Bill Text: TX SB1686 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to revocation of community supervision for use or possession of small amounts of marihuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Criminal Justice [SB1686 Detail]
Download: Texas-2015-SB1686-Introduced.html
By: Ellis | S.B. No. 1686 | |
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Relating to revocation of community supervision for use or | ||
possession of small amounts of marihuana. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 21 Article 42.12, Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) At any time during the period of community supervision | ||
the judge may issue a warrant for violation of any of the conditions | ||
of the community supervision and cause a defendant convicted under | ||
Section 43.02, Penal Code, or under Chapter 481, Health and Safety | ||
Code, or Sections 485.031 through 485.035, Health and Safety Code, | ||
or placed on deferred adjudication after being charged with one of | ||
those offenses, to be subject to the control measures of Section | ||
81.083, Health and Safety Code, and to the court-ordered-management | ||
provisions of Subchapter G, Chapter 81, Health and Safety Code. | ||
(b) At any time during the period of community supervision | ||
the judge may issue a warrant for violation of any of the conditions | ||
of the community supervision and cause the defendant to be | ||
arrested. Any supervision officer, police officer or other officer | ||
with power of arrest may arrest such defendant with or without a | ||
warrant upon the order of the judge to be noted on the docket of the | ||
court. Subject to Subsection (b-1), a defendant arrested under | ||
this subsection may be detained in the county jail or other | ||
appropriate place of confinement until he can be taken before the | ||
judge for a determination regarding the alleged violation. The | ||
arresting officer shall immediately report the arrest and detention | ||
to the judge. | ||
(b-1) Without any unnecessary delay, but not later than 48 | ||
hours after the person is arrested, the arresting officer or the | ||
person with custody of the arrested person shall take the arrested | ||
person before the judge who ordered the arrest for the alleged | ||
violation of a condition of community supervision or, if the judge | ||
is unavailable, before a magistrate of the county in which the | ||
person was arrested. The judge or magistrate shall perform all | ||
appropriate duties and may exercise all appropriate powers as | ||
provided by Article 15.17 with respect to an arrest for a new | ||
criminal offense, except that only the judge who ordered the arrest | ||
for the alleged violation may authorize the person's release on | ||
bail. The arrested person may be taken before the judge or | ||
magistrate under this subsection by means of an electronic | ||
broadcast system as provided by and subject to the requirements of | ||
Article 15.17. | ||
(b-2) If the defendant has not been released on bail as | ||
permitted under Subsection (b-1), on motion by the defendant the | ||
judge who ordered the arrest for the alleged violation of a | ||
condition of community supervision shall cause the defendant to be | ||
brought before the judge for a hearing on the alleged violation | ||
within 20 days of filing of said motion, and after a hearing without | ||
a jury, may either continue, extend, modify, or revoke the | ||
community supervision. A judge may revoke the community | ||
supervision of a defendant who is imprisoned in a penal institution | ||
without a hearing if the defendant in writing before a court of | ||
record in the jurisdiction where imprisoned waives his right to a | ||
hearing and to counsel, affirms that he has nothing to say as to why | ||
sentence should not be pronounced against him, and requests the | ||
judge to revoke community supervision and to pronounce sentence. | ||
In a felony case, the state may amend the motion to revoke community | ||
supervision any time up to seven days before the date of the | ||
revocation hearing, after which time the motion may not be amended | ||
except for good cause shown, and in no event may the state amend the | ||
motion after the commencement of taking evidence at the hearing. | ||
The judge may continue the hearing for good cause shown by either | ||
the defendant or the state. | ||
(c) The court may not revoke the community supervision of a | ||
defendant if, at the community supervision revocation hearing, the | ||
court finds that the only evidence supporting the alleged violation | ||
of a condition of community supervision is the uncorroborated | ||
results of a polygraph examination. In a community supervision | ||
revocation hearing at which it is alleged only that the defendant | ||
violated the conditions of community supervision by failing to pay | ||
compensation paid to appointed counsel, community supervision | ||
fees, or court costs, the state must prove by a preponderance of the | ||
evidence that the defendant was able to pay and did not pay as | ||
ordered by the judge. The court may order a community supervision | ||
and corrections department to obtain information pertaining to the | ||
factors listed under Article 42.037(h) and include that information | ||
in the report required under Section 9(a) or a separate report, as | ||
the court directs. | ||
(d) A defendant has a right to counsel at a hearing under | ||
this section. The court shall appoint counsel for an indigent | ||
defendant in accordance with the procedures adopted under Article | ||
26.04. | ||
(e) A court retains jurisdiction to hold a hearing under | ||
Subsection (b-2) and to revoke, continue, or modify community | ||
supervision, regardless of whether the period of community | ||
supervision imposed on the defendant has expired, if before the | ||
expiration the attorney representing the state files a motion to | ||
revoke, continue, or modify community supervision and a capias is | ||
issued for the arrest of the defendant. | ||
(f) A court may not revoke the community supervision of a | ||
defendant if, at the community supervision revocation hearing, the | ||
court finds that the only evidence supporting the alleged violation | ||
of a condition of community supervision involves conduct that would | ||
constitute a misdemeanor under Sec. 481.121 of the Health & Safety | ||
Code, unless there is sufficient evidence of an additional | ||
violation other than failing to pay compensation paid to appointed | ||
counsel, community supervision fees, or court costs when the state | ||
has proven by a preponderance of the evidence that the defendant was | ||
able to pay and did not pay as ordered by the judge. |