Bill Text: TX HB1449 | 2023-2024 | 88th 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB1449 Detail]
Download: Texas-2023-HB1449-Introduced.html
Bill Title: Relating to certain technical violations of conditions of community supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB1449 Detail]
Download: Texas-2023-HB1449-Introduced.html
88R6724 MZM-D | ||
By: Collier | H.B. No. 1449 |
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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 by a defendant on community | ||
supervision for a nonviolent offense that is punishable as a state | ||
jail felony or a felony of the third degree, other than a violation | ||
that involves: | ||
(1) being arrested for, charged with, or convicted of | ||
an offense; | ||
(2) failing to report to a supervision officer as | ||
directed for 180 days or more; or | ||
(3) contacting the victim of the offense for which the | ||
defendant was placed on community supervision. | ||
(b) Notwithstanding any other provision of this chapter and | ||
except as provided by Subsection (c), if after a hearing under | ||
Article 42A.751(d) the judge determines the defendant violated only | ||
a condition 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: | ||
(1) 45 days if the defendant's community supervision | ||
has not previously been continued, extended, or modified under this | ||
subsection; | ||
(2) 90 days if the defendant's community supervision | ||
has previously been continued, extended, or modified under this | ||
subsection, subject to Subdivision (3); or | ||
(3) 180 days if the defendant's community supervision | ||
has previously been continued, extended, or modified two times | ||
under this subsection. | ||
(c) This article does not limit the authority of a judge to | ||
revoke a defendant's community supervision or to impose a term of | ||
confinement for: | ||
(1) a violation of community supervision not described | ||
by Subsection (a); or | ||
(2) a violation of community supervision described by | ||
Subsection (a) if the defendant's community supervision has | ||
previously been continued, extended, or modified under Subsection | ||
(b) three or more times. | ||
(d) A judge may credit time spent by a defendant | ||
participating in alcohol or substance abuse counseling or treatment | ||
toward any term of confinement the defendant is required to serve | ||
under Subsection (b). | ||
(e) For purposes of this article, if the judge determines | ||
that the defendant violated one or more conditions of community | ||
supervision to which this article applies and those violations | ||
arose out of the same transaction, the judge shall treat the | ||
violations as a single violation. | ||
SECTION 2. Chapter 509, Government Code, is amended by | ||
adding Section 509.0175 to read as follows: | ||
Sec. 509.0175. DISTRIBUTION OF COST SAVINGS RELATING TO | ||
TECHNICAL VIOLATIONS. Notwithstanding any other provision of this | ||
chapter, the Texas Department of Criminal Justice shall adopt | ||
policies and procedures to: | ||
(1) determine the cost savings to the Texas Department | ||
of Criminal Justice realized through continuing, extending, or | ||
modifying the community supervision of a defendant who commits a | ||
technical violation as provided by Article 42A.7555, Code of | ||
Criminal Procedure, instead of revoking the defendant's community | ||
supervision; and | ||
(2) provide: | ||
(A) one-third of the cost savings described by | ||
Subdivision (1) to the division to be allocated to individual | ||
departments and used for the same purpose that state aid is used | ||
under Section 509.011; and | ||
(B) one-third of the cost savings described by | ||
Subdivision (1) to the division to be used for making payments to | ||
departments in accordance with Section 509.0071(e). | ||
SECTION 3. 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 4. This Act takes effect September 1, 2023. |