82R10477 KCR-D By: Allen H.B. No. 2649 A BILL TO BE ENTITLED AN ACT relating to the award of diligent participation credit to defendants confined in a state jail felony facility. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 15(h), Article 42.12, Code of Criminal Procedure, is amended by amending Subdivision (1) and adding Subdivision (4) to read as follows: (1) A defendant confined in a state jail felony facility does not earn good conduct time for time served in the facility but may be awarded diligent participation credit in accordance with Subdivision (4). (4) A judge may credit against any time a defendant is required to serve in a state jail felony facility an additional time for each day the defendant actually serves in the facility for the defendant's diligent participation in an industrial, work, agricultural, educational, or vocational program provided to defendants confined in the facility. A time credit under this subdivision may not exceed one-fifth of the amount of time the defendant is originally required to serve in the facility. A defendant may not be awarded a credit under this subdivision for any period during which the defendant is subject to disciplinary action. SECTION 2. The change in law made by this Act applies to a person confined in a state jail felony facility on or after the effective date of this Act, regardless of when the offense for which the person is serving a sentence was committed. SECTION 3. This Act takes effect September 1, 2011.