83R23804 PEP-F
By: White H.B. No. 2736
Substitute the following for H.B. No. 2736:
By: Herrero C.S.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, except
that the judge may extend the term in accordance with Subsection (b)
or Section 22(c). Not later than the 10th day before the date on
which a defendant serving a term of confinement in a state jail
felony facility completes one-half of the sentence imposed, the
Texas Department of Criminal Justice shall notify the judge of the
date on which one-half of the sentence is complete. On receipt of
the notice, the judge shall promptly notify the attorney
representing the state and the defendant or the defendant's counsel
and shall hold a hearing for the limited purpose of establishing the
conditions of community supervision appropriate for the defendant.
This subdivision does not apply if the offense for which the
defendant was originally sentenced was an offense:
(A) under Section 39.04(a)(2), Section 49.045,
or Title 5, Penal Code;
(B) under Article 62.102; or
(C) involving family violence, as defined by
Section 71.004, Family Code.
SECTION 2. Chapter 509, Government Code, is amended by
adding Section 509.017 to read as follows:
Sec. 509.017. SPECIAL ALLOCATION FOR CERTAIN DEFENDANTS
PLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION. Notwithstanding
any other provision of this chapter, the Texas Department of
Criminal Justice shall adopt policies and procedures to:
(1) determine the cost savings to the Texas Department
of Criminal Justice realized through the release of defendants on
community supervision under Section 15(f)(2-a), Article 42.12,
Code of Criminal Procedure; and
(2) provide 10 percent of that cost savings to the
division to be allocated to individual departments and used for the
same purpose that state aid is used under Section 509.011.
SECTION 3. The change in law made by this Act to Section
15(f), Article 42.12, Code of Criminal Procedure, 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 4. 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.