Amends TCA Title 40, Chapter 35.
When a trial court is considering whether to revoke a defendant's probation and suspended sentence, the trial judge may enter judgment upon the question of the charges as the trial judge deems right and proper under the evidence adduced before the trial judge. This bill adds that, if the trial judge finds by a preponderance of the evidence that the defendant violated the conditions of probation and suspension of sentence, then the court will be authorized to revoke the defendant's probation and suspension of sentence. This bill further authorizes the court to sentence the defendant to a sentence of probation for the remainder of the unexpired term. Present law prohibits the trial judge from revoking probation based upon one instance of technical violation or violations. Present law defines "technical violation" to mean an act that violates the terms or conditions of probation but does not constitute a new felony, new Class A misdemeanor, zero tolerance violation as defined by the department of correction community supervision sanction matrix, or absconding. If the trial judge revokes a defendant's probation and suspension of sentence after finding, by a preponderance of the evidence, that the defendant engaged in conduct that is a second or subsequent instance of a technical violation, then present law authorizes the trial judge to temporarily revoke the probation and suspension of sentence. This bill changes present law by making such provisions applicable only to cases where the defendant was placed on probation for a felony offense. ON APRIL 27, 2022, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 2118, AS AMENDED. AMENDMENT #2 adds "contacting the defendant's victim in violation of a condition of probation or parole" as an act that may result in revocation of probation or parole.
When a trial court is considering whether to revoke a defendant's probation and suspended sentence, the trial judge may enter judgment upon the question of the charges as the trial judge deems right and proper under the evidence adduced before the trial judge. This bill adds that, if the trial judge finds by a preponderance of the evidence that the defendant violated the conditions of probation and suspension of sentence, then the court will be authorized to revoke the defendant's probation and suspension of sentence. This bill further authorizes the court to sentence the defendant to a sentence of probation for the remainder of the unexpired term. Present law prohibits the trial judge from revoking probation based upon one instance of technical violation or violations. Present law defines "technical violation" to mean an act that violates the terms or conditions of probation but does not constitute a new felony, new Class A misdemeanor, zero tolerance violation as defined by the department of correction community supervision sanction matrix, or absconding. If the trial judge revokes a defendant's probation and suspension of sentence after finding, by a preponderance of the evidence, that the defendant engaged in conduct that is a second or subsequent instance of a technical violation, then present law authorizes the trial judge to temporarily revoke the probation and suspension of sentence. This bill changes present law by making such provisions applicable only to cases where the defendant was placed on probation for a felony offense. ON APRIL 27, 2022, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 2118, AS AMENDED. AMENDMENT #2 adds "contacting the defendant's victim in violation of a condition of probation or parole" as an act that may result in revocation of probation or parole.
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