Bill Text: TX HB4460 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to certain technical violations of conditions of community supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-25 - No action taken in committee [HB4460 Detail]
Download: Texas-2019-HB4460-Introduced.html
| 86R13870 JRR-F | ||
| By: Allen | H.B. No. 4460 | |
|
|
||
|
|
||
| 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, 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 180 days. | ||
| SECTION 2. Chapter 509, Government Code, is amended by | ||
| adding Section 509.018 to read as follows: | ||
| Sec. 509.018. 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, 2019. | ||
