Texas Code of Criminal Procedure

Art. Art. 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

Last accessed
Jun. 7, 2021