| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a judge to impose a period of |
|
|
confinement in a county jail for a violation of a condition of |
|
|
community supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21, Article 42.12, Code of Criminal |
|
|
Procedure, is amended by adding Subsection (a-1) to read as |
|
|
follows: |
|
|
(a-1) In addition to any other authority granted under this |
|
|
section, a judge who has reason to believe a defendant has violated |
|
|
a condition of community supervision, other than by committing a |
|
|
new offense, may provide to the defendant a warning that clearly |
|
|
communicates the consequences of violating a condition of community |
|
|
supervision, including the ability of the judge to modify the |
|
|
community supervision under Section 22, require the defendant to |
|
|
serve a period of confinement in a county jail under Section 22(e), |
|
|
or revoke the community supervision under Section 23. |
|
|
SECTION 2. Section 22, Article 42.12, Code of Criminal |
|
|
Procedure, is amended by adding Subsections (e) and (f) to read as |
|
|
follows: |
|
|
(e) In addition to the other sanctions authorized under this |
|
|
section, a judge may order a defendant to serve a period of |
|
|
confinement in a county jail if the judge determines that the |
|
|
defendant violated a condition of community supervision after |
|
|
receiving the warning provided by Section 21(a-1). The period of |
|
|
confinement may not exceed: |
|
|
(1) three days for a first violation; |
|
|
(2) seven days for a second violation; |
|
|
(3) 14 days for a third violation; and |
|
|
(4) 21 days for a fourth or subsequent violation. |
|
|
(f) A period of confinement ordered under Subsection (e) |
|
|
does not count toward any limitation on a period of confinement |
|
|
otherwise provided by this article. |
|
|
SECTION 3. The change in law made by this Act applies to a |
|
|
person placed on community supervision on or after the effective |
|
|
date of this Act regardless of when the person committed the offense |
|
|
for which the person is placed on community supervision. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |