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A BILL TO BE ENTITLED
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AN ACT
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relating to certain violations of conditions of community |
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supervision related to testing for alcohol or controlled |
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substances. |
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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) and (n) to read as follows: |
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(m) The judge may not revoke the community supervision of a |
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defendant based solely on a violation of a condition of community |
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supervision related to testing for alcohol or controlled substances |
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if at the time of testing the defendant is participating in alcohol |
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or substance abuse counseling or treatment. |
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(n) Notwithstanding any other provision of this chapter, if |
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the judge determines a defendant who has completed alcohol or |
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substance abuse counseling or treatment has violated a condition of |
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community supervision related to testing for alcohol or controlled |
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substances, the judge may not revoke the defendant's community |
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supervision unless the judge first considers whether to modify the |
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defendant's community supervision to require the defendant to |
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resume alcohol or substance abuse counseling or treatment. The |
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judge shall modify the defendant's community supervision as |
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described by this subsection if in the judge's opinion the |
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modification would serve the best interest of society and the |
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defendant. |
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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, 2021. |