1 | 1 | | H.B. No. 3671 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the documents that are required for the transfer of a |
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6 | 6 | | defendant from a county to the Texas Department of Criminal |
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7 | 7 | | Justice. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 8(a), Article 42.09, Code of Criminal |
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10 | 10 | | Procedure, is amended to read as follows: |
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11 | 11 | | (a) A county that transfers a defendant to the Texas |
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12 | 12 | | Department of Criminal Justice under this article shall deliver to |
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13 | 13 | | an officer designated by the department: |
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14 | 14 | | (1) a copy of the judgment entered pursuant to Article |
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15 | 15 | | 42.01 [of this code], completed on a standardized felony judgment |
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16 | 16 | | form described by Section 4 of that article; |
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17 | 17 | | (2) a copy of any order revoking community supervision |
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18 | 18 | | and imposing sentence pursuant to Section 23, Article 42.12[, of |
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19 | 19 | | this code], including: |
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20 | 20 | | (A) any amounts owed for restitution, fines, and |
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21 | 21 | | court costs, completed on a standardized felony judgment form |
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22 | 22 | | described by Section 4, Article 42.01[, of this code]; and |
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23 | 23 | | (B) a copy of the client supervision plan |
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24 | 24 | | prepared for the defendant by the community supervision and |
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25 | 25 | | corrections department supervising the defendant, if such a plan |
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26 | 26 | | was prepared; |
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27 | 27 | | (3) a written report that states the nature and the |
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28 | 28 | | seriousness of each offense and that states the citation to the |
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29 | 29 | | provision or provisions of the Penal Code or other law under which |
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30 | 30 | | the defendant was convicted; |
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31 | 31 | | (4) a copy of the victim impact statement, if one has |
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32 | 32 | | been prepared in the case under Article 56.03 [of this code]; |
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33 | 33 | | (5) a statement as to whether there was a change in |
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34 | 34 | | venue in the case and, if so, the names of the county prosecuting |
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35 | 35 | | the offense and the county in which the case was tried; |
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36 | 36 | | (6) [a copy of the record of arrest for each offense; |
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37 | 37 | | [(7)] if requested, information regarding the |
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38 | 38 | | criminal history of the defendant, including the defendant's state |
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39 | 39 | | identification number if the number has been issued; |
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40 | 40 | | (7) [(8)] a copy of the indictment or information for |
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41 | 41 | | each offense; |
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42 | 42 | | (8) [(9)] a checklist sent by the department to the |
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43 | 43 | | county and completed by the county in a manner indicating that the |
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44 | 44 | | documents required by this subsection and Subsection (c) [of this |
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45 | 45 | | section] accompany the defendant; |
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46 | 46 | | (9) [(10)] if prepared, a copy of a presentence or |
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47 | 47 | | postsentence investigation report prepared under Section 9, |
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48 | 48 | | Article 42.12 [of this code]; |
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49 | 49 | | (10) [(11)] a copy of any detainer, issued by an |
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50 | 50 | | agency of the federal government, that is in the possession of the |
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51 | 51 | | county and that has been placed on the defendant; |
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52 | 52 | | (11) [(12)] if prepared, a copy of the defendant's |
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53 | 53 | | Texas Uniform Health Status Update Form; and |
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54 | 54 | | (12) [(13)] a written description of a hold or |
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55 | 55 | | warrant, issued by any other jurisdiction, that the county is aware |
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56 | 56 | | of and that has been placed on or issued for the defendant. |
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57 | 57 | | SECTION 2. This Act takes effect September 1, 2009. |
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58 | 58 | | ______________________________ ______________________________ |
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59 | 59 | | President of the Senate Speaker of the House |
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60 | 60 | | I certify that H.B. No. 3671 was passed by the House on May 6, |
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61 | 61 | | 2009, by the following vote: Yeas 145, Nays 0, 2 present, not |
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62 | 62 | | voting. |
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63 | 63 | | ______________________________ |
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64 | 64 | | Chief Clerk of the House |
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65 | 65 | | I certify that H.B. No. 3671 was passed by the Senate on May |
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66 | 66 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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67 | 67 | | ______________________________ |
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68 | 68 | | Secretary of the Senate |
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69 | 69 | | APPROVED: _____________________ |
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70 | 70 | | Date |
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71 | 71 | | _____________________ |
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72 | 72 | | Governor |
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