ELIGIBILITY. (3) is determined by the court to be unemployable because of a disability. September 1, 2017. 42A.651. On July 31, 2003, the court, Bentivegna, J., imposed a "[t]otal effective sentence, eight years, execution suspended after four years to serve, three years probation." 3 The defendant made no objection at the time of sentencing and did not file his motion to correct the sentence until April 12, 2005, almost two years later. 6, eff. 1, eff. 5, eff. September 1, 2021. To the extent of any conflict between an order issued under this subsection and an order issued by a court of original jurisdiction, the order entered under this subsection prevails. 42A.407. Fill out, edit, sign and download your documents in PDF. (2) issue an order prohibiting the defendant from obtaining a license for a period of one year. L. 99646 inserted to be after relief and inserted provision relating to objection from the attorney for the government after notice of the proposed relief and extension of the term of probation as not favorable to the probationer for the purposes of this rule. (a) A judge may require as a condition of community supervision that the defendant work a specified number of hours at one or more community service projects for one or more organizations approved by the judge and designated by the department. (2) Revocation Hearing. Its Ask a Librarian feature allows users to get legal information from a librarian by email. Art. 790 (H.B. 42A.384. If the court finds the defendant is unable to make payment, the court shall make the counseling sessions or enrollment in the program available without cost to the defendant. And under (C), upon request by the probationer, adverse witnesses shall be made available for questioning unless the magistrate determines that the informant would be subjected to risk or harm if his identity were disclosed. (B) the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; (13) Section 43.04, Penal Code (Aggravated Promotion of Prostitution); (14) Section 43.05, Penal Code (Compelling Prostitution); (15) Section 43.25, Penal Code (Sexual Performance by a Child); (16) Chapter 481, Health and Safety Code, for which punishment is increased under: (A) Section 481.140 of that code (Use of Child in Commission of Offense); or, (B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections; or. (c) If the defendant by a motion in writing shows good cause, the judge may: (1) waive the educational program requirement; or. 4.008, eff. 3143(a) to release or detention decisions involving persons on probation or supervised release, and to clarify the burden of proof in such proceedings. (h) Notwithstanding any other provision of this subchapter, if a defendant is required to operate a motor vehicle in the course and scope of the defendant's employment and if the vehicle is owned by the employer, the defendant may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of that driving privilege restriction and if proof of that notification is with the vehicle. Technically it is up to the judge. 1480), Sec. 42A.104. A defendant is not eligible for community supervision under Article 42A.055 if the defendant: (1) is sentenced to a term of imprisonment that exceeds 10 years; (2) is convicted of a state jail felony for which suspension of the imposition of the sentence occurs automatically under Article 42A.551; (3) is adjudged guilty of an offense under Section 19.02, Penal Code; (4) is convicted of an offense under Section 21.11, 22.011, or 22.021, Penal Code, if the victim of the offense was younger than 14 years of age at the time the offense was committed; (5) is convicted of an offense under Section 20.04, Penal Code, if: (A) the victim of the offense was younger than 14 years of age at the time the offense was committed; and. COMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSE OFFENSES; PROHIBITED CONTACT WITH VICTIM. Added by Acts 2017, 85th Leg., R.S., Ch. (2) the charge to which the plea is entered under this subchapter is based solely on the ages of the defendant and the victim or intended victim at the time of the offense. The Committee believed that it was important to spell out more completely in this rule the various procedural steps that must be met when dealing with a revocation or modification of probation or supervised release. 2, eff. (4) the defendant is charged with an offense under Section 19.02, Penal Code, except that the judge may grant deferred adjudication community supervision on determining that the defendant did not cause the death of the deceased, did not intend to kill the deceased or another, and did not anticipate that a human life would be taken. Added by Acts 2021, 87th Leg., R.S., Ch. (3) under Section 481.121(b)(3), Health and Safety Code, possessed more than one pound of marihuana. My Probation Is Getting Revoked. Notes of Advisory Committee on Rules1987 Amendment. If probation is revoked, the probationer may be required to serve the sentence originally imposed, or any lesser sentence, and if imposition of sentence was suspended he may receive any sentence which might have been imposed. (b) If the court grants community supervision to a defendant described by Subsection (a), the court as a condition of community supervision shall: (1) prohibit the defendant from using the Internet to: (A) access material that is obscene, as defined by Section 43.21, Penal Code; (B) access a commercial social networking site, as defined by Article 62.0061(f); (C) communicate with any individual concerning sexual relations with an individual who is younger than 17 years of age; or, (D) communicate with another individual the defendant knows is younger than 17 years of age; and. (2) the defendant, in writing, authorizes the judge to inspect the report. COMMUNITY SUPERVISION FOR CERTAIN PROSTITUTION OFFENSES. Added by Acts 2017, 85th Leg., R.S., Ch. Do not be afraid to seek advice from an attorney BEFORE signing away your rights. 757), Sec. 42A.303. Second, the technology has advanced to the state where such filings could be sent from, and received at, locations outside the courthouse. Art. Task Force Report: Corrections 86 (1967). Request approval before moving to a new residence, changing jobs or traveling out of Texas. He has been named a Texas Super Lawyers Rising Star and has been recognized as one of the best criminal lawyers in Houston by Houstonia and H-Texas magazines. Art. If the information is provided orally, the judge must record and maintain the judge's statement to the defendant. (e) Notwithstanding the minimum period of community supervision provided by Article 42A.553(a), a judge placing a defendant on community supervision under this article shall impose a period of community supervision not to exceed 270 days. (a) On conviction of an offense punishable as a Class C misdemeanor under Section 42.01, Penal Code, for which punishment is enhanced under Section 12.43(c), Penal Code, based on previous convictions under Section 42.01 or 49.02, Penal Code, the court may suspend the imposition of the sentence and place the defendant on community supervision if the court finds that the defendant would benefit from community supervision and enters its finding on the record. Art. (a) For the purposes of this article, the jurisdiction of the courts in this state in which a sentence requiring confinement in a jail is imposed for conviction of a misdemeanor continues for 180 days from the date the execution of the sentence actually begins. September 1, 2021. Although the allegations in a motion to revoke probation need not be as specific as an indictment, they must be sufficient to apprise the probationer of the conditions of his probation which he is alleged to have violated, as well as the dates and events which support the charge. Kartman v. Parratt, 397 F.Supp. (a) In this article, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code, and "general residential operation" has the meaning assigned by Section 42.002, Human Resources Code. (a) A court granting community supervision to a defendant convicted of an offense under Section 46.13, Penal Code, may require as a condition of community supervision that the defendant: (1) provide an appropriate public service activity designated by the court; or. Acts 2019, 86th Leg., R.S., Ch. 324 (S.B. 346), Sec. 385), Sec. (a) If a defendant is placed on community supervision after receiving a grant of deferred adjudication community supervision for or being convicted of an offense under Section 21.11, 22.011, or 22.021, Penal Code, at any time during the period of community supervision, the judge may extend the period of community supervision as provided by this article. (c) A judge may impose a term of confinement as a condition of community supervision under this article on placing the defendant on supervision or at any time during the supervision period. (b) For purposes of the online responsible pet owner course described by Subsection (a)(1), the Texas Department of Licensing and Regulation or the Texas Commission of Licensing and Regulation, as appropriate: (1) is responsible for the approval, certification, and administration of the course and course providers; (A) initial and renewal course certifications; (B) initial and renewal course provider certifications; (C) course participant completion certificates; and. The way the process works is you file a motion to amend the conditions you explain to the judge why you're trying to do it you order the probation file get a hearing set and wait for the judge to make their decision 29, 2002, eff. (b) All provisions of this chapter applying to a defendant placed on community supervision for a misdemeanor apply to a defendant placed on community supervision under Subsection (a), except that the court shall require the defendant as a condition of community supervision to: (1) submit to diagnostic testing for addiction to alcohol or a controlled substance or drug; (2) submit to a psychological assessment; (3) if indicated as necessary by testing and assessment, participate in an alcohol or drug abuse treatment or education program; and. (a) If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant to a medically suitable placement if the judge determines that the defendant does not constitute a threat to public safety and the Texas Correctional Office on Offenders with Medical or Mental Impairments: (1) in coordination with the Correctional Managed Health Care Committee, prepares a case summary and medical report that identifies the defendant as: (A) being a person who is elderly or terminally ill or a person with a physical disability; (B) being a person with mental illness or an intellectual disability; or, (C) having a condition requiring long-term care; and.
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