Tex. Code of Criminal Procedure § 42A.052
This is the official text of Tex. Code of Criminal Procedure § 42A.052, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 42A.052. MODIFICATION OF CONDITIONS BY SUPERVISION OFFICER OR MAGISTRATE.
Official statutory text
(a) A judge who places a defendant on community supervision may authorize the supervision officer supervising the defendant or a magistrate appointed by the district courts in the county that give preference to criminal cases to modify the conditions of community supervision for the limited purposes of:
(1) transferring the defendant to different programs within the community supervision continuum of programs and sanctions; or
(2) prioritizing the conditions ordered by the court according to the defendant's progress under supervision.
(b) A supervision officer or magistrate who modifies the conditions of community supervision shall:
(1) deliver a copy of the modified conditions to the defendant;
(2) file a copy of the modified conditions with the sentencing court; and
(3) note the date of delivery of the copy in the defendant's file.
(c) If the defendant agrees to the modification in writing, the officer or magistrate shall file a copy of the modified conditions with the district clerk and the conditions shall be enforced as modified. If the defendant does not agree to the modification in writing, the supervision officer or magistrate shall refer the case to the judge for modification in the manner provided by Article 42A.752.
(1) transferring the defendant to different programs within the community supervision continuum of programs and sanctions; or
(2) prioritizing the conditions ordered by the court according to the defendant's progress under supervision.
(b) A supervision officer or magistrate who modifies the conditions of community supervision shall:
(1) deliver a copy of the modified conditions to the defendant;
(2) file a copy of the modified conditions with the sentencing court; and
(3) note the date of delivery of the copy in the defendant's file.
(c) If the defendant agrees to the modification in writing, the officer or magistrate shall file a copy of the modified conditions with the district clerk and the conditions shall be enforced as modified. If the defendant does not agree to the modification in writing, the supervision officer or magistrate shall refer the case to the judge for modification in the manner provided by Article 42A.752.
Status: in_force · Read it on the official government site
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