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