Senate Bill 1214c1
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Florida Senate - 1998 CS for SB 1214
By the Committee on Criminal Justice and Senator Crist
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1 A bill to be entitled
2 An act relating to offenders under correctional
3 supervision; amending s. 947.1405, F.S.,
4 relating to conditional release; providing that
5 a conditional releasee must submit to searches
6 of his or her person, property, or residence as
7 requested by a correctional probation officer;
8 reenacting s. 775.084(4)(i), F.S., relating to
9 habitual felony offenders and habitual violent
10 felony offenders, to incorporate such amendment
11 in a reference; amending s. 947.18, F.S.,
12 relating to conditions of parole; providing
13 that a parolee must submit to searches of his
14 or her person, property, or residence as
15 requested by a correctional probation officer;
16 amending s. 947.22, F.S.; providing for
17 issuance of arrest warrant for a parole
18 violator by a correctional probation officer,
19 under specified circumstances; authorizing a
20 correctional probation officer to arrest
21 without warrant a parolee, control releasee, or
22 conditional releasee, or to search or request
23 search by a law enforcement officer of the
24 parolee or releasee's person, property, or
25 residence, under specified circumstances if
26 there are reasonable grounds to believe a
27 violation has occurred or if there are
28 reasonable grounds to believe the parolee or
29 releasee possesses prohibited items; providing
30 that evidence is admissible at a hearing for
31 violation of supervision even if no reasonable
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1 ground for seizure exists; amending s. 948.03,
2 F.S., relating to probation and community
3 control; requiring a probationer or community
4 controllee on supervision to submit to certain
5 searches of his or her person, property, or
6 residence; prohibiting a probationer or
7 community controllee from having "contact," as
8 defined, with the victim unless authorized by
9 the court; reenacting s. 947.23(6), F.S.,
10 relating to action of Parole Commission upon
11 arrest of parolee, s. 948.001(5), F.S.,
12 relating to definition of "probation" with
13 respect to chapter 948, F.S., and s. 958.03(4),
14 F.S., relating to definition of "probation"
15 with respect to specified provisions in chapter
16 958, F.S., to incorporate such amendment in
17 references; amending s. 948.06, F.S., relating
18 to violations of probation or community
19 control; authorizing law enforcement officers
20 and probation or community control officers to
21 search without a warrant, or request law
22 enforcement officers to search without a
23 warrant, the person, property, or residence of
24 any of specified offenders under certain
25 circumstances; prohibiting the exclusion or
26 suppression of evidence from trials for
27 subsequent offenses by offenders on probation,
28 parole, conditional release, or community
29 control under certain circumstances when there
30 were "reasonable grounds," defined as the
31 reasonable suspicion standard, to believe that
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1 at the time of the search the offender violated
2 the law or the terms of supervision; providing
3 that evidence is admissible at a hearing for
4 violation of supervision even if no reasonable
5 ground for seizure exists; prohibiting the
6 exclusion or suppression of evidence from
7 hearings for violation of supervision of
8 offenders on probation, parole, conditional
9 release, or community control; reenacting s.
10 948.01(9), (11)(b), and (13)(b), F.S., relating
11 to circumstances in which a court may place a
12 defendant on probation or into community
13 control, and s. 958.14, F.S., relating to
14 violation of probation or of a community
15 control program, to incorporate such amendment
16 in references; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (2) of section 947.1405, Florida
21 Statutes, is amended to read:
22 947.1405 Conditional release program.--
23 (2) Any inmate who:
24 (a) Is convicted of a crime committed on or after
25 October 1, 1988, and before January 1, 1994, and any inmate
26 who is convicted of a crime committed on or after January 1,
27 1994, which crime is or was contained in category 1, category
28 2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
29 Florida Rules of Criminal Procedure (1993), and who has served
30 at least one prior felony commitment at a state or federal
31 correctional institution;
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1 (b) Is sentenced as a habitual or violent habitual
2 offender or a violent career criminal pursuant to s. 775.084;
3 or
4 (c) Is found to be a sexual predator under s. 775.21
5 or former s. 775.23,
6
7 shall, upon reaching the tentative release date or provisional
8 release date, whichever is earlier, as established by the
9 Department of Corrections, be released under supervision
10 subject to specified terms and conditions, including payment
11 of the cost of supervision pursuant to s. 948.09. Such
12 supervision shall be applicable to all sentences within the
13 overall term of sentences if an inmate's overall term of
14 sentences includes one or more sentences that are eligible for
15 conditional release supervision as provided herein. Effective
16 July 1, 1994, and applicable for offenses committed on or
17 after that date, the commission may require, as a condition of
18 conditional release, that the releasee make payment of the
19 debt due and owing to a county or municipal detention facility
20 under s. 951.032 for medical care, treatment, hospitalization,
21 or transportation received by the releasee while in that
22 detention facility. The commission, in determining whether to
23 order such repayment and the amount of such repayment, shall
24 consider the amount of the debt, whether there was any fault
25 of the institution for the medical expenses incurred, the
26 financial resources of the releasee, the present and potential
27 future financial needs and earning ability of the releasee,
28 and dependents, and other appropriate factors. If an inmate
29 has received a term of probation or community control
30 supervision to be served after release from incarceration, the
31 period of probation or community control must be substituted
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1 for the conditional release supervision. A panel of no fewer
2 than two commissioners shall establish the terms and
3 conditions of any such release. If the offense was a
4 controlled substance violation, the conditions shall include a
5 requirement that the offender submit to random substance abuse
6 testing intermittently throughout the term of conditional
7 release supervision, upon the direction of the correctional
8 probation officer as defined in s. 943.10(3). Regardless of
9 the offense, the offender must consent to a search of his or
10 her person, property, or residence as requested by the
11 correctional probation officer. The commission shall also
12 determine whether the terms and conditions of such release
13 have been violated and whether such violation warrants
14 revocation of the conditional release.
15 Section 2. For the purpose of incorporating the
16 amendment to section 947.1405, Florida Statutes, in a
17 reference thereto, paragraph (i) of subsection (4) of section
18 775.084, Florida Statutes, is reenacted to read:
19 775.084 Violent career criminals; habitual felony
20 offenders and habitual violent felony offenders; definitions;
21 procedure; enhanced penalties.--
22 (4)
23 (i) The provisions of s. 947.1405 shall apply to
24 persons sentenced as habitual felony offenders and persons
25 sentenced as habitual violent felony offenders.
26 Section 3. Section 947.18, Florida Statutes, is
27 amended to read:
28 947.18 Conditions of parole.--No person shall be
29 placed on parole merely as a reward for good conduct or
30 efficient performance of duties assigned in prison. No person
31 shall be placed on parole until and unless the commission
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1 finds that there is reasonable probability that, if the person
2 is placed on parole, he or she will live and conduct himself
3 or herself as a respectable and law-abiding person and that
4 the person's release will be compatible with his or her own
5 welfare and the welfare of society. No person shall be placed
6 on parole unless and until the commission is satisfied that he
7 or she will be suitably employed in self-sustaining employment
8 or that he or she will not become a public charge. The
9 commission shall determine the terms upon which such person
10 shall be granted parole. If the person's conviction was for a
11 controlled substance violation, one of the conditions must be
12 that the person submit to random substance abuse testing
13 intermittently throughout the term of supervision, upon the
14 direction of the correctional probation officer as defined in
15 s. 943.10(3). Regardless of the offense, the offender must
16 consent to a search of his or her person, property, or
17 residence as requested by the correctional probation officer.
18 In addition to any other lawful condition of parole, the
19 commission may make the payment of the debt due and owing to
20 the state under s. 960.17 or the payment of the attorney's
21 fees and costs due and owing to a county under s. 938.29 a
22 condition of parole subject to modification based on change of
23 circumstances.
24 Section 4. Section 947.22, Florida Statutes, is
25 amended to read:
26 947.22 Authority to arrest and search parole violators
27 with or without warrant.--
28 (1) If a member of the commission or a duly authorized
29 representative of the commission has reasonable grounds to
30 believe that a parolee has violated the terms and conditions
31 of her or his parole in a material respect, such member or
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1 representative may issue a warrant for the arrest of such
2 parolee. The warrant shall be returnable before a member of
3 the commission or a duly authorized representative of the
4 commission. The commission, a commissioner, or a parole
5 examiner with approval of the parole examiner supervisor, may
6 release the parolee on bail or her or his own recognizance,
7 conditioned upon her or his appearance at any hearings noticed
8 by the commission. If not released on bail or her or his own
9 recognizance, the parolee shall be committed to jail pending
10 hearings pursuant to s. 947.23. The commission, at its
11 election, may have the hearing conducted by one or more
12 commissioners or by a duly authorized representative of the
13 commission. Any correctional probation officer parole and
14 probation officer, any officer authorized to serve criminal
15 process, or any peace officer of this state is authorized to
16 execute the warrant.
17 (2) Any correctional probation officer parole and
18 probation officer, when she or he has reasonable ground to
19 believe that a parolee, control releasee, or conditional
20 releasee has violated the terms and conditions of her or his
21 parole, control release, or conditional release in a material
22 respect, has the right to arrest the releasee or parolee
23 without warrant and bring her or him forthwith before one or
24 more commissioners or a duly authorized representative of the
25 Parole Commission or Control Release Authority; and
26 proceedings shall thereupon be had as provided herein when a
27 warrant has been issued by a member of the commission or
28 authority or a duly authorized representative of the
29 commission or authority. When any correctional probation
30 officer has reasonable grounds to believe that a parolee,
31 control releasee, or conditional releasee has violated the
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1 terms and conditions of her or his parole, control release, or
2 conditional release in a material respect or is in possession
3 of contraband or other items that the person is prohibited
4 from possessing, the correctional probation officer may search
5 the person, property, or residence of the parolee or releasee
6 or request a law enforcement officer to do the same. However,
7 if a correctional probation officer conducts a search without
8 reasonable grounds, the evidence seized may be admitted only
9 at a hearing for a violation of supervision.
10 Section 5. Subsection (1) of section 948.03, Florida
11 Statutes, is amended to read:
12 948.03 Terms and conditions of probation or community
13 control.--
14 (1) The court shall determine the terms and conditions
15 of probation or community control. Conditions specified in
16 paragraphs (a) through and including (o) (m) do not require
17 oral pronouncement at the time of sentencing and may be
18 considered standard conditions of probation. Conditions
19 specified in paragraphs (a) through and including (o) (m) and
20 (2)(a) do not require oral pronouncement at sentencing and may
21 be considered standard conditions of community control. These
22 conditions may include among them the following, that the
23 probationer or offender in community control shall:
24 (a) Report to the probation and parole supervisors as
25 directed.
26 (b) Permit such supervisors to visit him or her at his
27 or her home or elsewhere.
28 (c) Work faithfully at suitable employment insofar as
29 may be possible.
30 (d) Remain within a specified place.
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1 (e) Make reparation or restitution to the aggrieved
2 party for the damage or loss caused by his or her offense in
3 an amount to be determined by the court. The court shall make
4 such reparation or restitution a condition of probation,
5 unless it determines that clear and compelling reasons exist
6 to the contrary. If the court does not order restitution, or
7 orders restitution of only a portion of the damages, as
8 provided in s. 775.089, it shall state on the record in detail
9 the reasons therefor.
10 (f) Effective July 1, 1994, and applicable for
11 offenses committed on or after that date, make payment of the
12 debt due and owing to a county or municipal detention facility
13 under s. 951.032 for medical care, treatment, hospitalization,
14 or transportation received by the felony probationer while in
15 that detention facility. The court, in determining whether to
16 order such repayment and the amount of such repayment, shall
17 consider the amount of the debt, whether there was any fault
18 of the institution for the medical expenses incurred, the
19 financial resources of the felony probationer, the present and
20 potential future financial needs and earning ability of the
21 probationer, and dependents, and other appropriate factors.
22 (g) Support his or her legal dependents to the best of
23 his or her ability.
24 (h) Make payment of the debt due and owing to the
25 state under s. 960.17, subject to modification based on change
26 of circumstances.
27 (i) Pay any application fee assessed under s.
28 27.52(1)(c) and attorney's fees and costs assessed under s.
29 938.29, subject to modification based on change of
30 circumstances.
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1 (j) Not associate with persons engaged in criminal
2 activities.
3 (k)1. Submit to random testing as directed by the
4 correctional probation officer or the professional staff of
5 the treatment center where he or she is receiving treatment to
6 determine the presence or use of alcohol or controlled
7 substances.
8 2. If the offense was a controlled substance violation
9 and the period of probation immediately follows a period of
10 incarceration in the state correction system, the conditions
11 shall include a requirement that the offender submit to random
12 substance abuse testing intermittently throughout the term of
13 supervision, upon the direction of the correctional probation
14 officer as defined in s. 943.10(3).
15 (l) Be prohibited from possessing, carrying, or owning
16 any firearm unless authorized by the court and consented to by
17 the probation officer.
18 (m) Be prohibited from using intoxicants to excess or
19 possessing any drugs or narcotics unless prescribed by a
20 physician. The probationer or community controllee shall not
21 knowingly visit places where intoxicants, drugs, or other
22 dangerous substances are unlawfully sold, dispensed, or used.
23 (n) For offenses involving victims, not have contact
24 with the victim unless otherwise authorized by the court. If
25 the court authorizes the defendant to have contact with the
26 victim, over the objection of the victim or state attorney,
27 the court shall state on the record in detail the reasons
28 therefor. For purposes of this paragraph, "contact" means
29 willful and knowing intent to be physically in the presence of
30 the victim in any manner, or oral or written communication to
31 the victim by any means. Contact is established by the conduct
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1 of the defendant, or by anyone acting at the direction of the
2 defendant. It shall be the duty of the defendant to leave
3 immediately the presence of the victim under any circumstance
4 when incidental or unintended contact takes place.
5 (o) Consent to search of his or her person, property,
6 or residence as requested by the supervising probation or
7 community control officer. The offender must be given notice
8 of this paragraph by either the court or a probation or
9 community control officer in order for the offender to be
10 subject to this paragraph.
11 (p)(n) Attend an HIV/AIDS awareness program consisting
12 of a class of not less than 2 hours or more than 4 hours in
13 length, the cost for which shall be paid by the offender, if
14 such a program is available in the county of the offender's
15 residence.
16 (q)(o) Pay not more than $1 per month during the term
17 of probation or community control to a nonprofit organization
18 established for the sole purpose of supplementing the
19 rehabilitative efforts of the Department of Corrections.
20 Section 6. For the purpose of incorporating the
21 amendment to section 948.03, Florida Statutes, in references
22 thereto, subsection (6) of section 847.23, Florida Statutes,
23 is reenacted to read:
24 947.23 Action of commission upon arrest of parolee.--
25 (6) Within a reasonable time after the hearing, the
26 commissioner, commissioners, or duly authorized representative
27 of the commission who conducted the hearing shall make
28 findings of fact in regard to the alleged parole violation.
29 (a) If the hearing was conducted by three or more
30 commissioners, a majority of them shall enter an order
31 determining whether the charges of parole violation have been
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1 sustained, based on the findings of fact made by them. By
2 such order they shall revoke the parole and return the parolee
3 to prison to serve the sentence theretofore imposed upon her
4 or him, reinstate the original order of parole, order the
5 placement of the parolee into a community control program as
6 set forth in s. 948.03, or enter such other order as is
7 proper.
8 (b) If the hearing was conducted by one or two
9 commissioners or a duly authorized representative of the
10 commission, at least two commissioners shall enter an order
11 determining whether or not the charges of parole violation
12 have been sustained, based on the findings of fact made by the
13 commissioner, commissioners, or duly authorized representative
14 of the commission. The commissioners, by such order, shall
15 revoke the parole and return the parolee to prison to serve
16 the sentence theretofore imposed upon her or him, reinstate
17 the original order of parole, order the placement of the
18 parolee into a community control program as set forth in s.
19 948.03, or enter such other order as is proper.
20 (c) If the disposition after the revocation hearing is
21 to place the parolee into a community control program, the
22 commission shall be guided by the procedures and requirements
23 provided in chapter 948 which apply to the courts regarding
24 the development and implementation of community control.
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26 However, any decision to revoke parole shall be based on a
27 violation of a term or condition specifically enumerated in
28 the parole release order. In a case in which parole is
29 revoked, the majority of the commission or the two
30 commissioners shall make a written statement of the evidence
31 relied on and the reasons for revoking parole.
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1 Section 7. For the purpose of incorporating the
2 amendment to section 948.03, Florida Statutes, in references
3 thereto, subsection (5) of section 948.001, Florida Statutes,
4 is reenacted to read:
5 948.001 Definitions.--As used in this chapter, the
6 term:
7 (5) "Probation" means a form of community supervision
8 requiring specified contacts with parole and probation
9 officers and other terms and conditions as provided in s.
10 948.03.
11 Section 8. For the purpose of incorporating the
12 amendment to section 948.03, Florida Statutes, in references
13 thereto, subsection (4) of section 958.03, Florida Statutes,
14 is reenacted to read:
15 958.03 Definitions.--As used in this act:
16 (4) "Probation" means a form of community supervision
17 requiring specified contacts with parole and probation
18 officers and other terms and conditions as provided in s.
19 948.03.
20 Section 9. Subsection (1) of section 948.06, Florida
21 Statutes, is amended, and subsections (8) and (9) are added to
22 that section, to read:
23 948.06 Violation of probation or community control;
24 revocation; modification; continuance; failure to pay
25 restitution or cost of supervision.--
26 (1) Whenever within the period of probation or
27 community control there are reasonable grounds to believe that
28 a violation of probation or community control has occurred, or
29 there are reasonable grounds to believe that the person under
30 supervision is in possession of contraband or other items that
31 the person is prohibited from possessing, the person on
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1 probation or community control may be arrested without a
2 warrant or have his or her person, property, or residence
3 searched without a warrant by any of the following people:
4 (a) A probation officer who is aware that the person
5 is on probation;
6 (b) A community control officer who is aware that the
7 person is on community control; or
8 (c) A law enforcement officer who is requested by a
9 probation or community control officer who has knowledge that
10 the person is on probation or community control.
11
12 However, if a supervising officer conducts a search without
13 reasonable grounds, the evidence seized may be admitted only
14 at a hearing for violation of supervision. Whenever within the
15 period of probation or community control there are reasonable
16 grounds to believe that a probationer or offender in community
17 control has violated his or her probation or community control
18 in a material respect, any law enforcement officer who is
19 aware of the probationary or community control status of the
20 probationer or offender in community control or any parole or
21 probation supervisor may arrest or request any county or
22 municipal law enforcement officer to arrest such probationer
23 or offender without warrant wherever found and forthwith
24 return him or her to the court granting such probation or
25 community control. Any committing magistrate may issue a
26 warrant, upon the facts being made known to him or her by
27 affidavit of one having knowledge of such facts, for the
28 arrest of the probationer or offender, returnable forthwith
29 before the court granting such probation or community control.
30 Any parole or probation supervisor, any officer authorized to
31 serve criminal process, or any peace officer of this state is
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1 authorized to serve and execute such warrant. The court, upon
2 the probationer or offender being brought before it, shall
3 advise him or her of such charge of violation and, if such
4 charge is admitted to be true, may forthwith revoke, modify,
5 or continue the probation or community control or place the
6 probationer into a community control program. If probation or
7 community control is revoked, the court shall adjudge the
8 probationer or offender guilty of the offense charged and
9 proven or admitted, unless he or she has previously been
10 adjudged guilty, and impose any sentence which it might have
11 originally imposed before placing the probationer on probation
12 or the offender into community control. If such violation of
13 probation or community control is not admitted by the
14 probationer or offender, the court may commit him or her or
15 release him or her with or without bail to await further
16 hearing, or it may dismiss the charge of probation or
17 community control violation. If such charge is not at that
18 time admitted by the probationer or offender and if it is not
19 dismissed, the court, as soon as may be practicable, shall
20 give the probationer or offender an opportunity to be fully
21 heard on his or her behalf in person or by counsel. After such
22 hearing, the court may revoke, modify, or continue the
23 probation or community control or place the probationer into
24 community control. If such probation or community control is
25 revoked, the court shall adjudge the probationer or offender
26 guilty of the offense charged and proven or admitted, unless
27 he or she has previously been adjudged guilty, and impose any
28 sentence which it might have originally imposed before placing
29 the probationer or offender on probation or into community
30 control.
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1 (8) Evidence may not be excluded or suppressed from
2 the trial of a new substantive offense if:
3 (a) The defendant was on probation, parole,
4 conditional release, or community control at the time of the
5 offense; and
6 (b) The search was conducted when there were
7 reasonable grounds to believe that the defendant was in
8 violation of the law or in violation of the terms of
9 probation, parole, conditional release, or community control.
10
11 For the purposes of the search of a person on probation,
12 parole, conditional release, or community control, the term
13 "reasonable grounds" means that the reasonable suspicion
14 standard applies.
15 (9) Evidence may not be excluded or suppressed from a
16 hearing for a violation of probation, parole, conditional
17 release, or community control.
18 Section 10. For the purpose of incorporating the
19 amendments to section 948.06, Florida Statutes, in references
20 thereto, subsection (9), paragraph (b) of subsection (11), and
21 subsection (13) of section 948.01, Florida Statutes, are
22 reenacted to read:
23 948.01 When court may place defendant on probation or
24 into community control.--
25 (9) Procedures governing violations of community
26 control shall be the same as those described in s. 948.06 with
27 respect to probation.
28 (11) The court may also impose a split sentence
29 whereby the defendant is sentenced to a term of probation
30 which may be followed by a period of incarceration or, with
31 respect to a felony, into community control, as follows:
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1 (b) If the offender does not meet the terms and
2 conditions of probation or community control, the court may
3 revoke, modify, or continue the probation or community control
4 as provided in s. 948.06. If the probation or community
5 control is revoked, the court may impose any sentence that it
6 could have imposed at the time the offender was placed on
7 probation or community control. The court may not provide
8 credit for time served for any portion of a probation or
9 community control term toward a subsequent term of probation
10 or community control. However, the court may not impose a
11 subsequent term of probation or community control which, when
12 combined with any amount of time served on preceding terms of
13 probation or community control for offenses pending before the
14 court for sentencing, would exceed the maximum penalty
15 allowable as provided in s. 775.082. Such term of
16 incarceration shall be served under applicable law or county
17 ordinance governing service of sentences in state or county
18 jurisdiction. This paragraph does not prohibit any other
19 sanction provided by law.
20 (13) If it appears to the court upon a hearing that
21 the defendant is a chronic substance abuser whose criminal
22 conduct is a violation of chapter 893, the court may either
23 adjudge the defendant guilty or stay and withhold the
24 adjudication of guilt; and, in either case, it may stay and
25 withhold the imposition of sentence and place the defendant on
26 drug offender probation.
27 (b) Offenders placed on drug offender probation are
28 subject to revocation of probation as provided in s. 948.06.
29 Section 11. For the purpose of incorporating the
30 amendments to section 948.06, Florida Statutes, in references
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1 thereto, section 958.14, Florida Statutes, is reenacted to
2 read:
3 958.14 Violation of probation or community control
4 program.--A violation or alleged violation of probation or the
5 terms of a community control program shall subject the
6 youthful offender to the provisions of s. 948.06(1). However,
7 no youthful offender shall be committed to the custody of the
8 department for a substantive violation for a period longer
9 than the maximum sentence for the offense for which he or she
10 was found guilty, with credit for time served while
11 incarcerated, or for a technical or nonsubstantive violation
12 for a period longer than 6 years or for a period longer than
13 the maximum sentence for the offense for which he or she was
14 found guilty, whichever is less, with credit for time served
15 while incarcerated.
16 Section 12. This act shall take effect July 1, 1998.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1214
3
4 . Deletes the "Whereas Clauses."
5 . Provides that offenders released to conditional release
supervision after prison and parolees must consent to a
6 search of his or her person, property, or residence as
requested by the correctional probation officer.
7
. Deletes language that would have created the condition of
8 random warrantless searches of a person, property, or
residence for offenders whose offenses involved a
9 controlled substance or use of a firearm.
10 . Rearranges and clarifies language pertaining to
violations of probation or community control pertaining
11 to searches without a warrant by a probation officer or
community control officer or a law enforcement officer
12 who is requested by a probation or community control
officer.
13
. Clarifies that a supervising officer who conducts a
14 warrantless search of an offender or offender's property
who is on supervision without "reasonable grounds" can
15 only use evidence seized from that search for a violation
of community supervision hearing only.
16
. Changes the circumstances in which evidence seized from a
17 warrantless search may not be excluded or suppressed from
a trial on a new substantive offense if the defendant was
18 on community supervision at the time the new offense was
committed and at the time the search was conducted there
19 were reasonable grounds to believe the defendant had
committed a crime or otherwise violated the terms of
20 supervision.
21 . Changes the language pertaining to evidence used in a
hearing for violation of community supervision by simply
22 not allowing the evidence obtained from a warrantless
search from being excluded or suppressed from all
23 hearings for a violation of probation, community control,
parole, or conditional release.
24
. Clarifies that the term "reasonable grounds" means that
25 the reasonable suspicion standard applies.
26
27
28
29
30
31
19