I'm just running this past the Collective to check my reasoning . . .

Absconder disappears in 1999, MTR and capias issue at that time. Period of supervision ends without arrest in 2002. Absconder arrested out of state in 2014. As much as I hate to reward an absconder, it seems like the common law defense would apply instead of the limited affirmative defense amended in 2003.

Is this right???

It gives me great pleasure to inform you that the changes wrought by HB 1634 in 2003 apply retroactively, as it were, thanks to this transition language in the bill:

quote:

SECTION 4. The change in law made by this Act applies to a hearing under Article 42.12, Code of Criminal Procedure, as amended by this Act, that commences on or after the effective date of this Act, regardless of whether the defendant was placed on community supervision before, on, or after the effective date of this Act.

FYI, the effective date was June 18, 2003.

oh boy! that's good news. i never would have thought to look at the language of the original bill for a transition clause.

i also see Reynolds v State, 423 sw3d 377 from this year that will help me convince my judge that uncodified transition clauses like this actually mean something.

THANKS!!