Tex. Code of Crim. Proc. Article 42A.756
Due Diligence Defense


For the purposes of a hearing under Article 42A.751 (Violation of Conditions of Community Supervision; Detention and Hearing)(d), it is an affirmative defense to revocation for an alleged violation based on a failure to report to a supervision officer as directed or to remain within a specified place that no supervision officer, peace officer, or other officer with the power of arrest under a warrant issued by a judge for that alleged violation contacted or attempted to contact the defendant in person at the defendant’s last known residence address or last known employment address, as reflected in the files of the department serving the county in which the order of community supervision was entered.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.008, eff. September 1, 2019.
Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR CERTAIN SEX OFFENDERS.

(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 (Indecency with a Child), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), 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.

(b)

At a hearing at which the defendant is provided the same rights as are provided to a defendant at a hearing under Article 42A.751 (Violation of Conditions of Community Supervision; Detention and Hearing)(d), the judge may extend the defendant’s supervision period for a period not to exceed 10 additional years if the judge determines that:

(1)

the defendant has not sufficiently demonstrated a commitment to avoid future criminal behavior; and

(2)

the release of the defendant from supervision would endanger the public.

(c)

A judge may extend a period of community supervision under this article only once.

(d)

A judge may extend a period of community supervision for a defendant under both Article 42A.752 (Continuation or Modification of Community Supervision After Violation)(a)(2) and this article.

(e)

The prohibition in Article 42A.753 (Extension of Community Supervision After Violation)(a) against a period of community supervision in a felony case exceeding 10 years does not apply to a defendant for whom community supervision is increased under this article or under both Article 42A.752 (Continuation or Modification of Community Supervision After Violation)(a)(2) and this article.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.009, eff. September 1, 2019.

Source: Article 42A.756 — Due Diligence Defense, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42A.­htm#42A.­756 (accessed Dec. 2, 2023).

42A.001
Definitions
42A.002
Reference in Law
42A.051
Authority to Grant Community Supervision, Impose or Modify Conditions, or Discharge Defendant
42A.052
Modification of Conditions by Supervision Officer or Magistrate
42A.054
Limitation on Judge-ordered Community Supervision
42A.055
Jury-recommended Community Supervision
42A.056
Limitation on Jury-recommended Community Supervision
42A.057
Minimum Period of Community Supervision for Certain Burglaries of Vehicles
42A.058
Information Provided to Defendant Placed on Community Supervision
42A.102
Eligibility for Deferred Adjudication Community Supervision
42A.105
Affirmative Findings
42A.107
Request for Final Adjudication
42A.109
Due Diligence Defense
42A.110
Proceedings After Adjudication
42A.151
Transfer of Jurisdiction
42A.152
Issuance of Warrant by Court Having Geographical Jurisdiction
42A.153
Change of Residence Within the State
42A.154
Leaving the State
42A.201
Continuing Jurisdiction in Misdemeanor Cases
42A.202
Continuing Jurisdiction in Felony Cases
42A.203
Authority to Suspend Execution of Sentence in Felony Cases
42A.204
Partial Execution of Sentence: Firearm Used or Exhibited
42A.251
Definitions
42A.252
Presentence Report Required
42A.253
Contents of Presentence Report
42A.254
Inspection by Judge
42A.255
Inspection and Comment by Defendant
42A.256
Release of Information to Supervision Officer
42A.257
Evaluation for Purposes of Alcohol or Drug Rehabilitation
42A.258
Evaluation for Purposes of Sex Offender Treatment, Specialized Supervision, or Rehabilitation
42A.259
Postsentence Report
42A.301
Basic Discretionary Conditions
42A.302
Confinement
42A.303
Substance Abuse Felony Program
42A.304
Community Service
42A.305
Community Outreach
42A.306
Supervision of Defendant from out of State
42A.307
Orchiectomy Prohibited
42A.351
Educational Skill Level
42A.352
Dna Sample
42A.381
Veterans Reemployment Program
42A.382
Eligibility
42A.383
Education and Training Courses
42A.384
Completion of Program
42A.385
Extended Period Allowed for Completion of Program
42A.386
Failure to Complete Program
42A.401
Confinement as Condition of Community Supervision for Certain Intoxication Offenses
42A.402
Drug or Alcohol Dependence Evaluation and Rehabilitation
42A.404
Educational Program for Certain Repeat Intoxication Offenses
42A.406
Effect of Educational Program Requirements on Driving Record and License
42A.407
Suspension of Driver’s License
42A.408
Use of Ignition Interlock Device
42A.409
Community Supervision for Enhanced Public Intoxication Offense
42A.451
Sex Offender Registration
42A.452
Treatment, Specialized Supervision, or Rehabilitation
42A.453
Child Safety Zone
42A.454
Certain Internet Activity Prohibited
42A.455
Payment to Children’s Advocacy Center
42A.501
Community Supervision for Offense Committed Because of Bias or Prejudice
42A.502
Community Supervision for Certain Violent Offenses
42A.503
Community Supervision for Certain Child Abuse Offenses
42A.504
Community Supervision for Certain Offenses Involving Family Violence
42A.505
Community Supervision for Stalking Offense
42A.506
Community Supervision for Defendant with Mental Impairment
42A.507
Community Supervision for Certain Defendants Identified as Members of Criminal Street Gangs
42A.508
Community Supervision for Certain Organized Crime Offenses
42A.509
Community Supervision for Graffiti Offense
42A.510
Community Supervision for Enhanced Disorderly Conduct Offense
42A.512
Community Supervision for Electronic Transmission of Certain Visual Material
42A.513
Community Supervision for Making Firearm Accessible to Child
42A.514
Community Supervision for Certain Alcohol or Drug Related Offenses
42A.515
Community Supervision for Certain Prostitution Offenses
42A.516
Community Supervision for Leaving Scene of Motor Vehicle Collision Resulting in Death of Person
42A.517
Community Supervision for Certain Offenses Involving Obstruction of Highway or Other Passageway
42A.551
Placement on Community Supervision
42A.552
Review of Presentence Report
42A.553
Minimum and Maximum Periods of Community Supervision
42A.554
Conditions of Community Supervision
42A.555
Confinement as a Condition of Community Supervision
42A.556
Sanctions Imposed on Modification of Community Supervision
42A.557
Report by Director of Facility
42A.558
Revocation
42A.559
Credits for Time Served
42A.560
Medical Release
42A.561
Medical Release
42A.601
Definition
42A.602
Maximum Term or Terms of Confinement
42A.603
Effect of Revocation on Credit for Time Spent in Facility
42A.604
Evaluation of Defendant’s Behavior and Attitude
42A.605
Placement in Community Service Project
42A.606
Confinement Required
42A.607
Disposition of Salary
42A.652
Monthly Reimbursement Fee
42A.653
Additional Monthly Fine for Certain Sex Offenders
42A.654
Fees Due on Conviction
42A.655
Ability to Pay
42A.701
Reduction or Termination of Community Supervision Period
42A.751
Violation of Conditions of Community Supervision
42A.752
Continuation or Modification of Community Supervision After Violation
42A.753
Extension of Community Supervision After Violation
42A.754
Authority to Revoke Community Supervision
42A.755
Revocation of Community Supervision
42A.756
Due Diligence Defense
42A.4045
Alternative to Educational Program: Substance Abuse Treatment Facility

Accessed:
Dec. 2, 2023

Art. 42A.756’s source at texas​.gov