a summons instead of a warrant for probation violations

The text as introduced · 1,670 words

89R5846 LHC-F

By: West
S.B. No. 803

A BILL TO BE ENTITLED

AN ACT

relating to a hearing for an alleged violation of community

supervision by a defendant and the manner in which that defendant is

required to appear before the court.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42A.108, Code of Criminal Procedure, is

amended to read as follows:

Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED

ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of

a condition of deferred adjudication community supervision imposed

under Article 42A.104, the defendant may be arrested and detained

or may be issued a summons as provided by [ in ] Article 42A.751.

(b) The defendant is entitled to a hearing limited to a

determination by the court of whether the court will proceed with an

adjudication of guilt on the original charge. The court may not

proceed with an adjudication of guilt on the original charge if the

court finds that the only evidence supporting the alleged violation

of a condition of deferred adjudication community supervision is

the uncorroborated results of a polygraph examination. The

determination to proceed with an adjudication of guilt on the

original charge is reviewable in the same manner as a revocation

hearing conducted under Article 42A.751 [ 42A.751(d) ] in a case in

which the adjudication of guilt was not deferred.

(c) A court retains jurisdiction to hold a hearing under

Subsection (b) and to proceed with an adjudication of guilt,

regardless of whether the period of deferred adjudication community

supervision imposed on the defendant has expired, if before the

expiration of the supervision period:

(1) the attorney representing the state files a motion

to proceed with the adjudication; and

(2) a capias is issued for the arrest of the defendant

or a summons is issued for the defendant in the manner described by

Article 42A.751 .

SECTION 2. Article 42A.556, Code of Criminal Procedure, is

amended to read as follows:

Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF

COMMUNITY SUPERVISION. If in a state jail felony case a defendant

violates a condition of community supervision imposed under this

chapter and after a hearing under Article 42A.751 [ 42A.751(d) ] the

judge modifies the defendant's community supervision, the judge may

impose any sanction permitted by Article 42A.752, except that if

the judge requires a defendant to serve a term of confinement in a

state jail felony facility as a modification of the defendant's

community supervision, the minimum term of confinement is 90 days

and the maximum term of confinement is 180 days.

SECTION 3. Article 42A.558(a), Code of Criminal Procedure,

is amended to read as follows:

(a) If in a state jail felony case a defendant violates a

condition of community supervision imposed under this chapter and

after a hearing under Article 42A.751 [ 42A.751(d) ] the judge

revokes the defendant's community supervision, the judge shall

dispose of the case in the manner provided by Article 42A.755.

SECTION 4. Article 42A.655(d), Code of Criminal Procedure,

is amended to read as follows:

(d) Notwithstanding any other law, if a defendant is ordered

to make a payment included under Subsection (b), the court shall

reconsider whether the defendant has sufficient resources or income

to make the payment at any hearing held under Article 42A.751

[ 42A.751(d) ].

SECTION 5. Article 42A.702(g), Code of Criminal Procedure,

is amended to read as follows:

(g) A court may order that some or all of the time credits to

which a defendant is entitled under this article be forfeited if,

before the expiration of the original period or a reduced period of

community supervision, the court:

(1) after a hearing under Article 42A.751

[ 42A.751(d) ], finds that a defendant violated one or more

conditions of community supervision; and

(2) modifies or continues the defendant's period of

community supervision under Article 42A.752 or revokes the

defendant's community supervision under Article 42A.755.

SECTION 6. Article 42A.751, Code of Criminal Procedure, is

amended by amending Subsections (d) and (l) and adding Subsections

(d-1), (d-2), (d-3), and (d-4) to read as follows:

(d) If the defendant has not been released on bail as

permitted under Subsection (c), 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 the date the motion is filed.

(d-1) On request of the attorney representing the state or

the defendant's supervision officer or at the judge's discretion,

the judge may issue a summons instead of a warrant or capias for a

violation of any condition of community supervision. The summons

must be in the same form as the warrant or capias, except that it

must summon the defendant to appear at a stated time and place for a

hearing on the alleged violation before the court that placed the

defendant on community supervision.

(d-2) A summons issued under Subsection (d-1) must be served

on the defendant by:

(1) delivering a copy of the summons to the defendant

personally;

(2) leaving the summons at the defendant's residence

with a person of suitable age and discretion who resides there; or

(3) mailing the summons to the defendant's last known

address.

(d-3) If the defendant fails to appear in response to a

summons issued under Subsection (d-1), the judge shall issue a

warrant or capias as otherwise described by this article.

(d-4) A hearing under this article must be conducted [ After

a hearing ] without a jury . After the hearing [ , ] the judge may

continue, extend, modify, or revoke the community supervision.

(l) A court retains jurisdiction to hold a hearing under

this article [ Subsection (d) ] 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 of the supervision period:

(1) the attorney representing the state files a motion

to revoke, continue, or modify community supervision; and

(2) a capias is issued for the arrest of the defendant ,

or a summons is issued for the defendant under Subsection (d-1) .

SECTION 7. Article 42A.752(a), Code of Criminal Procedure,

is amended to read as follows:

(a) If after a hearing under Article 42A.751 [ 42A.751(d) ] a

judge continues or modifies community supervision after

determining that the defendant violated a condition of community

supervision, the judge may impose any other conditions the judge

determines are appropriate, including:

(1) a requirement that the defendant perform community

service for a number of hours specified by the court under Article

42A.304, or an increase in the number of hours that the defendant

has previously been required to perform under that article in an

amount not to exceed double the number of hours permitted by that

article;

(2) an extension of the period of community

supervision, in the manner described by Article 42A.753;

(3) an increase in the defendant's fine, in the manner

described by Subsection (b); or

(4) the placement of the defendant in a substance

abuse felony punishment program operated under Section 493.009,

Government Code, if:

(A) the defendant is convicted of a felony other

than:

(i) a felony under Section 21.11, 22.011,

or 22.021, Penal Code; or

(ii) criminal attempt of a felony under

Section 21.11, 22.011, or 22.021, Penal Code; and

(B) the judge makes an affirmative finding that:

(i) drug or alcohol abuse significantly

contributed to the commission of the offense or violation of a

condition of community supervision, as applicable; and

(ii) the defendant is a suitable candidate

for treatment, as determined by the suitability criteria

established by the Texas Board of Criminal Justice under Section

493.009(b), Government Code.

SECTION 8. Article 42A.755(a), Code of Criminal Procedure,

is amended to read as follows:

(a) If community supervision is revoked after a hearing

under Article 42A.751 [ 42A.751(d) ], the judge may:

(1) proceed to dispose of the case as if there had been

no community supervision; or

(2) if the judge determines that the best interests of

society and the defendant would be served by a shorter term of

confinement, reduce the term of confinement originally assessed to

any term of confinement not less than the minimum prescribed for the

offense of which the defendant was convicted.

SECTION 9. Article 42A.756, Code of Criminal Procedure, is

amended to read as follows:

Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a

hearing under Article 42A.751 [ 42A.751(d) ], it is an affirmative

defense to revocation for an alleged violation based on a failure to

report to a supervision officer as directed or to remain within a

specified place that no supervision officer, peace officer, or

other officer with the power of arrest under a warrant issued by a

judge for that alleged violation contacted or attempted to contact

the defendant in person at the defendant's last known residence

address or last known employment address, as reflected in the files

of the department serving the county in which the order of community

supervision was entered.

SECTION 10. Article 42A.757(b), Code of Criminal Procedure,

is amended to read as follows:

(b) At a hearing at which the defendant is provided the same

rights as are provided to a defendant at a hearing under Article

42A.751 [ 42A.751(d) ], the judge may extend the defendant's

supervision period for a period not to exceed 10 additional years if

the judge determines that:

(1) the defendant has not sufficiently demonstrated a

commitment to avoid future criminal behavior; and

(2) the release of the defendant from supervision

would endanger the public.

SECTION 11. The change in law made by this Act applies to a

person on community supervision, including deferred adjudication

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 12. This Act takes effect September 1, 2025.