86R26881 MAW-D
 
  By: Sherman, Sr., Johnson of Harris H.B. No. 3831
 
  Substitute the following for H.B. No. 3831:
 
  By:  Morales C.S.H.B. No. 3831
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain technical violations of conditions of community
  supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter P, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.7555 to read as
  follows:
         Art. 42A.7555.  PROCEDURES APPLICABLE TO CERTAIN TECHNICAL
  VIOLATIONS. (a) This article applies to any violation of a
  condition of community supervision by a defendant on community
  supervision for an offense that is punishable as a state jail felony
  or a felony of the third degree, other than:
               (1)  a violation committed by a defendant who:
                     (A)  in the five years preceding the date of the
  violation, was convicted of:
                           (i)  a felony offense listed in Article
  42A.054(a) or for which the judgment contains an affirmative
  finding under Article 42A.054(c) or (d); or
                           (ii)  a sexually violent offense as defined
  by Article 62.001; or
                     (B)  has previously had the defendant's community
  supervision revoked; or
               (2)  a violation that involves:
                     (A)  being arrested for, charged with, or
  convicted of an offense:
                           (i)  punishable as a felony;
                           (ii)  under Title 5, Penal Code, that is
  punishable as a misdemeanor; or
                           (iii)  involving the possession of a firearm
  or any prohibited weapon;
                     (B)  contacting the victim of the offense for
  which the defendant was placed on community supervision;
                     (C)  failing to register as a sex offender under
  Chapter 62 if required as a condition of community supervision;
                     (D)  committing family violence, as defined by
  Section 71.004, Family Code;
                     (E)  failing to report to a supervision officer as
  directed for 30 days or more if a supervision officer, peace
  officer, or other officer directed by the court attempted to
  contact the defendant in person at the defendant's last known
  residence or employment address; or
                     (F)  leaving the state without permission.
         (b)  Notwithstanding any other provision of this chapter, if
  after a hearing under Article 42A.751(d) the judge determines the
  defendant violated not more than three conditions of community
  supervision to which this article applies and no other condition,
  the judge may not revoke the defendant's community supervision but
  may continue, extend, or modify the community supervision, other
  than a modification that requires the defendant to serve a term of
  confinement based on the violation.
         (c)  Except as provided by Subsection (e), this article does
  not limit the authority of a judge to revoke a defendant's community
  supervision or to impose a term of confinement if the defendant
  violates four or more conditions of community supervision to which
  this article applies, except that before the defendant may be
  required to serve a term of confinement in a facility other than a
  community corrections facility as defined by Article 42A.601 or a
  substance abuse felony punishment facility operated by the Texas
  Department of Criminal Justice under Section 493.009, Government
  Code, the judge must:
               (1)  exhaust all alternatives to incarceration;
               (2)  follow the continuum of care for a defendant who
  requires inpatient treatment for substance abuse, if applicable;
  and
               (3)  determine that the defendant is an imminent threat
  to the public. 
         (d)  If the judge imposes confinement described by
  Subsection (c) as a condition of community supervision, the judge
  may impose any other condition the judge determines appropriate to
  be effective after the defendant completes the term of confinement. 
         (e)  Notwithstanding any other provision of this article, if
  the judge determines that the defendant has only violated one or
  more conditions of community supervision related to failing to
  timely pay a fee or arriving late to a scheduled meeting with the
  defendant's supervision officer, the judge may not revoke the
  defendant's community supervision.  This subsection does not affect
  the defendant's obligation to pay any fees as required as a
  condition of community supervision.
         SECTION 2.  Article 42A.7555, Code of Criminal Procedure, as
  added by this Act, applies to a person on community supervision on
  or after the effective date of this Act, regardless of whether the
  person was placed on community supervision before, on, or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2019.