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community supervision has previously been revoked after a hearing |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