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By: Moody (Senate Sponsor - Rodríguez) |
H.B. No. 518 |
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(In the Senate - Received from the House April 22, 2015; |
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May 4, 2015, read first time and referred to Committee on Criminal |
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Justice; May 21, 2015, reported favorably by the following vote: |
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Yeas 7, Nays 0; May 21, 2015, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to certain waivers by a defendant regarding a community |
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supervision revocation hearing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21(b-2), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b-2) If the defendant has not been released on bail as |
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permitted under Subsection (b-1), on motion by the defendant the |
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judge who ordered the arrest for the alleged violation of a |
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condition of community supervision shall cause the defendant to be |
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brought before the judge for a hearing on the alleged violation |
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within 20 days of filing of the [said] motion, and after a hearing |
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without a jury, may either continue, extend, modify, or revoke the |
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community supervision. A judge may revoke the community |
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supervision of a defendant who is imprisoned in a penal institution |
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without a hearing if the defendant, in writing before a court of |
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record or a notary public in the jurisdiction where imprisoned, |
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waives the defendant's [his] right to a hearing and to counsel, |
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affirms that the defendant [he] has nothing to say as to why |
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sentence should not be pronounced against the defendant [him], and |
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requests the judge to revoke community supervision and to pronounce |
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sentence. In a felony case, the state may amend the motion to |
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revoke community supervision any time up to seven days before the |
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date of the revocation hearing, after which time the motion may not |
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be amended except for good cause shown, and in no event may the |
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state amend the motion after the commencement of taking evidence at |
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the hearing. The judge may continue the hearing for good cause |
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shown by either the defendant or the state. |
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SECTION 2. This Act takes effect September 1, 2015. |
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