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2023 Texas Statutes
Code of Criminal Procedure
Title 1 - Code of Criminal Procedure
Chapter 42A - Community Supervision
Subchapter C. Deferred Adjudication Community Supervision
Article 42A.109. Due Diligence Defense
Universal Citation:
TX Code Crim Pro art 42A.109 (2023)
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For the purposes of a hearing under Article 42A.108, 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 deferred adjudication community supervision was entered.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
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