Bill Text: TX HB3831 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain technical violations of conditions of community supervision.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB3831 Detail]
Download: Texas-2019-HB3831-Introduced.html
Bill Title: Relating to certain technical violations of conditions of community supervision.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB3831 Detail]
Download: Texas-2019-HB3831-Introduced.html
86R14045 MAW-D | ||
By: Sherman, Sr. | H.B. No. 3831 |
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relating to certain technical violations of conditions 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 APPLICABLE TO 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 who: | ||
(A) in the 10 years preceding the date of the | ||
violation, was convicted of: | ||
(i) a felony offense listed in Article | ||
42A.054(a) or for which the judgment contains an affirmative | ||
finding under Article 42A.054(c) or (d); or | ||
(ii) a sexually violent offense as defined | ||
by Article 62.001; or | ||
(B) has previously had the defendant's community | ||
supervision revoked after a hearing under Article 42A.751(d); or | ||
(2) a violation that involves: | ||
(A) being arrested for, charged with, or | ||
convicted of an offense: | ||
(i) punishable as a felony; | ||
(ii) under Title 5, Penal Code, that is | ||
punishable as a misdemeanor; or | ||
(iii) involving the possession of a firearm | ||
or any prohibited weapon; | ||
(B) contacting the victim of the offense for | ||
which the defendant was placed on community supervision; | ||
(C) failing to report to a supervision officer as | ||
directed for 90 days or more if a supervision officer, peace | ||
officer, or other officer directed by the court attempted to | ||
contact the defendant in person at the defendant's last known | ||
residence or 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 only one or more 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, based on a violation to which | ||
this article applies, the judge requires the defendant to serve a | ||
term of confinement in a facility other than a community | ||
corrections facility as defined by Article 42A.601 or a substance | ||
abuse felony punishment facility operated by the Texas Department | ||
of Criminal Justice under Section 493.009, Government Code, the | ||
term of confinement may not exceed 90 days. The judge may impose | ||
any other conditions the judge determines are appropriate to be | ||
effective after the defendant completes the term of confinement. | ||
SECTION 2. Article 42A.7555, Code of Criminal Procedure, as | ||
added by this Act, applies to a person on community supervision on | ||
or after the effective date of this Act, regardless of whether the | ||
person was placed on community supervision before, on, or after the | ||
effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |