Tex. Code Crim. Proc. art. 42A.108 · Subchapter C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
VIOLATION OF CONDITION OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION; HEARING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On violation of a condition of deferred adjudication community supervision imposed under Article 42A.104, the defendant may be arrested and detained as provided in Article 42A.751.
(b) The defendant is entitled to a hearing limited to a determination by the court of whether the court will proceed with an adjudication of guilt on the original charge. The court may not proceed with an adjudication of guilt on the original charge if the court finds that the only evidence supporting the alleged violation of a condition of deferred adjudication community supervision is the uncorroborated results of a polygraph examination. The determination to proceed with an adjudication of guilt on the original charge is reviewable in the same manner as a revocation hearing conducted under Article 42A.751(d) in a case in which the adjudication of guilt was not deferred.
(c) A court retains jurisdiction to hold a hearing under Subsection (b) and to proceed with an adjudication of guilt, regardless of whether the period of deferred adjudication community supervision imposed on the defendant has expired, if before the expiration of the supervision period:
(1) the attorney representing the state files a motion to proceed with the adjudication; and
(2) a capias is issued for the arrest of the defendant.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm
- Text hash
- sha256 b6e261db9e39c17aaddb18e238ec000fbbe1b05ff69fa93d076339982750b56b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Code of Criminal Procedure
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