TITLE: Relating to certain violations of conditions of community supervision related to testing for alcohol or controlled substances.

SUMMARY: Relating to certain violations of conditions of community supervision related to testing for alcohol or controlled substances.

FULL TEXT:
AN ACT relating to certain violations of conditions of community supervision related to testing for alcohol or controlled substances. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 42A.751, Code of Criminal Procedure, is amended by adding Subsections (m) and (n) to read as follows: (m) The judge may not revoke the community supervision of a defendant based solely on a violation of a condition of community supervision related to testing for alcohol or controlled substances if at the time of testing the defendant is participating in alcohol or substance abuse counseling or treatment. (n) Notwithstanding any other provision of this chapter, if the judge determines a defendant who has completed alcohol or substance abuse counseling or treatment has violated a condition of community supervision related to testing for alcohol or controlled substances, the judge may not revoke the defendant's community supervision unless the judge first considers whether to modify the defendant's community supervision to require the defendant to resume alcohol or substance abuse counseling or treatment. The judge shall modify the defendant's community supervision as described by this subsection if in the judge's opinion the modification would serve the best interest of society and the defendant. SECTION 2. The change in law made 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 3. This Act takes effect September 1, 2021.