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probation violation texas penal code


(b) An offense under this section is a state jail felony. 2, eff. (j)  That part of the papers in the case containing an affirmative finding under Subsection (i): (1)  must include specific information identifying the victim, as available; (2)  may not include information identifying the victim's location; and. 2, eff. (a)  In this section, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian. COMMUNITY CORRECTIONS FACILITIES. Aug. 29, 1983; Sec. 1068), Sec. (c)  On expiration of a community supervision period imposed under Subsection (a), if the judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge him. PRESENTENCE INVESTIGATIONS. This means capital felonies can never be sentenced to probation. September 1, 2009. Found inside – Page 3484Hearings Before the Subcommittee on Improvements in the Federal Criminal Code of the Committee on the Judiciary, ... Vernon's Texas Penal Code ) , relating to the penalty for narcotic addiction and permitting probation ; amending ... At any time after the 75th day after the date the defendant is received into the custody of a state jail, the judge on the judge's own motion, on the motion of the attorney representing the state, or on the motion of the defendant may suspend further execution of the sentence and place the defendant on community supervision under the conditions of this section. 10(a) amended by Acts 1993, 73rd Leg., ch. 2, eff. 9(k) added by Acts 1993, 73rd Leg., ch. Sept. 1, 1994. Acts 2015, 84th Leg., R.S., Ch. Before reducing or terminating a period of community supervision or conducting a review under this section, the judge shall notify the attorney representing the state and the defendant or, if the defendant has an attorney, the defendant's attorney. Text of Sec. (3)  if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, attend counseling sessions for the elimination of violent behavior with a licensed counselor, social worker, or other professional who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the field of family violence. 5, eff. A judge may place on community supervision under this section a defendant charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a defendant charged with a felony described by Section 13B(b) of this article, only if the judge makes a finding in open court that placing the defendant on community supervision is in the best interest of the victim. Found inside – Page 615Iowa . 04190 Violations . Massachusetts . 03355 Violations . Texas . 03198 West Virginia . Annual Report . ... Partial Imprisonment , SEE : Imprisonment , Partial . Penal Law , SEE . Criminal Law . ... 04293 , 04833 Probation . 1, eff. DEFINITIONS. 1, eff. 7.15, eff. June 18, 2005.Acts 2005, 79th Leg., Ch. 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. 939, Sec. September 1, 2013.
87 (S.B. Sec. Call criminal lawyer Paul Saputo at (888) 239-9305 to discuss legal representation. 2, eff. 25, Sec. (2)  the person has not been convicted of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08 of that code, committed within 10 years before the date on which the instant offense for which the person was convicted and placed on community supervision. 3, eff. 6c added by Acts 1983, 68th Leg., p. 1057, ch. BASIC CONDITIONS OF COMMUNITY SUPERVISION. 1195 (S.B. 30, eff. reporting any address changes or employment developments to the probation officer. 1, eff. (B)  a third degree felony under Chapter 481, Health and Safety Code. A report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only:(1)  to those persons and under those circumstances authorized under Subsections (d), (e), (f), (h), (k), and (l) of this section;(2)  pursuant to Section 614.017, Health and Safety Code; or(3)  as directed by the judge for the effective supervision of the defendant. 9(l) amended by Acts 2003, 78th Leg., ch. Sept. 1, 1995; Sec.

15. September 1, 2011. June 16, 1985; Sec. 659, Sec. an offense under Texas Penal Code Section 20.04 (Aggravated Kidnapping); . 250, Sec. (a) A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of the following: (1) murder, capital murder, arson, aggravated robbery, robbery . 956, Sec. In Texas, a §21.15 conviction is charged as a state jail felony. 1146 (H.B. (j)  That part of the papers in the case containing an affirmative finding under Subsection (i):(1)  must include specific information identifying the victim, as available;(2)  may not include information identifying the victim's location; and(3)  is confidential, unless written consent for the release of the affirmative finding is obtained from the victim or, if the victim is younger than 18 years of age, the victim's parent or guardian.Sec. 1, eff. 1.44; Acts 2003, 78th Leg., ch. 5, eff. (h)  In this section, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 568, ch. FindLaw. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 3, eff. 1040, Sec. 464, Sec. Probationers can speed up early termination by: Either the judge or the jury can issue a sentence of probation. Sept. 1, 1997; Sec. 49.07: Intoxication Assault. 1, eff. 16.04, eff. 1430, Sec. 3. 201, Sec. 2, eff. 6, eff. Acts 1973, 63rd Leg., p. 883, ch. 40, eff.

Sept. 1, 1987; Sec. 321, Sec. However, upon written motion of the defendant requesting final adjudication filed within 30 days after entering such plea and the deferment of adjudication, the judge shall proceed to final adjudication as in all other cases. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2007. Sept. 1, 2003; Sec. 10, Sec. DWI - 3rd or more: 3rd Degree Felony (Texas Penal Code Section 12.34) Potential range of punishment : Imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, and/or a possible fine not to exceed $10,000.00. 317 (H.B. 930, Sec. Acts 1965, 59th Leg., vol. A defendant may not be awarded a credit under this subdivision for any period during which the defendant is subject to disciplinary action. "Official Oppression", as per § 39.03 of the Texas Penal Code, occurs when a public servant acting under color of his office or employment: intentionally subjects another to mistreatment or to arrest, detention, search, seizure . Sept. 1, 1987; Sec. 1, eff. 1969), Sec. indecency with a child (Penal Code 21.11). Aug. 27, 1979; Sec. 1969), Sec. COMMUNITY SERVICE. 3, eff. 8), Sec. 211, Sec. 91 (S.B. (j)  The judge by order may direct that any information and records that are not privileged and that are relevant to a report required by Subsection (a) or Subsection (k) of this section be released to an officer conducting a presentence investigation under Subsection (i) of this section or a postsentence report under Subsection (k) of this section.

(2)  is sentenced to serve a term of confinement under Section 12.35, Penal Code. Sept. 1, 1987; Acts 1987, 70th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 256, Sec.2 , eff. 25(a) amended by Acts 1990, 71st Leg., 6th C.S., ch. 1, eff. September 1, 2013. (c)  A judge may impose confinement as a condition of community supervision under Subsection (a) of this section on placing the defendant on supervision or at any time during the supervision period. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 257, Sec. Sept. 1, 1993; Sec. 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.Sec. 2, eff. 2, eff. September 1, 2011. 6e amended by Acts 1987, 70th Leg., ch. Sept. 1, 1985; Sec. 955 (S.B. 358), Sec. 1173), Sec. 1759), Sec. Acts 1973, 63rd Leg., p. 883, ch. 63(a) (e)  The clerk of a court that collects a fee imposed under Subsection (c)(2) shall deposit the fee to be sent to the comptroller as provided by Subchapter B, Chapter 133, Local Government Code, and the comptroller shall deposit the fee into the general revenue fund. The Texas Commission on Alcohol and Drug Abuse shall publish the jointly approved rules and shall monitor, coordinate, and provide training to persons providing the educational programs. The court shall require the defendant to obtain the device at the defendant's own cost before the 30th day after the date of conviction unless the court finds that to do so would not be in the best interest of justice and enters its findings on record. Sept. 1, 1975; Acts 1975, 64th Leg., p. 572, ch. Sec. Sept. 1, 1991; Sec. 8(a) amended by Acts 1987, 70th Leg., ch. 1, eff. The judge can revoke your probation even for a first-time violation. 5, eff. 1, eff. 2, eff. A bribery or corruption conviction can result in punishments ranging from class A misdemeanors to second degree felonies. (b)  In a felony case the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense and the maximum period of community supervision is, subject to the extensions provided by Section 22: (1)  10 years, for a felony other than a  third degree felony described by Subdivision (2); and. 969, Sec. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 889, Sec. Sept. 1, 1985; Sec. 2730), Sec. (d)  A judge may impose a sanction on a defendant described by Subsection (a)(3) of this section by increasing the fine imposed on the defendant. Criminal Conspiracy. (e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order. 1969), Sec. June 18, 1990; Sec. However, they can sentence most cases to probation, including 3G offenses. paying restitution to the victims of the offense. 1, eff. (a)  At any time after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the period of community supervision may be reduced or terminated by the judge. 2, eff. Sept. 1, 1999; Sec.

Aug. 29, 1977; Acts 1977, 65th Leg., p. 102, ch. 1, eff. Sec. 49.045. 209, Sec. (k)  If a defendant released to a medically suitable placement under Subsection (i) violates the terms of that release, the judge may dispose of the matter as provided by Subsections (e) and (f)(1). 909), Sec. 1, eff. for the selected Code. 3, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 9A. September 1, 2007. 1, eff. On an affirmative finding under this subdivision, the trial court shall enter the finding in the judgment of the court. (2)  On conviction of a state jail felony punished under Section 12.35(a), Penal Code, other than a state jail felony listed in Subdivision (1), subject to Subdivision (2-a), the judge may:(A)  suspend the imposition of the sentence and place the defendant on community supervision; or(B)  order the sentence to be executed:(i)  in whole; or(ii)  in part, with a term of community supervision to commence immediately on release of the defendant from confinement. 580, Sec. 3.04, eff. It is the purpose of this article to place wholly within the state courts the responsibility for determining when the imposition of sentence in certain cases shall be suspended, the conditions of community supervision, and the supervision of defendants placed on community supervision, in consonance with the powers assigned to the judicial branch of this government by the Constitution of Texas. LIMITATION ON JUDGE ORDERED COMMUNITY SUPERVISION. 8, eff. 6(f) added by Acts 1987, 70th Leg., ch. (d)  A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for the full payment of court costs, fines, attorney's fees, and restitution as follows: (e)  A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for the successful completion of treatment or rehabilitation programs as follows: (1)  alcohol or substance abuse counseling or treatment:  90 days; (2)  vocational, technical, or career education or training program:  60 days; (3)  parenting class or parental responsibility program:  30 days; (4)  anger management program:  30 days; and. (f)  A record in the custody of the court clerk regarding a case in which a person is granted deferred adjudication is not confidential. 1.44, eff. (8)  is adjudged guilty of an offense under Section 19.02, Penal Code. 4, eff. 11(f) added by Acts 1997, 75th Leg., ch. 3g(a) amended by Acts 2001, 77th Leg., ch. Sept. 1, 1999; added by Acts 1999, 76th Leg., ch. 5(c) amended by Acts 1993, 73rd Leg., ch. 5, eff. Each penalty group is categorized by their medicinal usage and potential for abuse. 63; and Acts 2003, 78th Leg., ch. (f)  A judge may not require a defendant to undergo an orchiectomy as a condition of community supervision. The judge may deny the motion without a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion. 40, Sec. 1, eff. 1415, Sec.

Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. (g)  Section 10(a) does not prohibit a community supervision and corrections department officer from altering a condition of community supervision by permitting a defendant to enter a child safety zone under Subsection (f). 1195, Sec. 22(e), (f) added by Acts 1993, 73rd Leg., ch. Community service. 1, eff. CONTINUATION OR MODIFICATION. Sept. 1, 2003; Sec. 10(j) amended by Acts 1985, 69th Leg., ch. September 1, 2019. 1, eff. 55, eff. (a)(1)  On conviction of a state jail felony under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision, unless the defendant has previously been convicted of a felony, other than a felony punished under Section 12.44(a), Penal Code, or unless the conviction resulted from an adjudication of the guilt of a defendant previously placed on deferred adjudication community supervision for the offense, in which event the judge may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed.

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probation violation texas penal code