Texas 2013 - 83rd Regular

Texas House Bill HB2736 Compare Versions

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Old	New	Differences
1	1	83R23804 PEP-F
2	2	By: White H.B. No. 2736
3	3	Substitute the following for H.B. No. 2736:
4	4	By: Herrero C.S.H.B. No. 2736
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the placement on community supervision of certain
10	10	defendants convicted of a state jail felony.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 15(f), Article 42.12, Code of Criminal
13	13	Procedure, is amended by amending Subdivision (1) and adding
14	14	Subdivision (2-a) to read as follows:
15	15	(1) If a defendant violates a condition of community
16	16	supervision imposed on the defendant under this article and after a
17	17	hearing under Section 21 [of this article] the judge revokes the
18	18	defendant's community supervision, the judge shall dispose of the
19	19	case in the manner provided by Section 23 [of this article]. If the
20	20	defendant violates a condition of community supervision following
21	21	placement on community supervision under Subdivision (2-a), the
22	22	judge shall order that all time credits previously earned by the
23	23	defendant under Subsection (h)(6) be forfeited and shall require
24	24	the defendant to serve the remainder of the original sentence
25	25	imposed.
26	26	(2-a) A judge who orders a sentence to be executed
27	27	under Subsection (a)(2) shall on the defendant's completion of
28	28	one-half of the sentence imposed, including time credits earned
29	29	under Subsection (h)(6), suspend the further execution of the
30	30	sentence and place the defendant on community supervision, unless
31	31	the execution of the sentence resulted from an adjudication of the
32	32	guilt of a defendant previously placed on deferred adjudication
33	33	community supervision for the offense. A term of community
34	34	supervision under this subdivision may not exceed two years, except
35	35	that the judge may extend the term in accordance with Subsection (b)
36	36	or Section 22(c). Not later than the 10th day before the date on
37	37	which a defendant serving a term of confinement in a state jail
38	38	felony facility completes one-half of the sentence imposed, the
39	39	Texas Department of Criminal Justice shall notify the judge of the
40	40	date on which one-half of the sentence is complete. On receipt of
41	41	the notice, the judge shall promptly notify the attorney
42	42	representing the state and the defendant or the defendant's counsel
43	43	and shall hold a hearing for the limited purpose of establishing the
44	44	conditions of community supervision appropriate for the defendant.
45	45	This subdivision does not apply if the offense for which the
46	46	defendant was originally sentenced was an offense:
47	47	(A) under Section 39.04(a)(2), Section 49.045,
48	48	or Title 5, Penal Code;
49	49	(B) under Article 62.102; or
50	50	(C) involving family violence, as defined by
51	51	Section 71.004, Family Code.
52	52	SECTION 2. Chapter 509, Government Code, is amended by
53	53	adding Section 509.017 to read as follows:
54	54	Sec. 509.017. SPECIAL ALLOCATION FOR CERTAIN DEFENDANTS
55	55	PLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION. Notwithstanding
56	56	any other provision of this chapter, the Texas Department of
57	57	Criminal Justice shall adopt policies and procedures to:
58	58	(1) determine the cost savings to the Texas Department
59	59	of Criminal Justice realized through the release of defendants on
60	60	community supervision under Section 15(f)(2-a), Article 42.12,
61	61	Code of Criminal Procedure; and
62	62	(2) provide 10 percent of that cost savings to the
63	63	division to be allocated to individual departments and used for the
64	64	same purpose that state aid is used under Section 509.011.
65	65	SECTION 3. The change in law made by this Act to Section
66	66	15(f), Article 42.12, Code of Criminal Procedure, applies only to a
67	67	defendant who is convicted of an offense on or after the effective
68	68	date of this Act. A defendant who is convicted of an offense before
69	69	the effective date of this Act is governed by the law in effect at
70	70	the time of the conviction, and the former law is continued in
71	71	effect for that purpose.
72	72	SECTION 4. This Act takes effect immediately if it receives
73	73	a vote of two-thirds of all the members elected to each house, as
74	74	provided by Section 39, Article III, Texas Constitution. If this
75	75	Act does not receive the vote necessary for immediate effect, this
76	76	Act takes effect September 1, 2013.