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A BILL TO BE ENTITLED
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AN ACT
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relating to a hearing for an alleged violation of community |
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supervision by a defendant and the manner in which that defendant is |
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required to appear before the court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.108, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED |
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ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of |
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a condition of deferred adjudication community supervision imposed |
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under Article 42A.104, the defendant may be arrested and detained |
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or may be issued a summons as provided by [in] Article 42A.751. |
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(b) The defendant is entitled to a hearing limited to a |
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determination by the court of whether the court will proceed with an |
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adjudication of guilt on the original charge. The court may not |
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proceed with an adjudication of guilt on the original charge if the |
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court finds that the only evidence supporting the alleged violation |
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of a condition of deferred adjudication community supervision is |
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the uncorroborated results of a polygraph examination. The |
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determination to proceed with an adjudication of guilt on the |
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original charge is reviewable in the same manner as a revocation |
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hearing conducted under Article 42A.751 [42A.751(d)] in a case in |
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which the adjudication of guilt was not deferred. |
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(c) A court retains jurisdiction to hold a hearing under |
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Subsection (b) and to proceed with an adjudication of guilt, |
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regardless of whether the period of deferred adjudication community |
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supervision imposed on the defendant has expired, if before the |
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expiration of the supervision period: |
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(1) the attorney representing the state files a motion |
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to proceed with the adjudication; and |
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(2) a capias is issued for the arrest of the defendant |
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or a summons is issued for the defendant in the manner described by |
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Article 42A.751. |
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SECTION 2. Article 42A.556, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF |
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COMMUNITY SUPERVISION. If in a state jail felony case a defendant |
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violates a condition of community supervision imposed under this |
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chapter and after a hearing under Article 42A.751 [42A.751(d)] the |
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judge modifies the defendant's community supervision, the judge may |
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impose any sanction permitted by Article 42A.752, except that if |
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the judge requires a defendant to serve a term of confinement in a |
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state jail felony facility as a modification of the defendant's |
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community supervision, the minimum term of confinement is 90 days |
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and the maximum term of confinement is 180 days. |
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SECTION 3. Article 42A.558(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) If in a state jail felony case a defendant violates a |
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condition of community supervision imposed under this chapter and |
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after a hearing under Article 42A.751 [42A.751(d)] the judge |
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revokes the defendant's community supervision, the judge shall |
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dispose of the case in the manner provided by Article 42A.755. |
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SECTION 4. Article 42A.655(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) Notwithstanding any other law, if a defendant is ordered |
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to make a payment included under Subsection (b), the court shall |
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reconsider whether the defendant has sufficient resources or income |
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to make the payment at any hearing held under Article 42A.751 |
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[42A.751(d)]. |
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SECTION 5. Article 42A.702(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) A court may order that some or all of the time credits to |
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which a defendant is entitled under this article be forfeited if, |
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before the expiration of the original period or a reduced period of |
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community supervision, the court: |
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(1) after a hearing under Article 42A.751 |
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[42A.751(d)], finds that a defendant violated one or more |
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conditions of community supervision; and |
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(2) modifies or continues the defendant's period of |
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community supervision under Article 42A.752 or revokes the |
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defendant's community supervision under Article 42A.755. |
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SECTION 6. Article 42A.751, Code of Criminal Procedure, is |
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amended by amending Subsections (d) and (l) and adding Subsections |
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(d-1), (d-2), (d-3), and (d-4) to read as follows: |
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(d) If the defendant has not been released on bail as |
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permitted under Subsection (c), on motion by the defendant, the |
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judge who ordered the arrest for the alleged violation of a |
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condition of community supervision shall cause the defendant to be |
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brought before the judge for a hearing on the alleged violation |
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within 20 days of the date the motion is filed. |
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(d-1) On request of the attorney representing the state or |
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the defendant's supervision officer or at the judge's discretion, |
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the judge may issue a summons instead of a warrant or capias for a |
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violation of any condition of community supervision. The summons |
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must be in the same form as the warrant or capias, except that it |
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must summon the defendant to appear at a stated time and place for a |
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hearing on the alleged violation before the court that placed the |
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defendant on community supervision. |
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(d-2) A summons issued under Subsection (d-1) must be served |
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on the defendant by: |
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(1) delivering a copy of the summons to the defendant |
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personally; |
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(2) leaving the summons at the defendant's residence |
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with a person of suitable age and discretion who resides there; or |
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(3) mailing the summons to the defendant's last known |
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address. |
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(d-3) If the defendant fails to appear in response to a |
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summons issued under Subsection (d-1), the judge shall issue a |
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warrant or capias as otherwise described by this article. |
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(d-4) A hearing under this article must be conducted [After |
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a hearing] without a jury. After the hearing [,] the judge may |
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continue, extend, modify, or revoke the community supervision. |
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(l) A court retains jurisdiction to hold a hearing under |
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this article [Subsection (d)] and to revoke, continue, or modify |
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community supervision, regardless of whether the period of |
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community supervision imposed on the defendant has expired, if |
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before the expiration of the supervision period: |
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(1) the attorney representing the state files a motion |
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to revoke, continue, or modify community supervision; and |
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(2) a capias is issued for the arrest of the defendant, |
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or a summons is issued for the defendant under Subsection (d-1). |
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SECTION 7. Article 42A.752(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) If after a hearing under Article 42A.751 [42A.751(d)] a |
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judge continues or modifies community supervision after |
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determining that the defendant violated a condition of community |
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supervision, the judge may impose any other conditions the judge |
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determines are appropriate, including: |
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(1) a requirement that the defendant perform community |
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service for a number of hours specified by the court under Article |
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42A.304, or an increase in the number of hours that the defendant |
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has previously been required to perform under that article in an |
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amount not to exceed double the number of hours permitted by that |
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article; |
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(2) an extension of the period of community |
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supervision, in the manner described by Article 42A.753; |
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(3) an increase in the defendant's fine, in the manner |
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described by Subsection (b); or |
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(4) the placement of the defendant in a substance |
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abuse felony punishment program operated under Section 493.009, |
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Government Code, if: |
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(A) the defendant is convicted of a felony other |
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than: |
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(i) a felony under Section 21.11, 22.011, |
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or 22.021, Penal Code; or |
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(ii) criminal attempt of a felony under |
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Section 21.11, 22.011, or 22.021, Penal Code; and |
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(B) the judge makes an affirmative finding that: |
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(i) drug or alcohol abuse significantly |
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contributed to the commission of the offense or violation of a |
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condition of community supervision, as applicable; and |
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(ii) the defendant is a suitable candidate |
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for treatment, as determined by the suitability criteria |
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established by the Texas Board of Criminal Justice under Section |
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493.009(b), Government Code. |
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SECTION 8. Article 42A.755(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) If community supervision is revoked after a hearing |
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under Article 42A.751 [42A.751(d)], the judge may: |
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(1) proceed to dispose of the case as if there had been |
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no community supervision; or |
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(2) if the judge determines that the best interests of |
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society and the defendant would be served by a shorter term of |
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confinement, reduce the term of confinement originally assessed to |
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any term of confinement not less than the minimum prescribed for the |
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offense of which the defendant was convicted. |
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SECTION 9. Article 42A.756, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a |
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hearing under Article 42A.751 [42A.751(d)], it is an affirmative |
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defense to revocation for an alleged violation based on a failure to |
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report to a supervision officer as directed or to remain within a |
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specified place that no supervision officer, peace officer, or |
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other officer with the power of arrest under a warrant issued by a |
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judge for that alleged violation contacted or attempted to contact |
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the defendant in person at the defendant's last known residence |
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address or last known employment address, as reflected in the files |
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of the department serving the county in which the order of community |
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supervision was entered. |
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SECTION 10. Article 42A.757(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) At a hearing at which the defendant is provided the same |
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rights as are provided to a defendant at a hearing under Article |
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42A.751 [42A.751(d)], the judge may extend the defendant's |
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supervision period for a period not to exceed 10 additional years if |
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the judge determines that: |
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(1) the defendant has not sufficiently demonstrated a |
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commitment to avoid future criminal behavior; and |
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(2) the release of the defendant from supervision |
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would endanger the public. |
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SECTION 11. The change in law made by this Act applies to a |
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person on community supervision, including deferred adjudication |
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community supervision, on or after the effective date of this Act, |
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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 12. This Act takes effect September 1, 2023. |