Bill Text: TX HB3289 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the procedures for certain technical violations of community supervision.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-12 - Left pending in committee [HB3289 Detail]

Download: Texas-2017-HB3289-Introduced.html

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By: White H.B. No. 3289

A BILL TO BE ENTITLED
AN ACT
relating to the procedures for certain technical violations of
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter P, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.7555 to read as
follows:
Art. 42A.7555. PROCEDURES FOR CERTAIN TECHNICAL
VIOLATIONS. (a) This article applies to any violation of a
condition of community supervision other than:
(1) a violation committed by a defendant whose
community supervision has previously been revoked after a hearing
under Article 42A.751(d); or
(2) a violation committed by a defendant who, in the 10
years preceding the date of the violation, was convicted of a felony
offense listed in Article 42A.054, Code of Criminal Procedure or a
sexually violent offense, as defined by Article 62.001, Code of
Criminal Procedure; or
(3) a violation that involves:
(A) being arrested for, charged with, or
convicted of an offense:
(i) an offense punishable as a felony;
(ii) an offense against a person, as
defined byunder Title 5, Penal Code, that is punishable as a
misdemeanor; or
(iii) an offense involving the possession
of a firearm or any prohibited weapon; or
(B) contacting the victim of the offense for
which the defendant was placed on community supervision; or
(C) a failure to report as directed to a
supervision officer for 90 days or more in cases where a supervision
officer, peace officer, or other officer attempted to contact the
defendant in person at the defendant's last known resident address
or last known employment address; or
(D) leaving the state without permission.
(b) Notwithstanding any other provision of this chapter, if
after a hearing under Article 42A.751(d) the judge determines the
defendant violated a condition or conditions of community
supervision to which this article applies, the judge may not revoke
the defendant's community supervision but may continue, extend, or
modify the community supervision. If the judge requires the
defendant to serve a term of confinement based on a violation to
which this article applies, the term may not exceed 90 days unless
the judge orders the defendant to be placed in a community
corrections facility, as defined by Section 509.001, Government
Code or an Intermediate Sanction Facility or Substance Abuse Felony
Punishment Facility operated by the Department of Criminal Justice.
The judge may impose any other conditions the judge determines are
appropriate to be effective after the defendant completes the term
of confinement.
SECTION 23
. This Act takes effect September 1, 2017.