Texas 2013 83rd Regular

Texas House Bill HB2736 Introduced / Bill

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                    83R8015 PEP-F
 By: White H.B. No. 2736


 A BILL TO BE ENTITLED
 AN ACT
 relating to the placement on community supervision of certain
 defendants convicted of a state jail felony.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 15(f), Article 42.12, Code of Criminal
 Procedure, is amended by amending Subdivision (1) and adding
 Subdivision (2-a) to read as follows:
 (1)  If a defendant violates a condition of community
 supervision imposed on the defendant under this article and after a
 hearing under Section 21 [of this article] the judge revokes the
 defendant's community supervision, the judge shall dispose of the
 case in the manner provided by Section 23 [of this article]. If the
 defendant violates a condition of community supervision following
 placement on community supervision under Subdivision (2-a), the
 judge shall order that all time credits previously earned by the
 defendant under Subsection (h)(6) be forfeited and shall require
 the defendant to serve the remainder of the original sentence
 imposed.
 (2-a) A judge who orders a sentence to be executed
 under Subsection (a)(2) shall on the defendant's completion of
 one-half of the sentence imposed, including time credits earned
 under Subsection (h)(6), suspend the further execution of the
 sentence and place the defendant on community supervision, unless
 the execution of the sentence resulted from an adjudication of the
 guilt of a defendant previously placed on deferred adjudication
 community supervision for the offense. A term of community
 supervision under this subdivision may not exceed two years.
 SECTION 2.  The change in law made by this Act applies only
 to a defendant who is convicted of an offense on or after the
 effective date of this Act. A defendant who is convicted of an
 offense before the effective date of this Act is governed by the law
 in effect at the time of the conviction, and the former law is
 continued in effect for that purpose.
 SECTION 3.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2013.