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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 a nonviolent offense that is punishable as a state |
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jail felony or a felony of the third degree, other than a violation |
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that involves: |
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(1) being arrested for, charged with, or convicted of |
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an offense; |
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(2) failing to report to a supervision officer as |
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directed for 180 days or more; or |
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(3) contacting the victim of the offense for which the |
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defendant was placed on community supervision. |
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(b) Notwithstanding any other provision of this chapter and |
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except as provided by Subsection (c), if after a hearing under |
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Article 42A.751(d) the judge determines the defendant violated only |
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a condition of community supervision to which this article applies, |
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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. If the |
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judge requires the defendant to serve a term of confinement based on |
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a violation to which this article applies, the term may not exceed: |
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(1) 45 days if the defendant's community supervision |
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has not previously been continued, extended, or modified under this |
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subsection; |
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(2) 90 days if the defendant's community supervision |
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has previously been continued, extended, or modified under this |
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subsection, subject to Subdivision (3); or |
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(3) 180 days if the defendant's community supervision |
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has previously been continued, extended, or modified two times |
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under this subsection. |
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(c) This article does not limit the authority of a judge to |
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revoke a defendant's community supervision or to impose a term of |
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confinement for: |
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(1) a violation of community supervision not described |
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by Subsection (a); or |
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(2) a violation of community supervision described by |
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Subsection (a) if the defendant's community supervision has |
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previously been continued, extended, or modified under Subsection |
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(b) three or more times. |
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(d) A judge may credit time spent by a defendant |
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participating in alcohol or substance abuse counseling or treatment |
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toward any term of confinement the defendant is required to serve |
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under Subsection (b). |
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(e) For purposes of this article, if the judge determines |
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that the defendant violated one or more conditions of community |
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supervision to which this article applies and those violations |
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arose out of the same transaction, the judge shall treat the |
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violations as a single violation. |
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SECTION 2. Chapter 509, Government Code, is amended by |
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adding Section 509.0175 to read as follows: |
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Sec. 509.0175. DISTRIBUTION OF COST SAVINGS RELATING TO |
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TECHNICAL VIOLATIONS. Notwithstanding any other provision of this |
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chapter, the Texas Department of Criminal Justice shall adopt |
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policies and procedures to: |
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(1) determine the cost savings to the Texas Department |
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of Criminal Justice realized through continuing, extending, or |
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modifying the community supervision of a defendant who commits a |
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technical violation as provided by Article 42A.7555, Code of |
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Criminal Procedure, instead of revoking the defendant's community |
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supervision; and |
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(2) provide: |
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(A) one-third of the cost savings described by |
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Subdivision (1) to the division to be allocated to individual |
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departments and used for the same purpose that state aid is used |
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under Section 509.011; and |
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(B) one-third of the cost savings described by |
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Subdivision (1) to the division to be used for making payments to |
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departments in accordance with Section 509.0071(e). |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |