Bill Text: TX HB2845 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of a judge to impose a period of confinement in a county jail for a violation of a condition of community supervision.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-17 - Referred to Corrections [HB2845 Detail]
Download: Texas-2011-HB2845-Introduced.html
| 82R9853 MAW-D | ||
| By: Madden | H.B. No. 2845 | |
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| relating to the authority of a judge to impose a period of | ||
| confinement in a county jail for a violation of a condition of | ||
| community supervision. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 21, Article 42.12, Code of Criminal | ||
| Procedure, is amended by adding Subsection (a-1) to read as | ||
| follows: | ||
| (a-1) In addition to any other authority granted under this | ||
| section, a judge who has reason to believe a defendant has violated | ||
| a condition of community supervision, other than by committing a | ||
| new offense, may provide to the defendant a warning that clearly | ||
| communicates the consequences of violating a condition of community | ||
| supervision, including the ability of the judge to modify the | ||
| community supervision under Section 22, require the defendant to | ||
| serve a period of confinement in a county jail under Section 22(e), | ||
| or revoke the community supervision under Section 23. | ||
| SECTION 2. Section 22, Article 42.12, Code of Criminal | ||
| Procedure, is amended by adding Subsections (e) and (f) to read as | ||
| follows: | ||
| (e) In addition to the other sanctions authorized under this | ||
| section, a judge may order a defendant to serve a period of | ||
| confinement in a county jail if the judge determines that the | ||
| defendant violated a condition of community supervision after | ||
| receiving the warning provided by Section 21(a-1). The period of | ||
| confinement may not exceed: | ||
| (1) three days for a first violation; | ||
| (2) seven days for a second violation; | ||
| (3) 14 days for a third violation; and | ||
| (4) 21 days for a fourth or subsequent violation. | ||
| (f) A period of confinement ordered under Subsection (e) | ||
| does not count toward any limitation on a period of confinement | ||
| otherwise provided by this article. | ||
| SECTION 3. The change in law made by this Act applies to a | ||
| person placed on community supervision on or after the effective | ||
| date of this Act regardless of when the person committed the offense | ||
| for which the person is placed on community supervision. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
