony is to be confined in a county jail or state jail felony |
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facility and establishing the minimum and maximum terms of |
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confinement as a condition of community supervision apply in the |
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same manner to a defendant placed on community supervision after |
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pleading guilty or nolo contendere to a state jail felony. However, |
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upon written motion of the defendant requesting final adjudication |
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filed within 30 days after entering such plea and the deferment of |
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adjudication, the judge shall proceed to final adjudication as in |
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all other cases. |
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SECTION 4. Section 15(b), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) [The minimum period of community supervision a judge may
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impose under this section is two years.] The maximum period of |
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community supervision a judge may impose under this section is five |
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years, except that the judge may impose a maximum of five one-year |
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extensions for good cause stated in the record of the case. The |
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judge may not impose more than one extension per hearing held under |
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Section 21 [extend the maximum period of community supervision
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under this section to not more than 10 years]. A judge may extend a |
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period of community supervision under this section at any time |
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during the period of community supervision, or if a motion for |
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revocation of community supervision is filed before the period of |
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community supervision ends, before the first anniversary of the |
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expiration of the period of community supervision. |
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SECTION 5. Sections 22(a) and (c), Article 42.12, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) If after a hearing under Section 21 [of this article] a |
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judge continues or modifies community supervision after |
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determining that the defendant violated a condition of community |
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supervision, the judge may impose any other conditions the judge |
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determines are appropriate, including: |
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(1) a requirement that the defendant perform community |
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service for a number of hours specified by the court under Section |
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16 [of this article], or an increase in the number of hours that the |
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defendant has previously been required to perform under those |
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sections in an amount not to exceed double the number of hours |
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permitted by Section 16; |
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(2) an increase in the period of community |
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supervision, in the manner described by Subsection (c) [(b) of this
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section]; |
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(3) an increase in the defendant's fine, in the manner |
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described by Subsection (d) [of this section]; or |
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(4) the placement of the defendant in a substance |
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abuse felony punishment program operated under Section 493.009, |
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Government Code, if: |
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(A) the defendant is convicted of a felony other |
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than: |
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(i) a felony under Section 21.11, 22.011, |
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or 22.021, Penal Code; or |
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(ii) criminal attempt of a felony under |
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Section 21.11, 22.011, or 22.021, Penal Code; and |
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(B) the judge makes an affirmative finding that: |
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(i) drug or alcohol abuse significantly |
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contributed to the commission of the crime or violation of |
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community supervision; and |
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(ii) the defendant is a suitable candidate |
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for treatment, as determined by the suitability criteria |
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established by the Texas Board of Criminal Justice under Section |
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493.009(b), Government Code. |
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(c) The judge may extend a period of community supervision |
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under this section as often as the judge determines is necessary. |
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In a felony case, [but] the total period of community supervision, |
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including any extensions under this subsection, [in a first,
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second, or third degree felony case] may not exceed the applicable |
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maximum period of community supervision permitted under Section |
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3(b), 4(b), or 5(a), except that in a felony case other than a case |
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involving a felony described by Section 3g, the judge may impose a |
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maximum of five one-year extensions for good cause stated in the |
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record of the case. The judge may not impose more than one |
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extension under this subsection per hearing held under Section 21. |
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In a misdemeanor case [10 years and], except as otherwise provided |
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by this subsection, the period of community supervision [in a
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misdemeanor case] may not exceed three years. The judge may extend |
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the period of community supervision in a misdemeanor case for any |
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period the judge determines is necessary, not to exceed an |
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additional two years beyond the three-year limit, if the defendant |
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fails to pay a previously assessed fine, costs, or restitution and |
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the judge determines that extending the period of supervision |
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increases the likelihood that the defendant will fully pay the |
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fine, costs, or restitution. A court may extend a period of |
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community supervision under this section at any time during the |
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period of supervision or, if a motion for revocation of community |
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supervision is filed before the period of supervision ends, before |
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the first anniversary of the date on which the period of supervision |
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expires. |
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SECTION 6. Section 3(f), Article 42.12, Code of Criminal |
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Procedure, is repealed. |
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SECTION 7. The changes in law made by this Act apply only to |
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a defendant placed on community supervision for an offense |
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committed on or after the effective date of this Act. A defendant |
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placed on community supervision for an offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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defendant was placed on community supervision, and the former law |
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is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 8. This Act takes effect September 1, 2007. |