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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a judge to impose a period of |
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confinement in a county jail for a violation of a condition of |
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community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12, Article 42.12, Code of Criminal |
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Procedure, is amended by amending Subsection (a) and adding |
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Subsections (d) and (e) to read as follows: |
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(a) If a judge having jurisdiction of a misdemeanor case |
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requires as a condition of community supervision that the defendant |
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submit to a period of confinement in a county jail, the period of |
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confinement may not exceed 30 days. Except as provided by |
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Subsection (e), if [If] a judge having jurisdiction of a felony case |
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requires as a condition of community supervision that the defendant |
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submit to a period of confinement in a county jail, the period of |
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confinement may not exceed 180 days. |
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(d) In addition to any other authority granted under this |
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article, a judge having jurisdiction of a felony case, after |
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providing to the defendant a written warning that clearly |
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communicates the consequences of violating a condition of community |
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supervision, including the ability of the judge to modify the |
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community supervision under Section 22, require the defendant to |
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serve a period of confinement in a county jail as a condition of |
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community supervision under Subsection (e), or revoke the community |
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supervision under Section 23, may require the defendant to serve a |
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period of confinement under Subsection (e) in addition to the |
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maximum period provided by Subsection (a). |
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(e) In addition to the confinement authorized under |
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Subsection (a), a judge may order a defendant to serve a period of |
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confinement in a county jail as a condition of community |
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supervision if the judge determines that the defendant violated a |
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condition of community supervision after receiving the warning |
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provided by Subsection (d). The period of confinement may not |
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exceed: |
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(1) three days for a first violation; |
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(2) seven days for a second violation; |
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(3) 14 days for a third violation; and |
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(4) 21 days for a fourth or subsequent violation. |
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SECTION 2. The change in law made by this Act applies to a |
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person placed on community supervision on or after the effective |
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date of this Act regardless of when the person committed the offense |
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for which the person is placed on community supervision. |
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SECTION 3. This Act takes effect September 1, 2013. |