Texas statute
Tex. Code Crim. Proc. art. 42A.108 — Violation of condition of deferred adjudication community supervision; hearing
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 42A: COMMUNITY SUPERVISION, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 42A.108
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
This reference is informational and is not legal advice.