Bill Text: TX HB2845 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the authority of a judge to impose a period of confinement in a county jail for a violation of a condition of community supervision.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-17 - Referred to Corrections [HB2845 Detail]

Download: Texas-2011-HB2845-Introduced.html

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82R9853 MAW-D
By: Madden H.B. No. 2845

A BILL TO BE ENTITLED
AN ACT
relating to the authority of a judge to impose a period of
confinement in a county jail for a violation of a condition of
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) In addition to any other authority granted under this
section, a judge who has reason to believe a defendant has violated
a condition of community supervision, other than by committing a
new offense, may provide to the defendant a warning that clearly
communicates the consequences of violating a condition of community
supervision, including the ability of the judge to modify the
community supervision under Section 22, require the defendant to
serve a period of confinement in a county jail under Section 22(e),
or revoke the community supervision under Section 23.
SECTION 2. Section 22, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsections (e) and (f) to read as
follows:
(e) In addition to the other sanctions authorized under this
section, a judge may order a defendant to serve a period of
confinement in a county jail if the judge determines that the
defendant violated a condition of community supervision after
receiving the warning provided by Section 21(a-1). The period of
confinement may not exceed:
(1) three days for a first violation;
(2) seven days for a second violation;
(3) 14 days for a third violation; and
(4) 21 days for a fourth or subsequent violation.
(f) A period of confinement ordered under Subsection (e)
does not count toward any limitation on a period of confinement
otherwise provided by this article.
SECTION 3. The change in law made by this Act applies to a
person placed on community supervision on or after the effective
date of this Act regardless of when the person committed the offense
for which the person is placed on community supervision.
SECTION 4. This Act takes effect September 1, 2011.