By: Ellis	S.B. No. 1686

	A BILL TO BE ENTITLED
	AN ACT
	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.