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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures involving a violation of a condition |
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of community supervision committed by a defendant who is the sole |
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caretaker of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.751, Code of Criminal Procedure, is |
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amended by adding Subsections (m), (n), and (o) to read as follows: |
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(m) When considering whether to revoke, continue, or modify |
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the community supervision of a defendant for a violation of a |
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condition of community supervision, the court shall, unless the |
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violation involves being arrested for, charged with, or convicted |
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of an offense other than a traffic offense that is punishable by |
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fine only, take into consideration whether the defendant is the |
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sole caretaker of a child. |
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(n) The attorney representing the state shall include in a |
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motion to revoke, continue, or modify community supervision a |
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statement from the defendant's supervision officer regarding |
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whether the defendant is a sole caretaker of a child. |
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(o) In this article, "sole caretaker of a child" means a |
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person who has assumed or will soon assume sole responsibility for a |
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dependent child younger than 18 years of age by providing for the |
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child's needs, including housing, health care, financial support, |
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education, family support, or safety. |
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SECTION 2. The change in law made by this Act applies to a |
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person on community supervision on or after the effective date of |
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this Act, regardless of whether the person was placed on community |
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supervision before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |