By: Riddle (Senate Sponsor - Whitmire) H.B. No. 2299
(In the Senate - Received from the House May 6, 2015;
May 6, 2015, read first time and referred to Committee on Criminal
Justice; May 21, 2015, reported favorably by the following vote:
Yeas 7, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the nonsubstantive revision of certain laws concerning
community supervision granted in criminal cases, including
conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF COMMUNITY SUPERVISION LAWS
SECTION 1.01. Title 1, Code of Criminal Procedure, is amended by adding Chapter 42A to read as follows:
CHAPTER 42A. COMMUNITY SUPERVISION
SUBCHAPTER A. GENERAL PROVISIONS
Art. 42A.001. DEFINITIONS
SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
Art. 42A.051. AUTHORITY TO GRANT COMMUNITY
SUPERVISION, IMPOSE OR MODIFY
CONDITIONS, OR DISCHARGE DEFENDANT
Art. 42A.052. MODIFICATION OF CONDITIONS BY
SUPERVISION OFFICER OR MAGISTRATE
Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION
Art. 42A.054. LIMITATION ON JUDGE-ORDERED COMMUNITY
SUPERVISION
Art. 42A.055. JURY-RECOMMENDED COMMUNITY SUPERVISION
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION
Art. 42A.057. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
CERTAIN BURGLARIES OF VEHICLES
SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
Art. 42A.101. PLACEMENT ON DEFERRED ADJUDICATION
COMMUNITY SUPERVISION
Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
COMMUNITY SUPERVISION
Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION
COMMUNITY SUPERVISION
Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION
COMMUNITY SUPERVISION; IMPOSITION OF
FINE
Art. 42A.105. AFFIRMATIVE FINDINGS
Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO
PETITION FOR ORDER OF NONDISCLOSURE
Art. 42A.107. REQUEST FOR FINAL ADJUDICATION
Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
ADJUDICATION COMMUNITY SUPERVISION;
HEARING
Art. 42A.109. DUE DILIGENCE DEFENSE
Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION
Art. 42A.111. DISMISSAL AND DISCHARGE
SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
Art. 42A.151. TRANSFER OF JURISDICTION
Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING
GEOGRAPHICAL JURISDICTION
Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE
Art. 42A.154. LEAVING THE STATE
SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
JURISDICTION
Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR
CASES
Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES
Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE
IN FELONY CASES
Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM
USED OR EXHIBITED
SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
Art. 42A.251. DEFINITIONS
Art. 42A.252. PRESENTENCE REPORT REQUIRED
Art. 42A.253. CONTENTS OF PRESENTENCE REPORT
Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF
CONTENTS
Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT;
ACCESS TO INFORMATION BY STATE
Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION
OFFICER; CONFIDENTIALITY OF REPORT
Art. 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR
DRUG REHABILITATION
Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER
TREATMENT, SPECIALIZED SUPERVISION, OR
REHABILITATION
Art. 42A.259. POSTSENTENCE REPORT
SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
Art. 42A.301. BASIC DISCRETIONARY CONDITIONS
Art. 42A.302. CONFINEMENT
Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM
Art. 42A.304. COMMUNITY SERVICE
Art. 42A.305. COMMUNITY OUTREACH
Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF
STATE
Art. 42A.307. ORCHIECTOMY PROHIBITED
SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY
Art. 42A.351. EDUCATIONAL SKILL LEVEL
Art. 42A.352. DNA SAMPLE
SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
OFFENSES
Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY
SUPERVISION FOR CERTAIN INTOXICATION
OFFENSES
Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION
AND REHABILITATION
Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN
INTOXICATION OFFENDERS; WAIVER OR
EXTENSION OF TIME
Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
INTOXICATION OFFENDERS; WAIVER
Art. 42A.405. RULES FOR AND ADMINISTRATION OF
EDUCATIONAL PROGRAMS
Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM
REQUIREMENTS ON DRIVING RECORD AND
LICENSE
Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE
Art. 42A.408. USE OF IGNITION INTERLOCK DEVICE
Art. 42A.409. COMMUNITY SUPERVISION FOR ENHANCED
PUBLIC INTOXICATION OFFENSE
SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
Art. 42A.451. SEX OFFENDER REGISTRATION; DNA SAMPLE
Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR
REHABILITATION
Art. 42A.453. CHILD SAFETY ZONE
Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED
Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER
SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
OFFENDERS
Art. 42A.501. COMMUNITY SUPERVISION FOR OFFENSE
COMMITTED BECAUSE OF BIAS OR PREJUDICE
Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN
VIOLENT OFFENSES; CHILD SAFETY ZONE
Art. 42A.503. COMMUNITY SUPERVISION FOR CERTAIN CHILD
ABUSE OFFENSES; PROHIBITED CONTACT
WITH VICTIM
Art. 42A.504. COMMUNITY SUPERVISION FOR CERTAIN
OFFENSES INVOLVING FAMILY VIOLENCE;
SPECIAL CONDITIONS
Art. 42A.505. COMMUNITY SUPERVISION FOR STALKING
OFFENSE; PROHIBITED CONTACT WITH
VICTIM
Art. 42A.506. COMMUNITY SUPERVISION FOR DEFENDANT WITH
MENTAL IMPAIRMENT
Art. 42A.507. COMMUNITY SUPERVISION FOR CERTAIN
DEFENDANTS IDENTIFIED AS MEMBERS OF
CRIMINAL STREET GANGS; ELECTRONIC
MONITORING
Art. 42A.508. COMMUNITY SUPERVISION FOR CERTAIN
ORGANIZED CRIME OFFENSES; RESTRICTIONS
ON OPERATION OF MOTOR VEHICLE
Art. 42A.509. COMMUNITY SUPERVISION FOR GRAFFITI
OFFENSE
Art. 42A.510. COMMUNITY SUPERVISION FOR ENHANCED
DISORDERLY CONDUCT OFFENSE
Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN
OFFENSES INVOLVING ANIMALS
Art. 42A.512. COMMUNITY SUPERVISION FOR ELECTRONIC
TRANSMISSION OF CERTAIN VISUAL
MATERIAL
Art. 42A.513. COMMUNITY SUPERVISION FOR MAKING FIREARM
ACCESSIBLE TO CHILD
SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION;
EXECUTION OF SENTENCE
Art. 42A.552. REVIEW OF PRESENTENCE REPORT
Art. 42A.553. MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
SUPERVISION; EXTENSION
Art. 42A.554. CONDITIONS OF COMMUNITY SUPERVISION
Art. 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY
SUPERVISION
Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
COMMUNITY SUPERVISION
Art. 42A.557. REPORT BY DIRECTOR OF FACILITY
Art. 42A.558. REVOCATION; OPTIONS REGARDING EXECUTION
OF SENTENCE
Art. 42A.559. CREDITS FOR TIME SERVED
Art. 42A.560. MEDICAL RELEASE
Art. 42A.561. MEDICAL RELEASE
SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
Art. 42A.601. DEFINITION
Art. 42A.602. MAXIMUM TERM OR TERMS OF CONFINEMENT
Art. 42A.603. EFFECT OF REVOCATION ON CREDIT FOR TIME
SPENT IN FACILITY
Art. 42A.604. EVALUATION OF DEFENDANT'S BEHAVIOR AND
ATTITUDE
Art. 42A.605. PLACEMENT IN COMMUNITY SERVICE PROJECT
Art. 42A.606. CONFINEMENT REQUIRED; EXCEPTIONS
Art. 42A.607. DISPOSITION OF SALARY
SUBCHAPTER N. PAYMENTS; FEES
Art. 42A.651. PAYMENT AS CONDITION OF COMMUNITY
SUPERVISION
Art. 42A.652. MONTHLY FEE
Art. 42A.653. ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
OFFENDERS
Art. 42A.654. FEES DUE ON CONVICTION
Art. 42A.655. ABILITY TO PAY
SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
PERIOD
Art. 42A.701. REDUCTION OR TERMINATION OF COMMUNITY
SUPERVISION PERIOD
Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN
CONDITIONS OF COMMUNITY SUPERVISION
SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
Art. 42A.751. VIOLATION OF CONDITIONS OF COMMUNITY
SUPERVISION; DETENTION AND HEARING
Art. 42A.752. CONTINUATION OR MODIFICATION OF
COMMUNITY SUPERVISION AFTER VIOLATION
Art. 42A.753. EXTENSION OF COMMUNITY SUPERVISION AFTER
VIOLATION
Art. 42A.754. AUTHORITY TO REVOKE COMMUNITY
SUPERVISION
Art. 42A.755. REVOCATION OF COMMUNITY SUPERVISION
Art. 42A.756. DUE DILIGENCE DEFENSE
Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR
CERTAIN SEX OFFENDERS
CHAPTER 42A. COMMUNITY SUPERVISION
SUBCHAPTER A. GENERAL PROVISIONS
Art. 42A.001. DEFINITIONS. In this chapter:
(1) "Community supervision" means the placement of a
defendant by a court under a continuum of programs and sanctions,
with conditions imposed by the court for a specified period during
which:
(A) criminal proceedings are deferred without an
adjudication of guilt; or
(B) a sentence of imprisonment or confinement,
imprisonment and fine, or confinement and fine, is probated and the
imposition of sentence is suspended in whole or in part.
(2) "Court" means a court of record having original
criminal jurisdiction.
(3) "Electronic monitoring" includes voice tracking
systems, position tracking systems, position location systems,
biometric tracking systems, and any other electronic or
telecommunications system that may be used to assist in the
supervision of defendants under this chapter.
(4) "Supervision officer" means a person appointed or
employed under Section 76.004, Government Code, to supervise
defendants placed on community supervision. (Code Crim. Proc.,
Art. 42.12, Sec. 2.)
SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
Art. 42A.051. AUTHORITY TO GRANT COMMUNITY SUPERVISION,
IMPOSE OR MODIFY CONDITIONS, OR DISCHARGE DEFENDANT. (a) Unless
the judge has transferred jurisdiction of the case to another court
under Article 42A.151, only the court in which the defendant was
tried may:
(1) grant community supervision;
(2) impose conditions; or
(3) discharge the defendant.
(b) The judge of the court having jurisdiction of the case
may, at any time during the period of community supervision, modify
the conditions of community supervision. Except as provided by
Article 42A.052(a), only the judge may modify the conditions.
(Code Crim. Proc., Art. 42.12, Secs. 10(a) (part), 11(a) (part).)
Art. 42A.052. MODIFICATION OF CONDITIONS BY SUPERVISION
OFFICER OR MAGISTRATE. (a) A judge who places a defendant on
community supervision may authorize the supervision officer
supervising the defendant or a magistrate appointed by the district
courts in the county that give preference to criminal cases to
modify the conditions of community supervision for the limited
purpose of transferring the defendant to different programs within
the community supervision continuum of programs and sanctions.
(b) A supervision officer or magistrate who modifies the
conditions of community supervision shall:
(1) deliver a copy of the modified conditions to the
defendant;
(2) file a copy of the modified conditions with the
sentencing court; and
(3) note the date of delivery of the copy in the
defendant's file.
(c) If the defendant agrees to the modification in writing,
the officer or magistrate shall file a copy of the modified
conditions with the district clerk and the conditions shall be
enforced as modified. If the defendant does not agree to the
modification in writing, the supervision officer or magistrate
shall refer the case to the judge for modification in the manner
provided by Article 42A.752. (Code Crim. Proc., Art. 42.12, Secs.
10(d), (e).)
Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION. (a) A
judge, in the best interest of justice, the public, and the
defendant, after conviction or a plea of guilty or nolo contendere,
may:
(1) suspend the imposition of the sentence and place
the defendant on community supervision; or
(2) impose a fine applicable to the offense and place
the defendant on community supervision.
(b) A judge may not deny community supervision to a
defendant based solely on the defendant's inability to speak, read,
write, hear, or understand English.
(c) A defendant is not eligible for community supervision
under this article if the defendant is sentenced to serve:
(1) a term of imprisonment that exceeds 10 years; or
(2) a term of confinement under Section 12.35, Penal
Code.
(d) In a felony case:
(1) the minimum period of community supervision is the
same as the minimum term of imprisonment applicable to the offense;
and
(2) the maximum period of community supervision is:
(A) 10 years, for a felony other than a third
degree felony described by Paragraph (B); and
(B) five years, for any of the following third
degree felonies:
(i) a third degree felony under Title 7,
Penal Code; and
(ii) a third degree felony under Chapter
481, Health and Safety Code.
(e) Notwithstanding Subsection (d), the minimum period of
community supervision under this article for a felony described by
Article 42A.453(b) is five years.
(f) The maximum period of community supervision in a
misdemeanor case is two years.
(g) Notwithstanding Subsection (d)(2) or (f), a judge may
extend the maximum period of community supervision in the manner
provided by Article 42A.753 or 42A.757. (Code Crim. Proc., Art.
42.12, Secs. 3(a), (b), (c), (d), (e), (f), (g).)
Art. 42A.054. LIMITATION ON JUDGE-ORDERED COMMUNITY
SUPERVISION. (a) Article 42A.053 does not apply to a defendant
adjudged guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 21.11(a)(1), Penal Code (Indecency with a
Child);
(7) Section 22.011, Penal Code (Sexual Assault);
(8) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(9) Section 22.04(a)(1), Penal Code (Injury to a
Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(10) Section 29.03, Penal Code (Aggravated Robbery);
(11) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.11, 22.011,
22.021, or 25.02, Penal Code;
(12) Section 43.05, Penal Code (Compelling
Prostitution);
(13) Section 43.25, Penal Code (Sexual Performance by
a Child); or
(14) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections.
(b) Article 42A.053 does not apply to a defendant when it is
shown that:
(1) a deadly weapon as defined by Section 1.07, Penal
Code, was used or exhibited during the:
(A) commission of a felony offense; or
(B) immediate flight from the commission of a
felony offense; and
(2) the defendant:
(A) used or exhibited the deadly weapon; or
(B) was a party to the offense and knew that a
deadly weapon would be used or exhibited.
(c) On an affirmative finding regarding the use or
exhibition of a deadly weapon as described by Subsection (b), the
trial court shall enter the finding in the judgment of the court.
(d) On an affirmative finding that the deadly weapon under
Subsection (c) was a firearm, the court shall enter that finding in
its judgment. (Code Crim. Proc., Art. 42.12, Sec. 3g(a).)
Art. 42A.055. JURY-RECOMMENDED COMMUNITY SUPERVISION. (a)
A jury that imposes confinement as punishment for an offense may
recommend to the judge that the judge suspend the imposition of the
sentence and place the defendant on community supervision. A judge
shall suspend the imposition of the sentence and place the
defendant on community supervision if the jury makes that
recommendation in the verdict.
(b) A defendant is eligible for community supervision under
this article only if:
(1) before the trial begins, the defendant files a
written sworn motion with the judge that the defendant has not
previously been convicted of a felony in this or any other state;
and
(2) the jury enters in the verdict a finding that the
information contained in the defendant's motion is true.
(c) If the jury recommends to the judge that the judge place
the defendant on community supervision, the judge shall place the
defendant on community supervision for any period permitted under
Articles 42A.053(d) and (f), as appropriate.
(d) A judge may extend the maximum period of community
supervision in the manner provided by Article 42A.753 or 42A.757.
(Code Crim. Proc., Art. 42.12, Secs. 4(a), (b), (c), (d) (part),
(e).)
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section
21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
offense was younger than 14 years of age at the time the offense was
committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
43.05, or 43.25, Penal Code; or
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections. (Code Crim. Proc., Art. 42.12, Sec. 4(d)
(part).)
Art. 42A.057. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
CERTAIN BURGLARIES OF VEHICLES. The minimum period of community
supervision for an offense under Section 30.04, Penal Code,
punishable as a Class A misdemeanor with a minimum term of
confinement of six months is one year. (Code Crim. Proc., Art.
42.12, Secs. 3(h), 4(f).)
SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
Art. 42A.101. PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY
SUPERVISION. (a) Except as provided by Article 42A.102(b), if in
the judge's opinion the best interest of society and the defendant
will be served, the judge may, after receiving a plea of guilty or
nolo contendere, hearing the evidence, and finding that it
substantiates the defendant's guilt, defer further proceedings
without entering an adjudication of guilt and place the defendant
on deferred adjudication community supervision.
(b) After placing the defendant on deferred adjudication
community supervision under Subsection (a), the judge shall inform
the defendant orally or in writing of the possible consequences
under Articles 42A.108 and 42A.110 of a violation of a condition of
deferred adjudication community supervision. If the information is
provided orally, the judge must record and maintain the judge's
statement to the defendant. The failure of a judge to inform a
defendant of possible consequences under Articles 42A.108 and
42A.110 is not a ground for reversal unless the defendant shows that
the defendant was harmed by the failure of the judge to provide the
information. (Code Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
COMMUNITY SUPERVISION. (a) A judge may place on deferred
adjudication community supervision a defendant charged with an
offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Article 42A.453(b) only if the judge makes a
finding in open court that placing the defendant on deferred
adjudication community supervision is in the best interest of the
victim. The failure of the judge to make a finding under this
subsection is not grounds for the defendant to set aside the plea,
deferred adjudication, or any subsequent conviction or sentence.
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Sections 49.04-49.08, Penal Code; or
(B) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Article 42A.453(b); and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken. (Code Crim. Proc., Art. 42.12, Secs. 5(a)
(part), (d).)
Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION COMMUNITY
SUPERVISION. (a) In a felony case, the period of deferred
adjudication community supervision may not exceed 10 years. For a
defendant charged with a felony under Section 21.11, 22.011, or
22.021, Penal Code, regardless of the age of the victim, and for a
defendant charged with a felony described by Article 42A.453(b),
the period of deferred adjudication community supervision may not
be less than five years.
(b) In a misdemeanor case, the period of deferred
adjudication community supervision may not exceed two years.
(c) A judge may extend the maximum period of deferred
adjudication community supervision in the manner provided by
Article 42A.753 or 42A.757. (Code Crim. Proc., Art. 42.12, Sec.
5(a) (part).)
Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION
COMMUNITY SUPERVISION; IMPOSITION OF FINE. (a) The judge may impose
a fine applicable to the offense and require any reasonable
condition of deferred adjudication community supervision that a
judge could impose on a defendant placed on community supervision
for a conviction that was probated and suspended, including:
(1) confinement; and
(2) mental health treatment under Article 42A.506.
(b) The provisions of Subchapter L specifying whether a
defendant convicted of a state jail felony is to be confined in a
county jail or state jail felony facility and establishing the
minimum and maximum terms of confinement as a condition of
community supervision apply in the same manner to a defendant
placed on deferred adjudication community supervision after
pleading guilty or nolo contendere to a state jail felony. (Code
Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
Art. 42A.105. AFFIRMATIVE FINDINGS. (a) If a judge places
on deferred adjudication community supervision a defendant charged
with a sexually violent offense, as defined by Article 62.001, the
judge shall make an affirmative finding of fact and file a statement
of that affirmative finding with the papers in the case if the judge
determines that the victim or intended victim was younger than 14
years of age at the time of the offense.
(b) If a judge places on deferred adjudication community
supervision a defendant charged with an offense under Section
20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
solicitation to commit one of those offenses, the judge shall make
an affirmative finding of fact and file a statement of that
affirmative finding with the papers in the case if the judge
determines that the victim or intended victim was younger than 17
years of age at the time of the offense.
(c) If a judge places on deferred adjudication community
supervision a defendant charged with an offense under Section 21.11
or 22.011, Penal Code, the judge shall make an affirmative finding
of fact and file a statement of that affirmative finding with the
papers in the case if the judge determines that:
(1) at the time of the offense, the defendant was not
more than four years older than the victim or intended victim and
the victim or intended victim was at least 15 years of age; and
(2) the charge to which the plea is entered under this
subchapter is based solely on the ages of the defendant and the
victim or intended victim at the time of the offense.
(d) If a judge places a defendant on deferred adjudication
community supervision, on the motion of the attorney representing
the state the judge shall make an affirmative finding of fact and
file a statement of that affirmative finding with the papers in the
case if the judge determines that, regardless of whether the
conduct at issue is the subject of the prosecution or part of the
same criminal episode as the conduct that is the subject of the
prosecution, a victim in the trial:
(1) is or has been a victim of a severe form of
trafficking in persons, as defined by 22 U.S.C. Section 7102(9); or
(2) has suffered substantial physical or mental abuse
as a result of having been a victim of criminal activity described
by 8 U.S.C. Section 1101(a)(15)(U)(iii).
(e) The part of the papers in the case containing an
affirmative finding under Subsection (d):
(1) must include specific information identifying the
victim, as available;
(2) may not include information identifying the
victim's location; and
(3) is confidential, unless written consent for the
release of the affirmative finding is obtained from the victim or,
if the victim is younger than 18 years of age, the victim's parent
or guardian. (Code Crim. Proc., Art. 42.12, Secs. 5(e), (g), (i),
(j).)
Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION
FOR ORDER OF NONDISCLOSURE. (a) Except as provided by Section
552.142, Government Code, a record in the custody of the court clerk
regarding a case in which a defendant is granted deferred
adjudication community supervision is not confidential.
(b) Before placing a defendant on deferred adjudication
community supervision, the court shall inform the defendant of the
defendant's right to petition the court for an order of
nondisclosure under Section 411.081, Government Code, unless the
defendant is ineligible to pursue that right because of:
(1) the nature of the offense for which the defendant
is placed on deferred adjudication community supervision; or
(2) the defendant's criminal history. (Code Crim.
Proc., Art. 42.12, Secs. 5(a-1), (f).)
Art. 42A.107. REQUEST FOR FINAL ADJUDICATION. On written
motion of the defendant requesting final adjudication that is filed
within 30 days after the entry of the defendant's plea and the
deferment of adjudication, the judge shall proceed to final
adjudication as in all other cases. (Code Crim. Proc., Art. 42.12,
Sec. 5(a) (part).)
Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of a
condition of deferred adjudication community supervision imposed
under Article 42A.104, the defendant may be arrested and detained
as provided in Article 42A.751.
(b) The defendant is entitled to a hearing limited to a
determination by the court of whether the court will proceed with an
adjudication of guilt on the original charge. The court may not
proceed with an adjudication of guilt on the original charge if the
court finds that the only evidence supporting the alleged violation
of a condition of deferred adjudication community supervision is
the uncorroborated results of a polygraph examination. The
determination to proceed with an adjudication of guilt on the
original charge is reviewable in the same manner as a revocation
hearing conducted under Article 42A.751(d) in a case in which the
adjudication of guilt was not deferred.
(c) A court retains jurisdiction to hold a hearing under
Subsection (b) and to proceed with an adjudication of guilt,
regardless of whether the period of deferred adjudication community
supervision imposed on the defendant has expired, if before the
expiration of the supervision period:
(1) the attorney representing the state files a motion
to proceed with the adjudication; and
(2) a capias is issued for the arrest of the defendant.
(Code Crim. Proc., Art. 42.12, Secs. 5(b) (part), (h).)
Art. 42A.109. DUE DILIGENCE DEFENSE. For the purposes of a
hearing under Article 42A.108, it is an affirmative defense to
revocation for an alleged violation based on a failure to report to
a supervision officer as directed or to remain within a specified
place that no supervision officer, peace officer, or other officer
with the power of arrest under a warrant issued by a judge for that
alleged violation contacted or attempted to contact the defendant
in person at the defendant's last known residence address or last
known employment address, as reflected in the files of the
department serving the county in which the order of deferred
adjudication community supervision was entered. (Code Crim. Proc.,
Art. 42.12, Sec. 24 (part).)
Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION. (a) After
an adjudication of guilt, all proceedings, including assessment of
punishment, pronouncement of sentence, granting of community
supervision, and defendant's appeal, continue as if the
adjudication of guilt had not been deferred.
(b) A court assessing punishment after an adjudication of
guilt of a defendant charged with a state jail felony may suspend
the imposition of the sentence and place the defendant on community
supervision or may order the sentence to be executed, regardless of
whether the defendant has previously been convicted of a felony.
(Code Crim. Proc., Art. 42.12, Sec. 5(b) (part).)
Art. 42A.111. DISMISSAL AND DISCHARGE. (a) On expiration of
a period of deferred adjudication community supervision imposed
under this subchapter, if the judge has not proceeded to an
adjudication of guilt, the judge shall dismiss the proceedings
against the defendant and discharge the defendant.
(b) The judge may dismiss the proceedings and discharge a
defendant before the expiration of the period of deferred
adjudication community supervision if, in the judge's opinion, the
best interest of society and the defendant will be served, except
that the judge may not dismiss the proceedings and discharge a
defendant charged with an offense requiring the defendant to
register as a sex offender under Chapter 62.
(c) Except as provided by Section 12.42(g), Penal Code, a
dismissal and discharge under this article may not be considered a
conviction for the purposes of disqualifications or disabilities
imposed by law for conviction of an offense.
(d) For any defendant who receives a dismissal and discharge
under this article:
(1) on conviction of a subsequent offense, the fact
that the defendant previously has received deferred adjudication
community supervision is admissible before the court or jury for
consideration on the issue of penalty;
(2) if the defendant is an applicant for or the holder
of a license under Chapter 42, Human Resources Code, the Department
of Family and Protective Services may consider the fact that the
defendant previously has received deferred adjudication community
supervision in issuing, renewing, denying, or revoking a license
under that chapter; and
(3) if the defendant is an applicant for or the holder
of a license to provide mental health or medical services for the
rehabilitation of sex offenders, the Council on Sex Offender
Treatment may consider the fact that the defendant previously has
received deferred adjudication community supervision in issuing,
renewing, denying, or revoking a license issued by that council.
(e) A judge who dismisses the proceedings against a
defendant and discharges the defendant under this article shall:
(1) provide the defendant with a copy of the order of
dismissal and discharge; and
(2) if applicable, inform the defendant of the
defendant's eligibility to petition the court for an order of
nondisclosure under Section 411.081, Government Code, and the
earliest date the defendant is eligible to file the petition for the
order of nondisclosure. (Code Crim. Proc., Art. 42.12, Secs. 5(c),
(c-1).)
SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
Art. 42A.151. TRANSFER OF JURISDICTION. (a) After a
defendant has been placed on community supervision, jurisdiction of
the case may be transferred to a court of the same rank in this state
that:
(1) has geographical jurisdiction where the
defendant:
(A) resides; or
(B) violates a condition of community
supervision; and
(2) consents to the transfer.
(b) On transfer, the clerk of the court of original
jurisdiction shall forward to the court accepting jurisdiction a
transcript of any portion of the record as the transferring judge
shall direct. The court accepting jurisdiction subsequently shall
proceed as if the defendant's trial and conviction had occurred in
that court. (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part),
(b).)
Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING
GEOGRAPHICAL JURISDICTION. (a) A judge of a court having
geographical jurisdiction where a defendant resides or where the
defendant violates a condition of community supervision may issue a
warrant for the defendant's arrest.
(b) Notwithstanding Subsection (a), the determination of
the action to be taken after the defendant's arrest may be made only
by the judge of the court having jurisdiction of the case at the
time the action is taken. (Code Crim. Proc., Art. 42.12, Sec.
10(c).)
Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE. (a)
If, for good and sufficient reasons, a defendant desires to change
the defendant's residence within the state, the change may be
effected by application to the supervising supervision officer.
(b) The change of residence is subject to:
(1) the judge's consent; and
(2) any regulations the judge may require in the
absence of a supervision officer in the locality to which the
defendant is transferred. (Code Crim. Proc., Art. 42.12, Sec.
17(a).)
Art. 42A.154. LEAVING THE STATE. A defendant who leaves the
state without permission of the judge having jurisdiction of the
case is:
(1) considered a fugitive from justice; and
(2) subject to extradition as provided by law. (Code
Crim. Proc., Art. 42.12, Sec. 17(b).)
SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
JURISDICTION
Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR
CASES. (a) For the purposes of this article, the jurisdiction of
the courts in this state in which a sentence requiring confinement
in a jail is imposed for conviction of a misdemeanor continues for
180 days from the date the execution of the sentence actually
begins.
(b) The judge of a court that imposed a sentence requiring
confinement in a jail for conviction of a misdemeanor may, on the
judge's own motion, on the motion of the attorney representing the
state, or on the written motion of the defendant, suspend further
execution of the sentence and place the defendant on community
supervision under the terms and conditions of this chapter if, in
the opinion of the judge, the defendant would not benefit from
further confinement.
(c) When the defendant files a written motion with the court
requesting suspension of further execution of the sentence and
placement on community supervision or when requested to do so by the
judge, the clerk of the court shall request a copy of the
defendant's record while confined from the agency operating the
jail in which the defendant is confined. On receipt of the request,
the agency shall forward a copy of the record to the court as soon as
possible.
(d) The judge may deny the motion without holding a hearing
but may not grant a motion without holding a hearing and allowing
the attorney representing the state and the defendant to present
evidence in the case. (Code Crim. Proc., Art. 42.12, Sec. 7.)
Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES. (a)
For the purposes of this article, the jurisdiction of a court
imposing a sentence requiring imprisonment in the Texas Department
of Criminal Justice for an offense other than a state jail felony
continues for 180 days from the date the execution of the sentence
actually begins.
(b) Before the expiration of the 180-day period described by
Subsection (a), the judge of the court that imposed the sentence
described by that subsection may, on the judge's own motion, on the
motion of the attorney representing the state, or on the written
motion of the defendant, suspend further execution of the sentence
and place the defendant on community supervision under the terms
and conditions of this chapter if:
(1) in the opinion of the judge, the defendant would
not benefit from further imprisonment;
(2) the defendant is otherwise eligible for community
supervision under this chapter; and
(3) the defendant had never before been incarcerated
in a penitentiary serving a sentence for a felony.
(c) When the defendant files a written motion requesting the
judge to suspend further execution of the sentence and place the
defendant on community supervision, the defendant shall
immediately deliver or cause to be delivered a copy of the motion to
the office of the attorney representing the state.
(d) When the defendant or the attorney representing the
state files a written motion requesting the judge to suspend
further execution of the sentence and place the defendant on
community supervision, and when requested to do so by the judge, the
clerk of the court shall request a copy of the defendant's record
while imprisoned from the Texas Department of Criminal Justice or,
if the defendant is confined in county jail, from the sheriff. On
receipt of the request, the Texas Department of Criminal Justice or
the sheriff shall forward a copy of the record to the judge as soon
as possible.
(e) The judge may deny the motion without holding a hearing
but may not grant the motion without holding a hearing and providing
the attorney representing the state and the defendant the
opportunity to present evidence on the motion. (Code Crim. Proc.,
Art. 42.12, Sec. 6.)
Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN
FELONY CASES. (a) Except as otherwise provided by Subsection (b),
only the judge who originally sentenced the defendant may suspend
execution of the sentence and place the defendant on community
supervision under Article 42A.202.
(b) If the judge who originally sentenced the defendant is
deceased or disabled or the office is vacant, and if a motion is
filed in accordance with Article 42A.202, the clerk of the court
shall promptly forward a copy of the motion to the presiding judge
of the administrative judicial district for that court. The
presiding judge may deny the motion without holding a hearing or may
appoint a judge to hold a hearing on the motion. (Code Crim. Proc.,
Art. 42.12, Sec. 10(a) (part).)
Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM USED
OR EXHIBITED. (a) If in the trial of a felony of the second degree
or higher there is an affirmative finding described by Article
42A.054(d) and the jury recommends that the court place the
defendant on community supervision, the court may order the
defendant imprisoned in the Texas Department of Criminal Justice
for not less than 60 and not more than 120 days.
(b) At any time after the defendant has served 60 days in the
custody of the Texas Department of Criminal Justice, the sentencing
judge, on the judge's own motion or on motion of the defendant, may
order the defendant released to community supervision.
(c) The department shall release the defendant to community
supervision after the defendant has served 120 days. (Code Crim.
Proc., Art. 42.12, Secs. 3g(b), 4(b) (part).)
SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
Art. 42A.251. DEFINITIONS. In this subchapter:
(1) "Council" means the Council on Sex Offender
Treatment.
(2) "Sex offender" means a person who has been
convicted of, or has entered a plea of guilty or nolo contendere
for, an offense under any one of the following provisions of the
Penal Code:
(A) Section 20.04(a)(4) (Aggravated Kidnapping),
if the person committed the offense with the intent to violate or
abuse the victim sexually;
(B) Section 21.08 (Indecent Exposure);
(C) Section 21.11 (Indecency with a Child);
(D) Section 22.011 (Sexual Assault);
(E) Section 22.021 (Aggravated Sexual Assault);
(F) Section 25.02 (Prohibited Sexual Conduct);
(G) Section 30.02 (Burglary), if:
(i) the offense is punishable under
Subsection (d) of that section; and
(ii) the person committed the offense with
the intent to commit a felony listed in this subdivision;
(H) Section 43.25 (Sexual Performance by a
Child); or
(I) Section 43.26 (Possession or Promotion of
Child Pornography). (Code Crim. Proc., Art. 42.12, Sec. 9A(a).)
Art. 42A.252. PRESENTENCE REPORT REQUIRED. (a) Except as
provided by Subsections (b) and (c), before the imposition of the
sentence by a judge, the judge shall direct a supervision officer to
prepare a presentence report for the judge.
(b) The judge is not required to direct a supervision
officer to prepare a presentence report in a misdemeanor case if:
(1) the defendant requests that a report not be made
and the judge agrees to the request; or
(2) the judge:
(A) finds that there is sufficient information in
the record to permit the meaningful exercise of sentencing
discretion; and
(B) explains that finding on the record.
(c) The judge is not required to direct a supervision
officer to prepare a presentence report in a felony case if:
(1) punishment is to be assessed by a jury;
(2) the defendant is convicted of or enters a plea of
guilty or nolo contendere to capital murder;
(3) the only available punishment is imprisonment; or
(4) the judge is informed that a plea bargain
agreement exists, under which the defendant agrees to a punishment
of imprisonment, and the judge intends to follow that agreement.
(Code Crim. Proc., Art. 42.12, Secs. 9(a) (part), (b), (g).)
Art. 42A.253. CONTENTS OF PRESENTENCE REPORT. (a) A
presentence report must be in writing and include:
(1) the circumstances of the offense with which the
defendant is charged;
(2) the amount of restitution necessary to adequately
compensate a victim of the offense;
(3) the criminal and social history of the defendant;
(4) a proposed supervision plan describing programs
and sanctions that the community supervision and corrections
department will provide the defendant if the judge suspends the
imposition of the sentence or grants deferred adjudication
community supervision;
(5) if the defendant is charged with a state jail
felony, recommendations for conditions of community supervision
that the community supervision and corrections department
considers advisable or appropriate based on the circumstances of
the offense and other factors addressed in the report;
(6) the results of a psychological evaluation of the
defendant that determines, at a minimum, the defendant's IQ and
adaptive behavior score if the defendant:
(A) is convicted of a felony offense; and
(B) appears to the judge, through the judge's own
observation or on the suggestion of a party, to have a mental
impairment;
(7) information regarding whether the defendant is a
current or former member of the state military forces or whether the
defendant currently serves or has previously served in the armed
forces of the United States in an active-duty status and, if
available, a copy of the defendant's military discharge papers and
military records;
(8) if the defendant has served in the armed forces of
the United States in an active-duty status, a determination as to
whether the defendant was deployed to a combat zone and whether the
defendant may suffer from post-traumatic stress disorder or a
traumatic brain injury; and
(9) any other information relating to the defendant or
the offense as requested by the judge.
(b) A presentence report is not required to contain a
sentencing recommendation. (Code Crim. Proc., Art. 42.12, Secs.
9(a) (part), (i), (l).)
Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF CONTENTS.
The judge may not inspect a presentence report and the contents of
the report may not be disclosed to any person unless:
(1) the defendant pleads guilty or nolo contendere or
is convicted of the offense; or
(2) the defendant, in writing, authorizes the judge to
inspect the report. (Code Crim. Proc., Art. 42.12, Sec. 9(c).)
Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT; ACCESS
TO INFORMATION BY STATE. (a) Unless waived by the defendant, at
least 48 hours before sentencing a defendant, the judge shall
permit the defendant or the defendant's attorney to read the
presentence report.
(b) The judge shall allow the defendant or the defendant's
attorney to comment on a presentence investigation or a
postsentence report and, with the approval of the judge, introduce
testimony or other information alleging a factual inaccuracy in the
investigation or report.
(c) The judge shall allow the attorney representing the
state access to any information made available to the defendant
under this article. (Code Crim. Proc., Art. 42.12, Secs. 9(d), (e),
(f).)
Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION
OFFICER; CONFIDENTIALITY OF REPORT. (a) The judge by order may
direct that any information and records that are not privileged and
that are relevant to a presentence or postsentence report be
released to a supervision officer conducting a presentence
investigation under this subchapter or preparing a postsentence
report under Article 42A.259. The judge may also issue a subpoena
to obtain that information.
(b) A presentence or postsentence report and all
information obtained in connection with a presentence
investigation or postsentence report are confidential and may be
released only as:
(1) provided by:
(A) Subsection (c);
(B) Article 42A.255;
(C) Article 42A.257;
(D) Article 42A.259; or
(E) Section 614.017, Health and Safety Code; or
(2) directed by the judge for the effective
supervision of the defendant.
(c) If the defendant is a sex offender, a supervision
officer may release information in a presentence or postsentence
report concerning the social and criminal history of the defendant
to a person who:
(1) is licensed or certified in this state to provide
mental health or medical services, including a:
(A) physician;
(B) psychiatrist;
(C) psychologist;
(D) licensed professional counselor;
(E) licensed marriage and family therapist; or
(F) certified social worker; and
(2) provides mental health or medical services for the
rehabilitation of the defendant. (Code Crim. Proc., Art. 42.12,
Secs. 9(j), 9A(b).)
Art. 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG
REHABILITATION. (a) The judge shall direct a supervision officer
approved by the community supervision and corrections department or
the judge, or a person, program, or other agency approved by the
Department of State Health Services, to conduct an evaluation to
determine the appropriateness of, and a course of conduct necessary
for, alcohol or drug rehabilitation for a defendant and to report
the results of that evaluation to the judge, if:
(1) the judge determines that alcohol or drug abuse
may have contributed to the commission of the offense; or
(2) the case involves a second or subsequent offense
under:
(A) Section 49.04, Penal Code, if the offense was
committed within five years of the date on which the most recent
preceding offense was committed; or
(B) Section 49.07 or 49.08, Penal Code, if the
offense involved the operation of a motor vehicle and was committed
within five years of the date on which the most recent preceding
offense was committed.
(b) The evaluation must be made:
(1) after arrest and before conviction, if requested
by the defendant;
(2) after conviction and before sentencing, if the
judge assesses punishment in the case;
(3) after sentencing and before the entry of a final
judgment, if the jury assesses punishment in the case; or
(4) after community supervision is granted, if the
evaluation is required as a condition of community supervision
under Article 42A.402. (Code Crim. Proc., Art. 42.12, Sec. 9(h).)
Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER
TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. (a) If the
defendant is a sex offender, the judge shall direct a supervision
officer approved by the community supervision and corrections
department or the judge, or a person, program, or other agency
approved by the council, to:
(1) evaluate the appropriateness of, and a course of
conduct necessary for, treatment, specialized supervision, or
rehabilitation of the defendant; and
(2) report the results of the evaluation to the judge.
(b) The judge may require the evaluation to use
offense-specific standards of practice adopted by the council and
may require the report to reflect those standards.
(c) The evaluation must be made:
(1) after arrest and before conviction, if requested
by the defendant; or
(2) after conviction and before the entry of a final
judgment. (Code Crim. Proc., Art. 42.12, Sec. 9A(c).)
Art. 42A.259. POSTSENTENCE REPORT. (a) If a presentence
report in a felony case is not required under Article 42A.252(c),
the judge may direct a supervision officer to prepare a
postsentence report containing the same information that would have
been required for the presentence report, other than a proposed
supervision plan and any information that is reflected in the
judgment.
(b) If a postsentence report is ordered, the supervision
officer shall send the report to the clerk of the court not later
than the 30th day after the date on which sentence is pronounced or
deferred adjudication community supervision is granted. The clerk
shall deliver the postsentence report with the papers in the case to
a designated officer of the Texas Department of Criminal Justice,
to the extent required by Section 8(a), Article 42.09. (Code Crim.
Proc., Art. 42.12, Sec. 9(k).)
SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. The judge of
the court having jurisdiction of the case shall determine the
conditions of community supervision. The judge may impose any
reasonable condition that is designed to protect or restore the
community, protect or restore the victim, or punish, rehabilitate,
or reform the defendant. Conditions of community supervision may
include conditions requiring the defendant to:
(1) commit no offense against the laws of this state or
of any other state or of the United States;
(2) avoid injurious or vicious habits;
(3) avoid persons or places of disreputable or harmful
character, including any person, other than a family member of the
defendant, who is an active member of a criminal street gang;
(4) report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(5) permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(6) work faithfully at suitable employment to the
extent possible;
(7) remain within a specified place;
(8) pay in one or more amounts:
(A) the defendant's fine, if one is assessed; and
(B) all court costs, regardless of whether a fine
is assessed;
(9) support the defendant's dependents;
(10) participate, for a period specified by the judge,
in any community-based program, including a community service
project under Article 42A.304;
(11) reimburse the county in which the prosecution was
instituted as follows:
(A) if counsel was appointed, an amount for
compensation paid to appointed counsel for defending the defendant
in the case; or
(B) if the defendant was represented by a public
defender's office, an amount that would have been paid to an
appointed attorney had the county not had a public defender's
office;
(12) if under custodial supervision in a community
corrections facility:
(A) remain under that supervision;
(B) obey all rules and regulations of the
facility; and
(C) pay a percentage of the defendant's income
to:
(i) the facility for room and board; and
(ii) the defendant's dependents for their
support during the period of custodial supervision;
(13) submit to testing for alcohol or controlled
substances;
(14) attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Department of State Health
Services;
(15) with the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(16) submit to electronic monitoring;
(17) reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56.32, of the offense or if no reimbursement
is required, make one payment to the compensation to victims of
crime fund in an amount not to exceed $50 if the offense is a
misdemeanor or not to exceed $100 if the offense is a felony;
(18) reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(19) pay all or part of the reasonable and necessary
costs incurred by the victim for psychological counseling made
necessary by the offense or for counseling and education relating
to acquired immune deficiency syndrome or human immunodeficiency
virus made necessary by the offense;
(20) make one payment in an amount not to exceed $50 to
a crime stoppers organization, as defined by Section 414.001,
Government Code, and as certified by the Texas Crime Stoppers
Council;
(21) submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant;
(22) in any manner required by the judge, provide in
the county in which the offense was committed public notice of the
offense for which the defendant was placed on community
supervision; and
(23) reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case.
(Code Crim. Proc., Art. 42.12, Sec. 11(a) (part).)
Art. 42A.302. CONFINEMENT. (a) If a judge having
jurisdiction of a case requires as a condition of community
supervision that the defendant submit to a term of confinement in a
county jail, the term of confinement may not exceed:
(1) 30 days, in a misdemeanor case; or
(2) 180 days, in a felony case.
(b) A judge who requires as a condition of community
supervision that the defendant serve a term of confinement in a
community corrections facility under Subchapter M may not impose a
term of confinement under this article that, if added to the term
imposed under Subchapter M, exceeds 24 months.
(c) A judge may impose a term of confinement as a condition
of community supervision under this article on placing the
defendant on supervision or at any time during the supervision
period. The judge may impose terms of confinement as a condition of
community supervision in increments smaller than the maximum terms
provided by Subsection (a), except that the judge may not impose
terms of confinement that, if added together, exceed the maximum
terms provided by Subsection (a). (Code Crim. Proc., Art. 42.12,
Sec. 12.)
Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a
court places a defendant on community supervision under any
provision of this chapter as an alternative to imprisonment, the
judge may require as a condition of community supervision that the
defendant serve a term of confinement and treatment in a substance
abuse felony punishment facility operated by the Texas Department
of Criminal Justice under Section 493.009, Government Code.
(b) A term of confinement and treatment imposed under this
article must be an indeterminate term of not more than one year or
less than 90 days.
(c) The judge may impose the condition of community
supervision described by this article if:
(1) the defendant is charged with or convicted of a
felony other than:
(A) a felony under Section 21.11, 22.011, or
22.021, Penal Code; or
(B) criminal attempt of a felony under Section
21.11, 22.011, or 22.021, Penal Code; and
(2) the judge makes an affirmative finding that:
(A) drug or alcohol abuse significantly
contributed to the commission of the offense or violation of a
condition of community supervision, as applicable; and
(B) the defendant is a suitable candidate for
treatment, as determined by the suitability criteria established by
the Texas Board of Criminal Justice under Section 493.009(b),
Government Code.
(d) If a judge requires as a condition of community
supervision that the defendant serve a term of confinement and
treatment in a substance abuse felony punishment facility under
this article, the judge shall also require as a condition of
community supervision that on release from the facility the
defendant:
(1) participate in a drug or alcohol abuse continuum
of care treatment plan; and
(2) pay a fee in an amount established by the judge for
residential aftercare required as part of the treatment plan.
(e) The Department of State Health Services shall develop
the continuum of care treatment plan described by Subsection
(d)(1).
(f) The clerk of a court that collects a fee imposed under
Subsection (d)(2) shall deposit the fee to be sent to the
comptroller as provided by Subchapter B, Chapter 133, Local
Government Code, and the comptroller shall deposit the fee into the
general revenue fund. If the clerk does not collect a fee imposed
under Subsection (d)(2), the clerk is not required to file any
report required by the comptroller that relates to the collection
of the fee. In establishing the amount of a fee under Subsection
(d)(2), the judge shall consider fines, fees, and other necessary
expenses for which the defendant is obligated. The judge may not:
(1) establish the fee in an amount that is greater than
25 percent of the defendant's gross income while the defendant is a
participant in residential aftercare; or
(2) require the defendant to pay the fee at any time
other than a time at which the defendant is both employed and a
participant in residential aftercare. (Code Crim. Proc., Art.
42.12, Sec. 14, as amended Acts 73rd Leg., R.S., Ch. 900; Acts 74th
Leg., R.S., Chs. 76, 321; Acts 76th Leg., R.S., Ch. 1188; Acts 78th
Leg., R.S., Chs. 209, 1310.)
Art. 42A.304. COMMUNITY SERVICE. (a) A judge may require
as a condition of community supervision that the defendant work a
specified number of hours at one or more community service projects
for one or more organizations approved by the judge and designated
by the department. The judge may not require the defendant to work
at a community service project if, as determined and noted on the
community supervision order by the judge:
(1) the defendant is physically or mentally incapable
of participating in the project;
(2) participating in the project will cause a hardship
to the defendant or to the defendant's dependents;
(3) the defendant is to be confined in a substance
abuse felony punishment facility as a condition of community
supervision; or
(4) there is other good cause shown.
(b) The amount of community service work ordered by the
judge may not exceed:
(1) 1,000 hours for an offense classified as a first
degree felony;
(2) 800 hours for an offense classified as a second
degree felony;
(3) 600 hours for:
(A) an offense classified as a third degree
felony; or
(B) an offense under Section 30.04, Penal Code,
classified as a Class A misdemeanor;
(4) 400 hours for an offense classified as a state jail
felony;
(5) 200 hours for:
(A) an offense classified as a Class A
misdemeanor, other than an offense described by Subdivision (3)(B);
or
(B) a misdemeanor for which the maximum
permissible confinement, if any, exceeds six months or the maximum
permissible fine, if any, exceeds $4,000; and
(6) 100 hours for:
(A) an offense classified as a Class B
misdemeanor; or
(B) a misdemeanor for which the maximum
permissible confinement, if any, does not exceed six months and the
maximum permissible fine, if any, does not exceed $4,000.
(c) A defendant required to perform community service under
this article is not a state employee for the purposes of Chapter 501
or 504, Labor Code.
(d) If the court makes an affirmative finding under Article
42.014, the judge may order the defendant to perform community
service under this article at a project designated by the judge that
primarily serves the person or group who was the target of the
defendant. If the judge orders community service under this
subsection, the judge shall order the defendant to perform not less
than:
(1) 300 hours of service if the offense is classified
as a felony; or
(2) 100 hours of service if the offense is classified
as a misdemeanor.
(e) A defendant required to perform community service under
this article after conviction of an offense under Section 352.082,
Local Government Code, shall perform 60 hours of service. The
community service must consist of picking up litter in the county in
which the defendant resides or working at a recycling facility if a
program for performing that type of service is available in the
community in which the court is located.
(f) The judge may order a defendant to make a specified
donation to a nonprofit food bank or food pantry in the community in
which the defendant resides instead of requiring the defendant to
work a specified number of hours at one or more community service
projects under Subsection (a). (Code Crim. Proc., Art. 42.12,
Secs. 16(a), (b), (c), (d), (e), (f).)
Art. 42A.305. COMMUNITY OUTREACH. (a) This article
applies only to a defendant placed on community supervision for an
offense involving the possession, manufacture, or delivery of a
controlled substance under Chapter 481, Health and Safety Code.
(b) If a judge orders a defendant to whom this article
applies to perform community service, the judge may authorize the
defendant to perform not more than 30 hours of community outreach
under this article instead of performing hours of community
service.
(c) Community outreach under this article must consist of
working with a secondary school at the direction of the judge to
educate students on the dangers and legal consequences of
possessing, manufacturing, or delivering a controlled substance.
(d) A secondary school is not required to allow a defendant
to perform community outreach at that school.
(e) The judge may not authorize the defendant to perform
hours of community outreach under this article instead of
performing hours of community service if:
(1) the defendant is physically or mentally incapable
of participating in community outreach; or
(2) the defendant is subject to registration as a sex
offender under Chapter 62. (Code Crim. Proc., Art. 42.12, Sec.
16(g).)
Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF STATE. A
judge who receives a defendant for supervision as authorized by
Section 510.017, Government Code, may impose on the defendant any
term of community supervision authorized by this chapter. (Code
Crim. Proc., Art. 42.12, Sec. 19(c) (part).)
Art. 42A.307. ORCHIECTOMY PROHIBITED. A judge may not
require a defendant to undergo an orchiectomy as a condition of
community supervision. (Code Crim. Proc., Art. 42.12, Sec. 11(f).)
SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY
Art. 42A.351. EDUCATIONAL SKILL LEVEL. (a) If the judge or
jury places a defendant on community supervision, the judge shall
require the defendant to demonstrate to the court whether the
defendant has an educational skill level that is equal to or greater
than the average educational skill level of students who have
completed the sixth grade in public schools in this state.
(b) If the judge determines that the defendant has not
attained the educational skill level described by Subsection (a),
the judge shall require as a condition of community supervision
that the defendant attain that level of educational skill, unless
the judge also determines that the defendant lacks the intellectual
capacity or the learning ability to ever achieve that level of
educational skill. (Code Crim. Proc., Art. 42.12, Sec. 11(c).)
Art. 42A.352. DNA SAMPLE. A judge granting community
supervision to a defendant convicted of a felony shall require as a
condition of community supervision that the defendant provide a DNA
sample under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant, unless the
defendant has already submitted the required sample under other
state law. (Code Crim. Proc., Art. 42.12, Sec. 11(j).)
SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
OFFENSES
Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY
SUPERVISION FOR CERTAIN INTOXICATION OFFENSES. (a) A judge
granting community supervision to a defendant convicted of an
offense under Chapter 49, Penal Code, shall require as a condition
of community supervision that the defendant submit to:
(1) not less than 72 hours of continuous confinement
in county jail if the defendant was punished under Section
49.09(a), Penal Code;
(2) not less than five days of confinement in county
jail if the defendant was punished under Section 49.09(a), Penal
Code, and was subject to Section 49.09(h), Penal Code;
(3) not less than 10 days of confinement in county jail
if the defendant was punished under Section 49.09(b), Penal Code;
(4) not less than 30 days of confinement in county jail
if the defendant was convicted of an offense under Section 49.07,
Penal Code; or
(5) a term of confinement of not less than 120 days if
the defendant was convicted of an offense under Section 49.08,
Penal Code.
(b) If a sentence of confinement is imposed on the
revocation of community supervision, the term of confinement served
under Subsection (a) may not be credited toward completion of the
sentence imposed. (Code Crim. Proc., Art. 42.12, Secs. 13(a)
(part), (b), (e).)
Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION AND
REHABILITATION. (a) A judge granting community supervision to a
defendant convicted of an offense under Chapter 49, Penal Code,
shall require as a condition of community supervision that the
defendant submit to an evaluation by a supervision officer or by a
person, program, or facility approved by the Department of State
Health Services for the purpose of having the facility prescribe
and carry out a course of conduct necessary for the rehabilitation
of the defendant's drug or alcohol dependence condition.
(b) If the director of a facility to which a defendant is
referred under Subsection (a) determines that the defendant is not
making a good faith effort to participate in a program of
rehabilitation, the director shall notify the judge who referred
the defendant to the facility of that determination.
(c) If a judge requires as a condition of community
supervision that the defendant participate in a prescribed course
of conduct necessary for the rehabilitation of the defendant's drug
or alcohol dependence condition, the judge shall require that the
defendant pay for all or part of the cost of the rehabilitation
based on the defendant's ability to pay. The judge, in the judge's
discretion, may credit against the fine assessed the cost paid by
the defendant. In determining a defendant's ability to pay the cost
of rehabilitation under this subsection, the judge shall consider
whether the defendant has insurance coverage that will pay for
rehabilitation.
(d) A judge who grants community supervision to a defendant
convicted of an offense under Sections 49.04-49.08, Penal Code,
shall require, if the defendant has not submitted to an evaluation
under Article 42A.257 before receiving community supervision, that
the defendant submit to the evaluation as a condition of community
supervision. If the evaluation indicates to the judge that the
defendant needs treatment for drug or alcohol dependency, the judge
shall require the defendant to submit to that treatment as a
condition of community supervision in a program or facility that:
(1) is approved or licensed by the Department of State
Health Services; or
(2) complies with standards established by the
community justice assistance division of the Texas Department of
Criminal Justice, after consultation by the division with the
Department of State Health Services. (Code Crim. Proc., Art.
42.12, Secs. 13(a) (part), (c), (d), (f).)
Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
OFFENDERS; WAIVER OR EXTENSION OF TIME. (a) A judge who places on
community supervision a defendant convicted of an offense under
Sections 49.04-49.08, Penal Code, shall require as a condition of
community supervision that the defendant attend and successfully
complete, before the 181st day after the date community supervision
is granted, an educational program designed to rehabilitate persons
who have driven while intoxicated that is jointly approved by:
(1) the Department of State Health Services;
(2) the Department of Public Safety;
(3) the traffic safety section of the traffic
operations division of the Texas Department of Transportation; and
(4) the community justice assistance division of the
Texas Department of Criminal Justice.
(b) This article does not apply to a defendant if a jury
recommends community supervision for the defendant and also
recommends that the defendant's driver's license not be suspended.
(c) If the defendant by a motion in writing shows good
cause, the judge may:
(1) waive the educational program requirement; or
(2) to enable the defendant to successfully complete
the program, grant an extension of time that expires not later than
the first anniversary of the beginning date of the defendant's
community supervision.
(d) In determining good cause, the judge may consider but is
not limited to:
(1) the defendant's school and work schedule;
(2) the defendant's health;
(3) the distance that the defendant must travel to
attend an educational program; and
(4) the fact that the defendant resides out of state,
does not have a valid driver's license, or does not have access to
transportation.
(e) The judge shall set out the finding of good cause for
waiver in the judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(h)
(part).)
Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
INTOXICATION OFFENDERS; WAIVER. (a) The judge shall require a
defendant who is punished under Section 49.09, Penal Code, to
attend and successfully complete as a condition of community
supervision an educational program for repeat offenders that is
approved by the Department of State Health Services.
(b) The judge may waive the educational program requirement
only if the defendant by a motion in writing shows good cause. In
determining good cause, the judge may consider:
(1) the defendant's school and work schedule;
(2) the defendant's health;
(3) the distance that the defendant must travel to
attend an educational program; and
(4) whether the defendant resides out of state or does
not have access to transportation.
(c) The judge shall set out the finding of good cause in the
judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(j) (part).)
Art. 42A.405. RULES FOR AND ADMINISTRATION OF EDUCATIONAL
PROGRAMS. (a) The Health and Human Services Commission shall adopt
rules for the educational program under Article 42A.404.
(b) The Department of State Health Services shall:
(1) publish the jointly approved rules for the
educational program under Article 42A.403; and
(2) monitor, coordinate, and provide training to
persons providing the educational programs under this subchapter.
(c) The Department of State Health Services is responsible
for the administration of the certification of approved educational
programs.
(d) The Department of State Health Services may charge a
nonrefundable application fee for the initial certification of
approval or for a renewal of the certification. (Code Crim. Proc.,
Art. 42.12, Secs. 13(h) (part), (j) (part).)
Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
DRIVING RECORD AND LICENSE. (a) If a defendant is required as a
condition of community supervision to attend an educational program
under Article 42A.403 or 42A.404, or if the court waives the
educational program requirement under Article 42A.403, the court
clerk shall immediately report that fact to the Department of
Public Safety, on a form prescribed by the department, for
inclusion in the defendant's driving record. If the court grants an
extension of time in which the defendant may complete the
educational program under Article 42A.403, the court clerk shall
immediately report that fact to the Department of Public Safety on a
form prescribed by the department. The clerk's report under this
subsection must include the beginning date of the defendant's
community supervision.
(b) On the defendant's successful completion of an
educational program under Article 42A.403 or 42A.404, the
defendant's instructor shall give notice to the Department of
Public Safety for inclusion in the defendant's driving record and
to the community supervision and corrections department. The
community supervision and corrections department shall forward the
notice to the court clerk for filing.
(c) If the Department of Public Safety does not receive
notice that a defendant required to complete an educational program
has successfully completed the program within the period required
by the judge under this subchapter, as shown on department records,
the department, as provided by Sections 521.344(e) and (f),
Transportation Code, shall:
(1) revoke the defendant's driver's license; or
(2) prohibit the defendant from obtaining a license.
(d) The Department of Public Safety may not reinstate a
license revoked under Subsection (c) as the result of an
educational program requirement imposed under Article 42A.403
unless the defendant whose license was revoked applies to the
department for reinstatement of the license and pays to the
department a reinstatement fee of $100. The Department of Public
Safety shall remit all fees collected under this subsection to the
comptroller for deposit in the general revenue fund. (Code Crim.
Proc., Art. 42.12, Secs. 13(h) (part), (j) (part).)
Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE. (a) A jury
that recommends community supervision for a defendant convicted of
an offense under Sections 49.04-49.08, Penal Code, may recommend
that any driver's license issued to the defendant under Chapter
521, Transportation Code, not be suspended. This subsection does
not apply to a defendant punished under Section 49.09(a) or (b),
Penal Code, and subject to Section 49.09(h), Penal Code.
(b) Notwithstanding Sections 521.344(d)-(i),
Transportation Code, if under Article 42A.404 the judge requires a
defendant punished under Section 49.09, Penal Code, to attend an
educational program as a condition of community supervision, or
waives the required attendance for the program, and the defendant
has previously been required to attend such an educational program,
or the required attendance at the program had been waived, the judge
shall order the suspension of the defendant's driver's license for a
period determined by the judge according to the following schedule:
(1) not less than 90 days or more than one year, if the
defendant is convicted under Sections 49.04-49.08, Penal Code;
(2) not less than 180 days or more than two years, if
the defendant is punished under Section 49.09(a) or (b), Penal
Code; or
(3) not less than one year or more than two years, if
the defendant is convicted of a second or subsequent offense under
Sections 49.04-49.08, Penal Code, committed within five years of
the date on which the most recent preceding offense was committed.
(c) If the Department of Public Safety receives notice that
a defendant has been required to attend a subsequent educational
program under Article 42A.403 or 42A.404, although the previously
required attendance had been waived, but the judge has not ordered a
period of suspension, the department shall:
(1) suspend the defendant's driver's license; or
(2) issue an order prohibiting the defendant from
obtaining a license for a period of one year.
(d) The judge shall suspend the defendant's driver's license
for a period provided under Subchapter O, Chapter 521,
Transportation Code, if:
(1) a judge revokes the community supervision of the
defendant for:
(A) an offense under Section 49.04, Penal Code;
or
(B) an offense involving the operation of a motor
vehicle under Section 49.07, Penal Code; and
(2) the license has not previously been ordered by the
judge to be suspended, or the suspension was previously probated.
(e) The suspension of a defendant's driver's license under
Subsection (d) shall be reported to the Department of Public Safety
as provided under Section 521.347, Transportation Code.
(f) Notwithstanding any other provision of this subchapter
or other law, a judge who places on community supervision a
defendant who was younger than 21 years of age at the time of the
offense and was convicted for an offense under Sections
49.04-49.08, Penal Code, shall order that the defendant's driver's
license be suspended for 90 days beginning on the date the defendant
is placed on community supervision. (Code Crim. Proc., Art. 42.12,
Secs. 13(g), (k), (l), (m), (n) (part).)
Art. 42A.408. USE OF IGNITION INTERLOCK DEVICE. (a) In
this article, "ignition interlock device" means a device that uses
a deep-lung breath analysis mechanism to make impractical the
operation of the motor vehicle if ethyl alcohol is detected in the
breath of the operator.
(b) The court may require as a condition of community
supervision that a defendant placed on community supervision after
conviction of an offense under Sections 49.04-49.08, Penal Code,
have an ignition interlock device installed on the motor vehicle
owned by the defendant or on the vehicle most regularly driven by
the defendant and that the defendant not operate any motor vehicle
that is not equipped with that device.
(c) The court shall require as a condition of community
supervision that a defendant described by Subsection (b) have an
ignition interlock device installed on the motor vehicle owned by
the defendant or on the vehicle most regularly driven by the
defendant and that the defendant not operate any motor vehicle
unless the vehicle is equipped with that device if:
(1) it is shown on the trial of the offense that an
analysis of a specimen of the defendant's blood, breath, or urine
showed an alcohol concentration level of 0.15 or more at the time
the analysis was performed;
(2) the defendant is placed on community supervision
after conviction of an offense under Sections 49.04-49.06, Penal
Code, for which the defendant is punished under Section 49.09(a) or
(b), Penal Code; or
(3) the court determines under Subsection (d) that the
defendant has one or more previous convictions under Sections
49.04-49.08, Penal Code.
(d) Before placing on community supervision a defendant
convicted of an offense under Sections 49.04-49.08, Penal Code, the
court shall determine from criminal history record information
maintained by the Department of Public Safety whether the defendant
has one or more previous convictions under any of those sections. A
previous conviction may not be used for purposes of restricting a
defendant to the operation of a motor vehicle equipped with an
ignition interlock device under Subsection (c) if:
(1) the previous conviction was a final conviction
under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
Code, and was for an offense committed before the beginning of the
10-year period preceding the date of the instant offense for which
the defendant was convicted and placed on community supervision;
and
(2) the defendant has not been convicted of an offense
under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
Code, committed within the 10-year period preceding the date of the
instant offense for which the defendant was convicted and placed on
community supervision.
(e) Notwithstanding any other provision of this subchapter
or other law, a judge who places on community supervision a
defendant who was younger than 21 years of age at the time of the
offense and was convicted for an offense under Sections
49.04-49.08, Penal Code, shall require as a condition of community
supervision that the defendant not operate any motor vehicle unless
the vehicle is equipped with an ignition interlock device.
(f) The court shall require the defendant to obtain an
ignition interlock device at the defendant's own cost before the
30th day after the date of conviction unless the court finds that to
do so would not be in the best interest of justice and enters its
findings on record. The court shall require the defendant to
provide evidence to the court within the 30-day period that the
device has been installed on the appropriate vehicle and order the
device to remain installed on that vehicle for a period the length
of which is not less than 50 percent of the supervision period. If
the court determines the defendant is unable to pay for the ignition
interlock device, the court may impose a reasonable payment
schedule not to exceed twice the length of the period of the court's
order.
(g) The Department of Public Safety shall approve ignition
interlock devices for use under this article. Section 521.247,
Transportation Code, applies to the approval of a device under this
article and the consequences of that approval.
(h) Notwithstanding any other provision of this subchapter,
if a defendant is required to operate a motor vehicle in the course
and scope of the defendant's employment and if the vehicle is owned
by the employer, the defendant may operate that vehicle without
installation of an approved ignition interlock device if the
employer has been notified of that driving privilege restriction
and if proof of that notification is with the vehicle. The
employment exemption does not apply if the business entity that
owns the vehicle is owned or controlled by the defendant. (Code
Crim. Proc., Art. 42.12, Secs. 13(i) (part), (n) (part).)
Art. 42A.409. COMMUNITY SUPERVISION FOR ENHANCED PUBLIC
INTOXICATION OFFENSE. (a) On conviction of an offense punishable
as a Class C misdemeanor under Section 49.02, Penal Code, for which
punishment is enhanced under Section 12.43(c), Penal Code, based on
previous convictions under Section 49.02 or 42.01, Penal Code, the
court may suspend the imposition of the sentence and place the
defendant on community supervision if the court finds that the
defendant would benefit from community supervision and enters its
finding on the record. The judge may suspend in whole or in part the
imposition of any fine imposed on conviction.
(b) All provisions of this chapter applying to a defendant
placed on community supervision for a misdemeanor apply to a
defendant placed on community supervision under Subsection (a),
except that the court shall require the defendant as a condition of
community supervision to:
(1) submit to diagnostic testing for addiction to
alcohol or a controlled substance or drug;
(2) submit to a psychological assessment;
(3) if indicated as necessary by testing and
assessment, participate in an alcohol or drug abuse treatment or
education program; and
(4) pay the costs of testing, assessment, and
treatment or education, either directly or as a court cost. (Code
Crim. Proc., Art. 42.12, Sec. 15A.)
SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
Art. 42A.451. SEX OFFENDER REGISTRATION; DNA SAMPLE. A
judge granting community supervision to a defendant required to
register as a sex offender under Chapter 62 shall require that the
defendant, as a condition of community supervision:
(1) register under that chapter; and
(2) submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant, unless the
defendant has already submitted the required sample under other
state law. (Code Crim. Proc., Art. 42.12, Sec. 11(e).)
Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR
REHABILITATION. A judge who grants community supervision to a sex
offender evaluated under Article 42A.258 may require the sex
offender as a condition of community supervision to submit to
treatment, specialized supervision, or rehabilitation according to
offense-specific standards of practice adopted by the Council on
Sex Offender Treatment. On a finding that the defendant is
financially able to make payment, the judge shall require the
defendant to pay all or part of the reasonable and necessary costs
of the treatment, supervision, or rehabilitation. (Code Crim.
Proc., Art. 42.12, Sec. 11(i).)
Art. 42A.453. CHILD SAFETY ZONE. (a) In this article,
"playground," "premises," "school," "video arcade facility," and
"youth center" have the meanings assigned by Section 481.134,
Health and Safety Code.
(b) This article applies to a defendant placed on community
supervision for an offense under:
(1) Section 20.04(a)(4), Penal Code, if the defendant
committed the offense with the intent to violate or abuse the victim
sexually;
(2) Section 20A.02, Penal Code, if the defendant:
(A) trafficked the victim with the intent or
knowledge that the victim would engage in sexual conduct, as
defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked victim engaging in sexual conduct, as
defined by Section 43.25, Penal Code;
(3) Section 21.08, 21.11, 22.011, 22.021, or 25.02,
Penal Code;
(4) Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the defendant committed the
offense with the intent to commit a felony listed in Subdivision (1)
or (3); or
(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
(c) If a judge grants community supervision to a defendant
described by Subsection (b) and the judge determines that a child as
defined by Section 22.011(c), Penal Code, was the victim of the
offense, the judge shall establish a child safety zone applicable
to the defendant by requiring as a condition of community
supervision that the defendant:
(1) not:
(A) supervise or participate in any program that:
(i) includes as participants or recipients
persons who are 17 years of age or younger; and
(ii) regularly provides athletic, civic, or
cultural activities; or
(B) go in, on, or within 1,000 feet of a premises
where children commonly gather, including a school, day-care
facility, playground, public or private youth center, public
swimming pool, or video arcade facility; and
(2) attend psychological counseling sessions for sex
offenders with an individual or organization that provides sex
offender treatment or counseling as specified or approved by the
judge or the defendant's supervision officer.
(d) Notwithstanding Subsection (c)(1), a judge is not
required to impose the conditions described by Subsection (c)(1) if
the defendant is a student at a primary or secondary school.
(e) At any time after the imposition of a condition under
Subsection (c)(1), the defendant may request the court to modify
the child safety zone applicable to the defendant because the zone
as created by the court:
(1) interferes with the defendant's ability to attend
school or hold a job and consequently constitutes an undue hardship
for the defendant; or
(2) is broader than is necessary to protect the
public, given the nature and circumstances of the offense.
(f) A supervision officer for a defendant described by
Subsection (b) may permit the defendant to enter on an
event-by-event basis into the child safety zone from which the
defendant is otherwise prohibited from entering if:
(1) the defendant has served at least two years of the
period of community supervision;
(2) the defendant enters the zone as part of a program
to reunite with the defendant's family;
(3) the defendant presents to the supervision officer
a written proposal specifying where the defendant intends to go
within the zone, why and with whom the defendant is going, and how
the defendant intends to cope with any stressful situations that
occur;
(4) the sex offender treatment provider treating the
defendant agrees with the supervision officer that the defendant
should be allowed to attend the event; and
(5) the supervision officer and the treatment provider
agree on a chaperon to accompany the defendant and the chaperon
agrees to perform that duty.
(g) Article 42A.051(b) does not prohibit a supervision
officer from modifying a condition of community supervision by
permitting a defendant to enter a child safety zone under
Subsection (f).
(h) Notwithstanding Subsection (c)(1)(B), a requirement
that a defendant not go in, on, or within 1,000 feet of certain
premises does not apply to a defendant while the defendant is in or
going immediately to or from a:
(1) community supervision and corrections department
office;
(2) premises at which the defendant is participating
in a program or activity required as a condition of community
supervision;
(3) residential facility in which the defendant is
required to reside as a condition of community supervision, if the
facility was in operation as a residence for defendants on
community supervision on June 1, 2003; or
(4) private residence at which the defendant is
required to reside as a condition of community supervision.
(i) A supervision officer who under Subsection (c)(2)
specifies a sex offender treatment provider to provide counseling
to a defendant shall:
(1) contact the provider before the defendant is
released;
(2) establish the date, time, and place of the first
session between the defendant and the provider; and
(3) request the provider to immediately notify the
supervision officer if the defendant fails to attend the first
session or any subsequent scheduled session. (Code Crim. Proc.,
Art. 42.12, Sec. 13B.)
Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED. (a)
This article applies only to a defendant who is required to register
as a sex offender under Chapter 62, by court order or otherwise,
and:
(1) is convicted of or receives a grant of deferred
adjudication community supervision for a violation of Section
21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
Code;
(2) used the Internet or any other type of electronic
device used for Internet access to commit the offense or engage in
the conduct for which the person is required to register under
Chapter 62; or
(3) is assigned a numeric risk level of three based on
an assessment conducted under Article 62.007.
(b) If the court grants community supervision to a defendant
described by Subsection (a), the court as a condition of community
supervision shall prohibit the defendant from using the Internet
to:
(1) access material that is obscene, as defined by
Section 43.21, Penal Code;
(2) access a commercial social networking site, as
defined by Article 62.0061(f);
(3) communicate with any individual concerning sexual
relations with an individual who is younger than 17 years of age; or
(4) communicate with another individual the defendant
knows is younger than 17 years of age.
(c) The court may modify at any time the condition described
by Subsection (b)(4) if:
(1) the condition interferes with the defendant's
ability to attend school or become or remain employed and
consequently constitutes an undue hardship for the defendant; or
(2) the defendant is the parent or guardian of an
individual who is younger than 17 years of age and the defendant is
not otherwise prohibited from communicating with that individual.
(Code Crim. Proc., Art. 42.12, Sec. 13G.)
Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
judge who grants community supervision to a defendant charged with
or convicted of an offense under Section 21.11 or 22.011(a)(2),
Penal Code, may require the defendant to make one payment in an
amount not to exceed $50 to a children's advocacy center
established under Subchapter E, Chapter 264, Family Code. (Code
Crim. Proc., Art. 42.12, Sec. 11(g).)
SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
OFFENDERS
Art. 42A.501. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED
BECAUSE OF BIAS OR PREJUDICE. (a) A court granting community
supervision to a defendant convicted of an offense for which the
court has made an affirmative finding under Article 42.014 shall
require as a term of community supervision that the defendant:
(1) serve a term of not more than one year imprisonment
in the Texas Department of Criminal Justice if the offense is a
felony other than an offense under Section 19.02, Penal Code; or
(2) serve a term of not more than 90 days confinement
in jail if the offense is a misdemeanor.
(b) The court may not grant community supervision on its own
motion or on the recommendation of the jury to a defendant convicted
of an offense for which the court has made an affirmative finding
under Article 42.014 if:
(1) the offense for which the court has made the
affirmative finding is an offense under Section 19.02, Penal Code;
or
(2) the defendant has been previously convicted of an
offense for which the court made an affirmative finding under
Article 42.014. (Code Crim. Proc., Art. 42.12, Sec. 13A.)
Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN VIOLENT
OFFENSES; CHILD SAFETY ZONE. (a) In this article, "playground,"
"premises," "school," "video arcade facility," and "youth center"
have the meanings assigned by Section 481.134, Health and Safety
Code.
(b) A judge granting community supervision to a defendant
convicted of an offense listed in Article 42A.054(a) or for which
the judgment contains an affirmative finding under Article
42A.054(c) or (d) may establish a child safety zone applicable to
the defendant, if the nature of the offense for which the defendant
is convicted warrants the establishment of a child safety zone, by
requiring as a condition of community supervision that the
defendant not:
(1) supervise or participate in any program that:
(A) includes as participants or recipients
persons who are 17 years of age or younger; and
(B) regularly provides athletic, civic, or
cultural activities; or
(2) go in or on, or within a distance specified by the
judge of, a premises where children commonly gather, including a
school, day-care facility, playground, public or private youth
center, public swimming pool, or video arcade facility.
(c) At any time after the imposition of a condition under
Subsection (b), the defendant may request the judge to modify the
child safety zone applicable to the defendant because the zone as
created by the judge:
(1) interferes with the defendant's ability to attend
school or hold a job and consequently constitutes an undue hardship
for the defendant; or
(2) is broader than is necessary to protect the
public, given the nature and circumstances of the offense.
(d) This article does not apply to a defendant described by
Article 42A.453. (Code Crim. Proc., Art. 42.12, Sec. 13D.)
Art. 42A.503. COMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSE
OFFENSES; PROHIBITED CONTACT WITH VICTIM. (a) If the court grants
community supervision to a defendant convicted of an offense
described by Article 17.41(a), the court may require as a condition
of community supervision that the defendant not:
(1) directly communicate with the victim of the
offense; or
(2) go near a residence, school, or other location, as
specifically described in the copy of terms and conditions, that is
frequented by the victim.
(b) In imposing the condition under Subsection (a), the
court may grant the defendant supervised access to the victim.
(c) To the extent that a condition imposed under this
article conflicts with an existing court order granting possession
of or access to a child, the condition imposed under this article
prevails for a period specified by the court granting community
supervision, not to exceed 90 days. (Code Crim. Proc., Art. 42.12,
Sec. 14(a), as amended Acts 73rd Leg., R.S., Ch. 165 (H.B. 119),
Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts 78th Leg., R.S., Ch.
353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113 (S.B. 44).)
Art. 42A.504. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
INVOLVING FAMILY VIOLENCE; SPECIAL CONDITIONS. (a) In this
article:
(1) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(2) "Family violence center" has the meaning assigned
by Section 51.002, Human Resources Code.
(b) If a judge grants community supervision to a defendant
convicted of an offense under Title 5, Penal Code, that the court
determines involves family violence, the judge shall require the
defendant to pay $100 to a family violence center that:
(1) receives state or federal funds; and
(2) serves the county in which the court is located.
(c) If the court grants community supervision to a defendant
convicted of an offense involving family violence, the court may
require the defendant, at the direction of the supervision officer,
to:
(1) attend a battering intervention and prevention
program or counsel with a provider of battering intervention and
prevention services if the program or provider has been accredited
under Section 4A, Article 42.141, as conforming to program
guidelines under that article; or
(2) if the referral option under Subdivision (1) is
not available, attend counseling sessions for the elimination of
violent behavior with a licensed counselor, social worker, or other
professional who has completed family violence intervention
training that the community justice assistance division of the
Texas Department of Criminal Justice has approved, after
consultation with the licensing authorities described by Chapters
152, 501, 502, 503, and 505, Occupations Code, and experts in the
field of family violence.
(d) If the court requires the defendant to attend counseling
or a program, the court shall require the defendant to begin
attendance not later than the 60th day after the date the court
grants community supervision, notify the supervision officer of the
name, address, and phone number of the counselor or program, and
report the defendant's attendance to the supervision officer. The
court shall require the defendant to pay all the reasonable costs of
the counseling sessions or attendance in the program on a finding
that the defendant is financially able to make payment. If the
court finds the defendant is unable to make payment, the court shall
make the counseling sessions or enrollment in the program available
without cost to the defendant. The court may also require the
defendant to pay all or a part of the reasonable costs incurred by
the victim for counseling made necessary by the offense, on a
finding that the defendant is financially able to make payment. The
court may order the defendant to make payments under this
subsection for a period not to exceed one year after the date on
which the order is entered. (Code Crim. Proc., Art. 42.12, Sec.
11(h); Secs. 14(c), (c-1), (c-2), as amended Acts 73rd Leg., R.S.,
Ch. 165 (H.B. 119), Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts
78th Leg., R.S., Ch. 353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113
(S.B. 44).)
Art. 42A.505. COMMUNITY SUPERVISION FOR STALKING OFFENSE;
PROHIBITED CONTACT WITH VICTIM. (a) If the court grants community
supervision to a defendant convicted of an offense under Section
42.072, Penal Code, the court may require as a condition of
community supervision that the defendant not:
(1) communicate directly or indirectly with the
victim; or
(2) go to or near:
(A) the residence, place of employment, or
business of the victim; or
(B) a school, day-care facility, or similar
facility where a dependent child of the victim is in attendance.
(b) If the court requires the prohibition contained in
Subsection (a)(2) as a condition of community supervision, the
court shall specifically describe the prohibited locations and the
minimum distances, if any, that the defendant must maintain from
the locations. (Code Crim. Proc., Art. 42.12, Sec. 11(l).)
Art. 42A.506. COMMUNITY SUPERVISION FOR DEFENDANT WITH
MENTAL IMPAIRMENT. If the judge places a defendant on community
supervision and the defendant is determined to be a person with
mental illness or a person with an intellectual disability, as
provided by Article 16.22 or Chapter 46B or in a psychological
evaluation conducted under Article 42A.253(a)(6), the judge may
require the defendant as a condition of community supervision to
submit to outpatient or inpatient mental health or intellectual
disability treatment if:
(1) the defendant's:
(A) mental impairment is chronic in nature; or
(B) ability to function independently will
continue to deteriorate if the defendant does not receive mental
health or intellectual disability services; and
(2) the judge determines, in consultation with a local
mental health or intellectual disability services provider, that
mental health or intellectual disability services, as appropriate,
are available for the defendant through:
(A) the Department of State Health Services or
the Department of Aging and Disability Services under Section
534.053, Health and Safety Code; or
(B) another mental health or intellectual
disability services provider. (Code Crim. Proc., Art. 42.12, Sec.
11(d).)
Art. 42A.507. COMMUNITY SUPERVISION FOR CERTAIN DEFENDANTS
IDENTIFIED AS MEMBERS OF CRIMINAL STREET GANGS; ELECTRONIC
MONITORING. (a) This article applies only to a defendant who:
(1) is identified as a member of a criminal street gang
in an intelligence database established under Chapter 61; and
(2) has two or more times been previously convicted
of, or received a grant of deferred adjudication community
supervision or another functionally equivalent form of community
supervision or probation for, a felony offense under the laws of
this state, another state, or the United States.
(b) A court granting community supervision to a defendant
described by Subsection (a) may, on the defendant's conviction of a
felony offense, require as a condition of community supervision
that the defendant submit to tracking under an electronic
monitoring service or other appropriate technological service
designed to track a person's location. (Code Crim. Proc., Art.
42.12, Sec. 13E.)
Art. 42A.508. COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED
CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE. A
court granting community supervision to a defendant convicted of an
offense under Chapter 71, Penal Code, may impose as a condition of
community supervision restrictions on the defendant's operation of
a motor vehicle, including specifying:
(1) hours during which the defendant may not operate a
motor vehicle; and
(2) locations at or in which the defendant may not
operate a motor vehicle. (Code Crim. Proc., Art. 42.12, Sec. 13F.)
Art. 42A.509. COMMUNITY SUPERVISION FOR GRAFFITI OFFENSE.
A court granting community supervision to a defendant convicted of
an offense under Section 28.08, Penal Code, shall require as a
condition of community supervision that the defendant perform:
(1) at least 15 hours of community service if the
amount of pecuniary loss resulting from the commission of the
offense is $50 or more but less than $500; or
(2) at least 30 hours of community service if the
amount of pecuniary loss resulting from the commission of the
offense is $500 or more. (Code Crim. Proc., Art. 42.12, Sec.
11(k).)
Art. 42A.510. COMMUNITY SUPERVISION FOR ENHANCED
DISORDERLY CONDUCT OFFENSE. (a) On conviction of an offense
punishable as a Class C misdemeanor under Section 42.01, Penal
Code, for which punishment is enhanced under Section 12.43(c),
Penal Code, based on previous convictions under Section 42.01 or
49.02, Penal Code, the court may suspend the imposition of the
sentence and place the defendant on community supervision if the
court finds that the defendant would benefit from community
supervision and enters its finding on the record. The judge may
suspend in whole or in part the imposition of any fine imposed on
conviction.
(b) All provisions of this chapter applying to a defendant
placed on community supervision for a misdemeanor apply to a
defendant placed on community supervision under this article,
except that the court shall require the defendant as a condition of
community supervision to:
(1) submit to diagnostic testing for addiction to
alcohol or a controlled substance or drug;
(2) submit to a psychological assessment;
(3) if indicated as necessary by testing and
assessment, participate in an alcohol or drug abuse treatment or
education program; and
(4) pay the costs of testing, assessment, and
treatment or education, either directly or as a court cost. (Code
Crim. Proc., Art. 42.12, Sec. 15A.)
Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
INVOLVING ANIMALS. If a judge grants community supervision to a
defendant convicted of an offense under Section 42.09, 42.091,
42.092, or 42.10, Penal Code, the judge may require the defendant to
attend a responsible pet owner course sponsored by a municipal
animal shelter, as defined by Section 823.001, Health and Safety
Code, that:
(1) receives federal, state, county, or municipal
funds; and
(2) serves the county in which the court is located.
(Code Crim. Proc., Art. 42.12, Sec. 11(m).)
Art. 42A.512. COMMUNITY SUPERVISION FOR ELECTRONIC
TRANSMISSION OF CERTAIN VISUAL MATERIAL. (a) In this article,
"parent" means a natural or adoptive parent, managing or possessory
conservator, or legal guardian. The term does not include a parent
whose parental rights have been terminated.
(b) If a judge grants community supervision to a defendant
who is convicted of or charged with an offense under Section 43.261,
Penal Code, the judge may require as a condition of community
supervision that the defendant attend and successfully complete an
educational program described by Section 37.218, Education Code, or
another equivalent educational program.
(c) The court shall require the defendant or the defendant's
parent to pay the cost of attending an educational program under
Subsection (b) if the court determines that the defendant or the
defendant's parent is financially able to make payment. (Code
Crim. Proc., Art. 42.12, Sec. 13H.)
Art. 42A.513. COMMUNITY SUPERVISION FOR MAKING FIREARM
ACCESSIBLE TO CHILD. (a) A court granting community supervision to
a defendant convicted of an offense under Section 46.13, Penal
Code, may require as a condition of community supervision that the
defendant:
(1) provide an appropriate public service activity
designated by the court; or
(2) attend a firearms safety course that meets or
exceeds the requirements set by the National Rifle Association as
of January 1, 1995, for a firearms safety course that requires not
more than 17 hours of instruction.
(b) The court shall require the defendant to pay the cost of
attending the firearms safety course under Subsection (a)(2).
(Code Crim. Proc., Art. 42.12, Sec. 13C.)
SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION;
EXECUTION OF SENTENCE. (a) Except as otherwise provided by
Subsection (b) or (c), on conviction of a state jail felony under
Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
punished under Section 12.35(a), Penal Code, the judge shall
suspend the imposition of the sentence and place the defendant on
community supervision.
(b) If the defendant has been previously convicted of a
felony, other than a felony punished under Section 12.44(a), Penal
Code, or if the conviction resulted from an adjudication of the
guilt of a defendant previously placed on deferred adjudication
community supervision for the offense, the judge may:
(1) suspend the imposition of the sentence and place
the defendant on community supervision; or
(2) order the sentence to be executed.
(c) Subsection (a) does not apply to a defendant who:
(1) under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
substance;
(2) under Section 481.1161(b)(3), Health and Safety
Code, possessed more than one pound, by aggregate weight, including
adulterants or dilutants, of the controlled substance; or
(3) under Section 481.121(b)(3), Health and Safety
Code, possessed more than one pound of marihuana.
(d) On conviction of a state jail felony punished under
Section 12.35(a), Penal Code, other than a state jail felony listed
in Subsection (a), subject to Subsection (e), the judge may:
(1) suspend the imposition of the sentence and place
the defendant on community supervision; or
(2) order the sentence to be executed:
(A) in whole; or
(B) in part, with a period of community
supervision to begin immediately on release of the defendant from
confinement.
(e) In any case in which the jury assesses punishment, the
judge must follow the recommendations of the jury in suspending the
imposition of a sentence or ordering a sentence to be executed. If
a jury assessing punishment does not recommend community
supervision, the judge must order the sentence to be executed in
whole.
(f) A defendant is considered to be finally convicted if the
judge orders the sentence to be executed under Subsection (d)(2),
regardless of whether the judge orders the sentence to be executed
in whole or only in part.
(g) The judge may suspend in whole or in part the imposition
of any fine imposed on conviction. (Code Crim. Proc., Art. 42.12,
Sec. 15(a).)
Art. 42A.552. REVIEW OF PRESENTENCE REPORT. Before
imposing a sentence in a state jail felony case in which the judge
assesses punishment, the judge shall:
(1) review the presentence report prepared for the
defendant under Subchapter F; and
(2) determine whether the best interests of justice
require the judge to:
(A) suspend the imposition of the sentence and
place the defendant on community supervision; or
(B) order the sentence to be executed in whole or
in part as provided by Article 42A.551(d). (Code Crim. Proc., Art.
42.12, Sec. 15(c)(1) (part).)
Art. 42A.553. MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
SUPERVISION; EXTENSION. (a) The minimum period of community
supervision a judge may impose under this subchapter is two years.
The maximum period of community supervision a judge may impose
under this subchapter is five years, except that the judge may
extend the maximum period of community supervision under this
subchapter to not more than 10 years.
(b) A judge may extend a period of community supervision
under this subchapter:
(1) at any time during the period of community
supervision; or
(2) before the first anniversary of the date the
period of community supervision ends, if a motion for revocation of
community supervision is filed before the date the period of
community supervision ends. (Code Crim. Proc., Art. 42.12, Sec.
15(b).)
Art. 42A.554. CONDITIONS OF COMMUNITY SUPERVISION. (a) A
judge assessing punishment in a state jail felony case may impose
any condition of community supervision on the defendant that the
judge could impose on a defendant placed on supervision for an
offense other than a state jail felony.
(b) If the judge suspends the execution of the sentence or
orders the execution of the sentence only in part as provided by
Article 42A.551(d), the judge shall impose conditions of community
supervision consistent with the recommendations contained in the
presentence report prepared for the defendant under Subchapter F.
(c) Except as otherwise provided by this subsection, a judge
who places a defendant on community supervision for an offense
listed in Article 42A.551(a) shall require the defendant to comply
with substance abuse treatment conditions that are consistent with
standards adopted by the Texas Board of Criminal Justice under
Section 509.015, Government Code. A judge is not required to impose
the substance abuse treatment conditions if the judge makes an
affirmative finding that the defendant does not require imposition
of the conditions to successfully complete the period of community
supervision. (Code Crim. Proc., Art. 42.12, Secs. 15(c)(1) (part),
(2), (3).)
Art. 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY
SUPERVISION. (a) A judge assessing punishment in a state jail
felony case may impose as a condition of community supervision that
a defendant submit at the beginning of the period of community
supervision to a term of confinement in a state jail felony facility
for a term of:
(1) not less than 90 days or more than 180 days; or
(2) not less than 90 days or more than one year, if the
defendant is convicted of an offense punishable as a state jail
felony under Section 481.112, 481.1121, 481.113, or 481.120, Health
and Safety Code.
(b) A judge may not require a defendant to submit to both the
term of confinement authorized by this article and a term of
confinement under Subchapter C or Article 42A.302. (Code Crim.
Proc., Art. 42.12, Secs. 15(c)(1) (part), (d) (part).)
Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
COMMUNITY SUPERVISION. If in a state jail felony case a defendant
violates a condition of community supervision imposed under this
chapter and after a hearing under Article 42A.751(d) the judge
modifies the defendant's community supervision, the judge may
impose any sanction permitted by Article 42A.752, except that if
the judge requires a defendant to serve a term of confinement in a
state jail felony facility as a modification of the defendant's
community supervision, the minimum term of confinement is 90 days
and the maximum term of confinement is 180 days. (Code Crim. Proc.,
Art. 42.12, Sec. 15(e).)
Art. 42A.557. REPORT BY DIRECTOR OF FACILITY. The facility
director of a state jail felony facility shall report to a judge who
orders a defendant confined in the facility as a condition of
community supervision or as a sanction imposed on a modification of
community supervision under Article 42A.556 not less than every 90
days on the defendant's programmatic progress, conduct, and
conformity to the rules of the facility. (Code Crim. Proc., Art.
42.12, Sec. 15(g).)
Art. 42A.558. REVOCATION; OPTIONS REGARDING EXECUTION OF
SENTENCE. (a) If in a state jail felony case a defendant violates a
condition of community supervision imposed under this chapter and
after a hearing under Article 42A.751(d) the judge revokes the
defendant's community supervision, the judge shall dispose of the
case in the manner provided by Article 42A.755.
(b) The court retains jurisdiction over the defendant for
the period during which the defendant is confined in a state jail
felony facility. At any time after the 75th day after the date the
defendant is received into the custody of a state jail felony
facility, the judge on the judge's own motion, on the motion of the
attorney representing the state, or on the motion of the defendant
may suspend further execution of the sentence and place the
defendant on community supervision under the conditions of this
subchapter.
(c) When the defendant or the attorney representing the
state files a written motion requesting the judge to suspend
further execution of the sentence and place the defendant on
community supervision, the clerk of the court, if requested to do so
by the judge, shall request a copy of the defendant's record while
confined from the facility director of the state jail felony
facility in which the defendant is confined or, if the defendant is
confined in county jail, from the sheriff. On receipt of the
request, the facility director or the sheriff shall forward a copy
of the record to the judge as soon as possible.
(d) When the defendant files a written motion requesting the
judge to suspend further execution of the sentence and place the
defendant on community supervision, the defendant shall
immediately deliver or cause to be delivered a copy of the motion to
the office of the attorney representing the state. The judge may
deny the motion without holding a hearing but may not grant the
motion without holding a hearing and providing the attorney
representing the state and the defendant the opportunity to present
evidence on the motion. (Code Crim. Proc., Art. 42.12, Sec. 15(f).)
Art. 42A.559. CREDITS FOR TIME SERVED. (a) For purposes of
this article, "diligent participation" includes:
(1) successful completion of an educational,
vocational, or treatment program;
(2) progress toward successful completion of an
educational, vocational, or treatment program that was interrupted
by illness, injury, or another circumstance outside the control of
the defendant; and
(3) active involvement in a work program.
(b) 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
Subsection (f).
(c) A judge:
(1) may credit against any time a defendant is
required to serve in a state jail felony facility time served in a
county jail from the time of the defendant's arrest and confinement
until sentencing by the trial court; and
(2) shall credit against any time a defendant is
required to serve in a state jail felony facility time served before
sentencing in a substance abuse felony punishment facility operated
by the Texas Department of Criminal Justice under Section 493.009,
Government Code, or other court-ordered residential program or
facility as a condition of deferred adjudication community
supervision, but only if the defendant successfully completes the
treatment program in that facility.
(d) A judge shall credit against any time a defendant is
subsequently required to serve in a state jail felony facility
after revocation of community supervision time served after
sentencing:
(1) in a state jail felony facility; or
(2) in a substance abuse felony punishment facility
operated by the Texas Department of Criminal Justice under Section
493.009, Government Code, or other court-ordered residential
program or facility if the defendant successfully completes the
treatment program in that facility.
(e) For a defendant who has participated in an educational,
vocational, treatment, or work program while confined in a state
jail felony facility, not later than the 30th day before the date on
which the defendant will have served 80 percent of the defendant's
sentence, the Texas Department of Criminal Justice shall report to
the sentencing court the number of days during which the defendant
diligently participated in any educational, vocational, treatment,
or work program. The contents of a report submitted under this
subsection are not subject to challenge by a defendant.
(f) A judge, based on the report received under Subsection
(e), may credit against any time a defendant is required to serve in
a state jail felony facility additional time for each day the
defendant actually served in the facility while diligently
participating in an educational, vocational, treatment, or work
program. A time credit under this subsection 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
time credit under this subsection for any period during which the
defendant is subject to disciplinary action. A time credit under
this subsection is a privilege and not a right. (Code Crim. Proc.,
Art. 42.12, Sec. 15(h).)
Art. 42A.560. MEDICAL RELEASE. (a) If a defendant is
convicted of a state jail felony and the sentence is executed, the
judge sentencing the defendant may release the defendant to a
medically suitable placement if the judge determines that the
defendant does not constitute a threat to public safety and the
Texas Correctional Office on Offenders with Medical or Mental
Impairments:
(1) in coordination with the Correctional Managed
Health Care Committee, prepares a case summary and medical report
that identifies the defendant as:
(A) being a person who is elderly or terminally
ill or a person with a physical disability;
(B) being a person with mental illness or an
intellectual disability; or
(C) having a condition requiring long-term care;
and
(2) in cooperation with the community supervision and
corrections department serving the sentencing court, prepares for
the defendant a medically recommended intensive supervision and
continuity of care plan that:
(A) ensures appropriate supervision of the
defendant by the community supervision and corrections department;
and
(B) requires the defendant to remain under the
care of a physician at and reside in a medically suitable placement.
(b) The Texas Correctional Office on Offenders with Medical
or Mental Impairments shall submit to a judge who releases a
defendant to an appropriate medical care facility under Subsection
(a) a quarterly status report concerning the defendant's medical
and treatment status.
(c) If a defendant released to a medically suitable
placement under Subsection (a) violates the terms of that release,
the judge may dispose of the matter as provided by Articles 42A.556
and 42A.558(a). (Code Crim. Proc., Art. 42.12, Secs. 15(i), as
added Acts 80th Leg., R.S., Ch. 1308, (j), as added Acts 80th Leg.,
R.S., Ch. 1308, (k).)
Art. 42A.561. MEDICAL RELEASE. (a) If a defendant is
convicted of a state jail felony and the sentence is executed, the
judge sentencing the defendant may release the defendant to a
medical care facility or medical treatment program if the Texas
Correctional Office on Offenders with Medical or Mental
Impairments:
(1) identifies the defendant as:
(A) being a person who is elderly or terminally
ill or a person with a physical disability;
(B) being a person with mental illness or an
intellectual disability; or
(C) having a condition requiring long-term care;
and
(2) in cooperation with the community supervision and
corrections department serving the sentencing court, prepares for
the defendant a medically recommended intensive supervision plan
that:
(A) ensures appropriate supervision of the
defendant; and
(B) requires the defendant to remain under the
care of a physician at the facility or in the program.
(b) If a defendant released to a medical care facility or
medical treatment program under Subsection (a) violates the terms
of that release, the judge may dispose of the matter as provided by
Articles 42A.556 and 42A.558(a). (Code Crim. Proc., Art. 42.12,
Secs. 15(i), as added Acts 80th Leg., R.S., Ch. 617, (j), as added
Acts 80th Leg., R.S., Ch. 617.)
SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
Art. 42A.601. DEFINITION. In this subchapter, "community
corrections facility" has the meaning assigned by Section 509.001,
Government Code. (Code Crim. Proc., Art. 42.12, Sec. 18(a).)
Art. 42A.602. MAXIMUM TERM OR TERMS OF CONFINEMENT. (a) If
a judge requires as a condition of community supervision or
participation in a drug court program established under Chapter
123, Government Code, or former law that the defendant serve a term
of confinement in a community corrections facility, the term may
not exceed 24 months.
(b) A judge who requires as a condition of community
supervision that the defendant serve a term of confinement in a
community corrections facility may not impose a subsequent term of
confinement in a community corrections facility or jail during the
same supervision period that, if added to the terms previously
imposed, exceeds 36 months. (Code Crim. Proc., Art. 42.12, Secs.
18(b), (h).)
Art. 42A.603. EFFECT OF REVOCATION ON CREDIT FOR TIME SPENT
IN FACILITY. A defendant granted community supervision under this
chapter and required as a condition of community supervision to
serve a term of confinement under this subchapter may not earn good
conduct credit for time spent in a community corrections facility
or apply time spent in the facility toward completion of a prison
sentence if the community supervision is revoked. (Code Crim.
Proc., Art. 42.12, Sec. 18(c).)
Art. 42A.604. EVALUATION OF DEFENDANT'S BEHAVIOR AND
ATTITUDE. (a) As directed by the judge, the community corrections
facility director shall file with the community supervision and
corrections department director or administrator of a drug court
program, as applicable, a copy of an evaluation made by the facility
director of the defendant's behavior and attitude at the facility.
The community supervision and corrections department director or
program administrator shall examine the evaluation, make written
comments on the evaluation that the director or administrator
considers relevant, and file the evaluation and comments with the
judge who granted community supervision to the defendant or placed
the defendant in a drug court program. If the evaluation indicates
that the defendant has made significant progress toward compliance
with court-ordered conditions of community supervision or
objectives of placement in the drug court program, as applicable,
the judge may release the defendant from the community corrections
facility. A defendant who served a term in the facility as a
condition of community supervision shall serve the remainder of the
defendant's community supervision under any terms and conditions
the court imposes under this chapter.
(b) Not later than 18 months after the date on which a
defendant is granted community supervision under this chapter and
required as a condition of community supervision to serve a term of
confinement under this subchapter, the community corrections
facility director shall file with the community supervision and
corrections department director a copy of an evaluation made by the
facility director of the defendant's behavior and attitude at the
facility. The community supervision and corrections department
director shall examine the evaluation, make written comments on the
evaluation that the director considers relevant, and file the
evaluation and comments with the judge who granted community
supervision to the defendant. If the report indicates that the
defendant has made significant progress toward court-ordered
conditions of community supervision, the judge shall modify the
judge's sentence and release the defendant in the same manner as
provided by Subsection (a). If the report indicates that the
defendant would benefit from continued participation in the
community corrections facility program, the judge may order the
defendant to remain at the community corrections facility for a
period determined by the judge. If the report indicates that the
defendant has not made significant progress toward rehabilitation,
the judge may revoke community supervision and order the defendant
to serve the term of confinement specified in the defendant's
sentence. (Code Crim. Proc., Art. 42.12, Secs. 18(d), (e).)
Art. 42A.605. PLACEMENT IN COMMUNITY SERVICE PROJECT. If
ordered by the judge who placed the defendant on community
supervision, a community corrections facility director shall
attempt to place a defendant as a worker in a community service
project of a type described by Article 42A.304. (Code Crim. Proc.,
Art. 42.12, Sec. 18(f).)
Art. 42A.606. CONFINEMENT REQUIRED; EXCEPTIONS. A
defendant participating in a program under this subchapter must be
confined in the community corrections facility at all times except
for time spent:
(1) attending and traveling to and from:
(A) an education or rehabilitation program as
ordered by the court; or
(B) a community service project;
(2) away from the facility for purposes described by
this subchapter; and
(3) traveling to and from work, if applicable. (Code
Crim. Proc., Art. 42.12, Sec. 18(g).)
Art. 42A.607. DISPOSITION OF SALARY. If a defendant who is
required as a condition of community supervision to serve a term of
confinement under this subchapter is not required by the judge to
deliver the defendant's salary to the restitution center director,
the employer of the defendant shall deliver the salary to the
director. The director shall deposit the salary into a fund to be
given to the defendant on release after the director deducts:
(1) the cost to the center for the defendant's food,
housing, and supervision;
(2) the necessary expense for the defendant's travel
to and from work and community service projects, and other
incidental expenses of the defendant;
(3) support of the defendant's dependents; and
(4) restitution to the victims of an offense committed
by the defendant. (Code Crim. Proc., Art. 42.12, Sec. 18(i).)
SUBCHAPTER N. PAYMENTS; FEES
Art. 42A.651. PAYMENT AS CONDITION OF COMMUNITY
SUPERVISION. (a) A judge may not order a defendant to make a
payment as a term or condition of community supervision, except
for:
(1) the payment of fines, court costs, or restitution
to the victim; or
(2) a payment ordered as a condition that relates
personally to the rehabilitation of the defendant or that is
otherwise expressly authorized by law.
(b) A defendant's obligation to pay a fine or court cost as
ordered by a judge is independent of any requirement to pay the fine
or court cost as a condition of the defendant's community
supervision. A defendant remains obligated to pay any unpaid fine
or court cost after the expiration of the defendant's period of
community supervision. (Code Crim. Proc., Art. 42.12, Secs. 11(b)
(part), (b-1).)
Art. 42A.652. MONTHLY FEE. (a) Except as otherwise
provided by this article, a judge who grants community supervision
to a defendant shall set a fee of not less than $25 and not more than
$60 to be paid each month during the period of community supervision
by the defendant to:
(1) the court of original jurisdiction; or
(2) the court accepting jurisdiction of the
defendant's case, if jurisdiction is transferred under Article
42A.151.
(b) The judge may make payment of the monthly fee a
condition of granting or continuing the community supervision. The
judge may waive or reduce the fee or suspend a monthly payment of
the fee if the judge determines that payment of the fee would cause
the defendant a significant financial hardship.
(c) A court accepting jurisdiction of a defendant's case
under Article 42A.151 shall enter an order directing the defendant
to pay the monthly fee to that court instead of to the court of
original jurisdiction. To the extent of any conflict between an
order issued under this subsection and an order issued by a court of
original jurisdiction, the order entered under this subsection
prevails.
(d) A judge who receives a defendant for supervision as
authorized by Section 510.017, Government Code, may require the
defendant to pay the fee authorized by this article.
(e) A judge may not require a defendant to pay the fee under
this article for any month after the period of community
supervision has been terminated by the judge under Article 42A.701.
(f) A judge shall deposit any fee received under this
article in the special fund of the county treasury, to be used for
the same purposes for which state aid may be used under Chapter 76,
Government Code. (Code Crim. Proc., Art. 42.12, Secs. 19(a),
(a-1), (b), (c) (part), (g).)
Art. 42A.653. ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
OFFENDERS. (a) A judge who grants community supervision to a
defendant convicted of an offense under Section 21.08, 21.11,
22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require
as a condition of community supervision that the defendant pay to
the defendant's supervision officer a community supervision fee of
$5 each month during the period of community supervision.
(b) A fee imposed under this article is in addition to court
costs or any other fee imposed on the defendant.
(c) A community supervision and corrections department
shall deposit a fee collected under this article to be sent to the
comptroller as provided by Subchapter B, Chapter 133, Local
Government Code. The comptroller shall deposit the fee in the
sexual assault program fund under Section 420.008, Government Code.
(d) If a community supervision and corrections department
does not collect a fee imposed under this article, the department is
not required to file any report required by the comptroller that
relates to the collection of the fee. (Code Crim. Proc., Art.
42.12, Secs. 19(e), (f), as amended Acts 78th Leg., R.S., Chs. 209,
1310.)
Art. 42A.654. FEES DUE ON CONVICTION. For the purpose of
determining when fees due on conviction are to be paid to any
officer, the placement of a defendant on community supervision is
considered a final disposition of the case, without the necessity
of waiting for the termination of the period of community
supervision. (Code Crim. Proc., Art. 42.12, Sec. 19(d).)
Art. 42A.655. ABILITY TO PAY. The court shall consider the
defendant's ability to pay in ordering the defendant to make any
payments under this chapter. (Code Crim. Proc., Art. 42.12, Sec.
11(b) (part).)
SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
PERIOD
Art. 42A.701. REDUCTION OR TERMINATION OF COMMUNITY
SUPERVISION PERIOD. (a) At any time after the defendant has
satisfactorily completed one-third of the original community
supervision period or two years of community supervision, whichever
is less, the judge may reduce or terminate the period of community
supervision.
(b) On completion of one-half of the original community
supervision period or two years of community supervision, whichever
is more, the judge shall review the defendant's record and consider
whether to reduce or terminate the period of community supervision,
unless the defendant:
(1) is delinquent in paying required costs, fines,
fees, or restitution that the defendant has the ability to pay; or
(2) has not completed court-ordered counseling or
treatment.
(c) Before reducing or terminating a period of community
supervision or conducting a review under this article, the judge
shall notify the attorney representing the state and the defendant
or, if the defendant has an attorney, the defendant's attorney.
(d) If the judge determines that the defendant has failed to
satisfactorily fulfill the conditions of community supervision,
the judge shall advise the defendant in writing of the requirements
for satisfactorily fulfilling those conditions.
(e) On the satisfactory fulfillment of the conditions of
community supervision and the expiration of the period of community
supervision, the judge by order shall:
(1) amend or modify the original sentence imposed, if
necessary, to conform to the community supervision period; and
(2) discharge the defendant.
(f) If the judge discharges the defendant under this
article, the judge may set aside the verdict or permit the defendant
to withdraw the defendant's plea. A judge acting under this
subsection shall dismiss the accusation, complaint, information,
or indictment against the defendant. A defendant who receives a
discharge and dismissal under this subsection is released from all
penalties and disabilities resulting from the offense of which the
defendant has been convicted or to which the defendant has pleaded
guilty, except that:
(1) proof of the conviction or plea of guilty shall be
made known to the judge if the defendant is convicted of any
subsequent offense; and
(2) if the defendant is an applicant for or the holder
of a license under Chapter 42, Human Resources Code, the Department
of Family and Protective Services may consider the fact that the
defendant previously has received community supervision under this
chapter in issuing, renewing, denying, or revoking a license under
Chapter 42, Human Resources Code.
(g) This article does not apply to a defendant convicted of:
(1) an offense under Sections 49.04-49.08, Penal Code;
(2) an offense the conviction of which requires
registration as a sex offender under Chapter 62; or
(3) a felony described by Article 42A.054. (Code
Crim. Proc., Art. 42.12, Sec. 20.)
Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN
CONDITIONS OF COMMUNITY SUPERVISION. (a) This article applies
only to a defendant who:
(1) is granted community supervision, including
deferred adjudication community supervision, for an offense
punishable as a state jail felony or a felony of the third degree,
other than an offense:
(A) included as a "reportable conviction or
adjudication" under Article 62.001(5);
(B) involving family violence as defined by
Section 71.004, Family Code;
(C) under Section 20.03 or 28.02, Penal Code; or
(D) under Chapter 49, Penal Code;
(2) is not delinquent in paying required costs, fines,
or fees; and
(3) has fully satisfied any order to pay restitution
to a victim.
(b) A defendant described by Subsection (a) is entitled to
receive any combination of time credits toward the completion of
the defendant's period of community supervision in accordance with
this article if the court ordered the defendant as a condition of
community supervision to:
(1) make a payment described by Subsection (c);
(2) complete a treatment or rehabilitation program
described by Subsection (d); or
(3) earn a diploma, certificate, or degree described
by Subsection (e).
(c) A defendant is entitled to time credits toward the
completion of the defendant's period of community supervision for
the full payment of court costs, fines, attorney's fees, and
restitution as follows:
(1) court costs: 15 days;
(2) fines: 30 days;
(3) attorney's fees: 30 days; and
(4) restitution: 60 days.
(d) A defendant is entitled to time credits toward the
completion of the defendant's period of community supervision for
the successful completion of treatment or rehabilitation programs
as follows:
(1) parenting class or parental responsibility
program: 30 days;
(2) anger management program: 30 days;
(3) life skills training program: 30 days;
(4) vocational, technical, or career education or
training program: 60 days; and
(5) alcohol or substance abuse counseling or
treatment: 90 days.
(e) A defendant is entitled to time credits toward the
completion of the defendant's period of community supervision for
earning the following diplomas, certificates, or degrees:
(1) a high school diploma or high school equivalency
certificate: 90 days; and
(2) an associate's degree: 120 days.
(f) A defendant's supervision officer shall notify the
court if one or more time credits under this article, cumulated with
the amount of the original community supervision period the
defendant has completed, allow or require the court to conduct a
review of the defendant's community supervision under Article
42A.701. On receipt of the notice from the supervision officer, the
court shall conduct the review of the defendant's community
supervision to determine if the defendant is eligible for a
reduction or termination of community supervision under Article
42A.701, taking into account any time credits to which the
defendant is entitled under this article in determining if the
defendant has completed, as applicable:
(1) the lesser of one-third of the original community
supervision period or two years of community supervision; or
(2) the greater of one-half of the original community
supervision period or two years of community supervision.
(g) A court may order that some or all of the time credits to
which a defendant is entitled under this article be forfeited if,
before the expiration of the original period or a reduced period of
community supervision, the court:
(1) after a hearing under Article 42A.751(d), finds
that a defendant violated one or more conditions of community
supervision; and
(2) modifies or continues the defendant's period of
community supervision under Article 42A.752 or revokes the
defendant's community supervision under Article 42A.755. (Code
Crim. Proc., Art. 42.12, Sec. 20A.)
SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
Art. 42A.751. VIOLATION OF CONDITIONS OF COMMUNITY
SUPERVISION; DETENTION AND HEARING. (a) At any time during the
period of community supervision, the judge may issue a warrant for a
violation of any condition of community supervision and cause a
defendant convicted under Section 43.02, Penal Code, Chapter 481,
Health and Safety Code, or Sections 485.031 through 485.035, Health
and Safety Code, or placed on deferred adjudication community
supervision after being charged with one of those offenses, to be
subject to:
(1) the control measures of Section 81.083, Health and
Safety Code; and
(2) the court-ordered-management provisions of
Subchapter G, Chapter 81, Health and Safety Code.
(b) At any time during the period of community supervision,
the judge may issue a warrant for a violation of any condition of
community supervision and cause the defendant to be arrested. Any
supervision officer, police officer, or other officer with the
power of arrest may arrest the defendant with or without a warrant
on the order of the judge to be noted on the docket of the court.
Subject to Subsection (c), a defendant arrested under this
subsection may be detained in the county jail or other appropriate
place of confinement until the defendant can be taken before the
judge for a determination regarding the alleged violation. The
arresting officer shall immediately report the arrest and detention
to the judge.
(c) Without any unnecessary delay, but not later than 48
hours after the defendant is arrested, the arresting officer or the
person with custody of the defendant shall take the defendant
before the judge who ordered the arrest for the alleged violation of
a condition of community supervision or, if the judge is
unavailable, before a magistrate of the county in which the
defendant was arrested. The judge or magistrate shall perform all
appropriate duties and may exercise all appropriate powers as
provided by Article 15.17 with respect to an arrest for a new
offense, except that only the judge who ordered the arrest for the
alleged violation may authorize the defendant's release on
bail. The defendant may be taken before the judge or magistrate
under this subsection by means of an electronic broadcast system as
provided by and subject to the requirements of Article 15.17.
(d) If the defendant has not been released on bail as
permitted under Subsection (c), on motion by the defendant, the
judge who ordered the arrest for the alleged violation of a
condition of community supervision shall cause the defendant to be
brought before the judge for a hearing on the alleged violation
within 20 days of the date the motion is filed. After a hearing
without a jury, the judge may continue, extend, modify, or revoke
the community supervision.
(e) A judge may revoke without a hearing the community
supervision of a defendant who is imprisoned in a penal institution
if the defendant in writing before a court of record in the
jurisdiction where the defendant is imprisoned:
(1) waives the defendant's right to a hearing and to
counsel;
(2) affirms that the defendant has nothing to say as to
why sentence should not be pronounced against the defendant; and
(3) requests the judge to revoke community supervision
and to pronounce sentence.
(f) In a felony case, the state may amend the motion to
revoke community supervision at any time before the seventh day
before the date of the revocation hearing, after which time the
motion may not be amended except for good cause shown. The state
may not amend the motion after the commencement of taking evidence
at the revocation hearing.
(g) The judge may continue the revocation hearing for good
cause shown by either the defendant or the state.
(h) The court may not revoke the community supervision of a
defendant if, at the revocation hearing, the court finds that the
only evidence supporting the alleged violation of a condition of
community supervision is the uncorroborated results of a polygraph
examination.
(i) In a revocation hearing at which it is alleged only that
the defendant violated the conditions of community supervision by
failing to pay compensation paid to appointed counsel, community
supervision fees, or court costs, the state must prove by a
preponderance of the evidence that the defendant was able to pay and
did not pay as ordered by the judge.
(j) The court may order a community supervision and
corrections department to obtain information pertaining to the
factors listed under Article 42.037(h) and include that information
in the presentence report required under Article 42A.252(a) or a
separate report, as the court directs.
(k) A defendant has a right to counsel at a hearing under
this article. The court shall appoint counsel for an indigent
defendant in accordance with the procedures adopted under Article
26.04.
(l) A court retains jurisdiction to hold a hearing under
Subsection (d) and to revoke, continue, or modify community
supervision, regardless of whether the period of community
supervision imposed on the defendant has expired, if before the
expiration of the supervision period:
(1) the attorney representing the state files a motion
to revoke, continue, or modify community supervision; and
(2) a capias is issued for the arrest of the defendant.
(Code Crim. Proc., Art. 42.12, Sec. 21.)
Art. 42A.752. CONTINUATION OR MODIFICATION OF COMMUNITY
SUPERVISION AFTER VIOLATION. (a) If after a hearing under Article
42A.751(d) a judge continues or modifies community supervision
after determining that the defendant violated a condition of
community supervision, the judge may impose any other conditions
the judge determines are appropriate, including:
(1) a requirement that the defendant perform community
service for a number of hours specified by the court under Article
42A.304, or an increase in the number of hours that the defendant
has previously been required to perform under that article in an
amount not to exceed double the number of hours permitted by that
article;
(2) an extension of the period of community
supervision, in the manner described by Article 42A.753;
(3) an increase in the defendant's fine, in the manner
described by Subsection (b); or
(4) the placement of the defendant in a substance
abuse felony punishment program operated under Section 493.009,
Government Code, if:
(A) the defendant is convicted of a felony other
than:
(i) a felony under Section 21.11, 22.011,
or 22.021, Penal Code; or
(ii) criminal attempt of a felony under
Section 21.11, 22.011, or 22.021, Penal Code; and
(B) the judge makes an affirmative finding that:
(i) drug or alcohol abuse significantly
contributed to the commission of the offense or violation of a
condition of community supervision, as applicable; and
(ii) the defendant is a suitable candidate
for treatment, as determined by the suitability criteria
established by the Texas Board of Criminal Justice under Section
493.009(b), Government Code.
(b) A judge may impose a sanction on a defendant described
by Subsection (a)(3) by increasing the fine imposed on the
defendant. The original fine imposed on the defendant and an
increase in the fine imposed under this subsection may not exceed
the maximum fine for the offense for which the defendant was
sentenced. The judge shall deposit money received from an increase
in the defendant's fine under this subsection in the special fund of
the county treasury to be used for the same purposes for which state
aid may be used under Chapter 76, Government Code.
(c) If the judge imposes a sanction under Subsection (a)(4),
the judge shall also impose a condition requiring the defendant on
successful completion of the program to participate in a drug or
alcohol abuse continuum of care treatment plan. (Code Crim. Proc.,
Art. 42.12, Secs. 22(a), (b), (d).)
Art. 42A.753. EXTENSION OF COMMUNITY SUPERVISION AFTER
VIOLATION. (a) On a showing of good cause, the judge may extend a
period of community supervision under Article 42A.752(a)(2) as
frequently as the judge determines is necessary, but the period of
community supervision in a first, second, or third degree felony
case may not exceed 10 years and, except as otherwise provided by
Subsection (b), the period of community supervision in a
misdemeanor case may not exceed three years.
(b) The judge may extend the period of community supervision
in a misdemeanor case for any period the judge determines is
necessary, not to exceed an additional two years beyond the
three-year limit provided by Subsection (a), if:
(1) the defendant fails to pay a previously assessed
fine, cost, or restitution; and
(2) the judge determines that extending the
supervision period increases the likelihood that the defendant will
fully pay the fine, cost, or restitution.
(c) A court may extend a period of community supervision
under Article 42A.752(a)(2):
(1) at any time during the supervision period; or
(2) before the first anniversary of the date the
supervision period ends, if a motion for revocation of community
supervision is filed before the date the supervision period ends.
(Code Crim. Proc., Art. 42.12, Sec. 22(c).)
Art. 42A.754. AUTHORITY TO REVOKE COMMUNITY SUPERVISION.
Only the court in which the defendant was tried may revoke the
defendant's community supervision unless the judge has transferred
jurisdiction of the case to another court under Article 42A.151.
(Code Crim. Proc., Art. 42.12, Sec. 10(a) (part).)
Art. 42A.755. REVOCATION OF COMMUNITY SUPERVISION. (a) If
community supervision is revoked after a hearing under Article
42A.751(d), the judge may:
(1) proceed to dispose of the case as if there had been
no community supervision; or
(2) if the judge determines that the best interests of
society and the defendant would be served by a shorter term of
confinement, reduce the term of confinement originally assessed to
any term of confinement not less than the minimum prescribed for the
offense of which the defendant was convicted.
(b) The judge shall enter in the judgment in the case the
amount of restitution owed by the defendant on the date of
revocation.
(c) Except as otherwise provided by Subsection (d), no part
of the period that the defendant is on community supervision may be
considered as any part of the term that the defendant is sentenced
to serve.
(d) On revocation, the judge shall credit to the defendant
time served as a condition of community supervision in a substance
abuse felony punishment facility operated by the Texas Department
of Criminal Justice under Section 493.009, Government Code, or
other court-ordered residential program or facility, but only if
the defendant successfully completes the treatment program in that
facility.
(e) The right of the defendant to appeal for a review of the
conviction and punishment, as provided by law, shall be accorded
the defendant at the time the defendant is placed on community
supervision. When the defendant is notified that the defendant's
community supervision is revoked for a violation of the conditions
of community supervision and the defendant is called on to serve a
sentence in a jail or in the Texas Department of Criminal Justice,
the defendant may appeal the revocation. (Code Crim. Proc.,
Art. 42.12, Sec. 23.)
Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a
hearing under Article 42A.751(d), it is an affirmative defense to
revocation for an alleged violation based on a failure to report to
a supervision officer as directed or to remain within a specified
place that no supervision officer, peace officer, or other officer
with the power of arrest under a warrant issued by a judge for that
alleged violation contacted or attempted to contact the defendant
in person at the defendant's last known residence address or last
known employment address, as reflected in the files of the
department serving the county in which the order of deferred
adjudication community supervision was entered. (Code Crim. Proc.,
Art. 42.12, Sec. 24 (part).)
Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR
CERTAIN SEX OFFENDERS. (a) If a defendant is placed on deferred
adjudication community supervision after being convicted of an
offense under Section 21.11, 22.011, or 22.021, Penal Code, at any
time during the period of community supervision, the judge may
extend the period of community supervision as provided by this
article.
(b) At a hearing at which the defendant is provided the same
rights as are provided to a defendant at a hearing under Article
42A.751(d), the judge may extend the defendant's supervision period
for a period not to exceed 10 additional years if the judge
determines that:
(1) the defendant has not sufficiently demonstrated a
commitment to avoid future criminal behavior; and
(2) the release of the defendant from supervision
would endanger the public.
(c) A judge may extend a period of community supervision
under this article only once.
(d) A judge may extend a period of community supervision for
a defendant under both Article 42A.752(a)(2) and this article.
(e) The prohibition in Article 42A.753(a) against a period
of community supervision in a felony case exceeding 10 years does
not apply to a defendant for whom community supervision is
increased under this article or under both Article 42A.752(a)(2) and this article. (Code Crim. Proc., Art. 42.12, Sec. 22A.)
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Sections 106.06(d) and (e), Alcoholic
Beverage Code, are amended to read as follows:
(d) A judge, acting under Chapter 42A [Article 42.12], Code
of Criminal Procedure, who places a defendant charged with an
offense under this section on community supervision under that
chapter [article] shall, if the defendant committed the offense at
a gathering where participants were involved in the abuse of
alcohol, including binge drinking or forcing or coercing
individuals to consume alcohol, in addition to any other condition
imposed by the judge:
(1) require the defendant to:
(A) perform community service for not less than
20 or more than 40 hours; and
(B) attend an alcohol awareness program approved
under Section 106.115; and
(2) order the Department of Public Safety to suspend
the driver's license or permit of the defendant or, if the defendant
does not have a driver's license or permit, to deny the issuance of
a driver's license or permit to the defendant for 180 days.
(e) Community service ordered under Subsection (d) is in
addition to any community service ordered by the judge under
Article 42A.304 [Section 16, Article 42.12], Code of Criminal
Procedure, and must be related to education about or prevention of
misuse of alcohol if programs or services providing that education
are available in the community in which the court is located. If
programs or services providing that education are not available,
the court may order community service that the court considers
appropriate for rehabilitative purposes.
SECTION 2.02. Section 142.002(b), Civil Practice and
Remedies Code, is amended to read as follows:
(b) This section does not preclude a cause of action for
negligent hiring or the failure of an employer, general contractor,
premises owner, or other third party to provide adequate
supervision of an employee, if:
(1) the employer, general contractor, premises owner,
or other third party knew or should have known of the conviction;
and
(2) the employee was convicted of:
(A) an offense that was committed while
performing duties substantially similar to those reasonably
expected to be performed in the employment, or under conditions
substantially similar to those reasonably expected to be
encountered in the employment, taking into consideration the
factors listed in Sections 53.022 and 53.023(a), Occupations Code,
without regard to whether the occupation requires a license;
(B) an offense listed in Article 42A.054 [Section
3g, Article 42.12], Code of Criminal Procedure; or
(C) a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure.
SECTION 2.03. Section 152.003(c), Civil Practice and
Remedies Code, is amended to read as follows:
(c) A criminal case may not be referred to the system if the
defendant is charged with or convicted of an offense listed in
Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
Criminal Procedure, or convicted of an offense, the judgment for
which contains an affirmative finding under Article 42A.054(c) or
(d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
SECTION 2.04. Article 5.08, Code of Criminal Procedure, is
amended to read as follows:
Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES.
Notwithstanding Article 26.13(g) or 42A.301(15) [Section
11(a)(16), Article 42.12, of this code], in a criminal prosecution
arising from family violence, as that term is defined by Section
71.004, Family Code, a court shall not refer or order the victim or
the defendant involved to mediation, dispute resolution,
arbitration, or other similar procedures.
SECTION 2.05. Article 17.091, Code of Criminal Procedure,
is amended to read as follows:
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
Before a judge or magistrate reduces the amount of bail set for a
defendant charged with an offense listed in Article 42A.054
[Section 3g, Article 42.12], an offense described by Article
62.001(5), or an offense under Section 20A.03, Penal Code, the
judge or magistrate shall provide:
(1) to the attorney representing the state, reasonable
notice of the proposed bail reduction; and
(2) on request of the attorney representing the state
or the defendant or the defendant's counsel, an opportunity for a
hearing concerning the proposed bail reduction.
SECTION 2.06. Article 26.052(d)(3), Code of Criminal
Procedure, is amended to read as follows:
(3) The standards must require that an attorney
appointed as lead appellate counsel in the direct appeal of a
capital case:
(A) be a member of the State Bar of Texas;
(B) exhibit proficiency and commitment to
providing quality representation to defendants in death penalty
cases;
(C) have not been found by a federal or state
court to have rendered ineffective assistance of counsel during the
trial or appeal of any capital case, unless the local selection
committee determines under Subsection (n) that the conduct
underlying the finding no longer accurately reflects the attorney's
ability to provide effective representation;
(D) have at least five years of criminal law
experience;
(E) have authored a significant number of
appellate briefs, including appellate briefs for homicide cases and
other cases involving an offense punishable as a capital felony or a
felony of the first degree or an offense described by Article
42A.054(a) [Section 3g(a)(1), Article 42.12];
(F) have trial or appellate experience in:
(i) the use of and challenges to mental
health or forensic expert witnesses; and
(ii) the use of mitigating evidence at the
penalty phase of a death penalty trial; and
(G) have participated in continuing legal
education courses or other training relating to criminal defense in
appealing death penalty cases.
SECTION 2.07. Section 3(d), Article 37.07, Code of Criminal
Procedure, is amended to read as follows:
(d) When the judge assesses the punishment, the judge [he]
may order a presentence [an investigative] report as contemplated
in Subchapter F, Chapter 42A, [Section 9 of Article 42.12 of this
code] and after considering the report, and after the hearing of the
evidence hereinabove provided for, the judge [he] shall forthwith
announce the judge's [his] decision in open court as to the
punishment to be assessed.
SECTION 2.08. Sections 4(a), (b), and (c), Article 37.07,
Code of Criminal Procedure, are amended to read as follows:
(a) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense of which the jury has found the defendant
guilty is an offense under Section 71.02, Penal Code, other than an
offense punishable as a state jail felony under that section, an
offense under Section 71.023, Penal Code, or an offense listed in
Article 42A.054(a) [Section 3g(a)(1), Article 42.12], or if the
judgment contains an affirmative finding under Article 42A.054(c)
or (d) [Section 3g(a)(2), Article 42.12], unless the defendant has
been convicted of an offense under Section 21.02, Penal Code, an
offense under Section 22.021, Penal Code, that is punishable under
Subsection (f) of that section, or a capital felony, the court shall
charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, the defendant will not become
eligible for parole until the actual time served equals one-half of
the sentence imposed or 30 years, whichever is less, without
consideration of any good conduct time the defendant may earn. If
the defendant is sentenced to a term of less than four years, the
defendant must serve at least two years before the defendant is
eligible for parole. Eligibility for parole does not guarantee
that parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if sentenced to
a term of imprisonment, because the application of these laws will
depend on decisions made by prison and parole authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
(b) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense is punishable as a felony of the first degree,
if a prior conviction has been alleged for enhancement of
punishment as provided by Section 12.42(b), (c)(1) or (2), or (d),
Penal Code, or if the offense is a felony not designated as a
capital felony or a felony of the first, second, or third degree and
the maximum term of imprisonment that may be imposed for the offense
is longer than 60 years, unless the offense of which the jury has
found the defendant guilty is an offense that is punishable under
Section 21.02(h), Penal Code, or is listed in Article 42A.054(a)
[Section 3g(a)(1), Article 42.12, of this code] or the judgment
contains an affirmative finding under Article 42A.054(c) or (d)
[Section 3g(a)(2), Article 42.12, of this code], the court shall
charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served plus any good conduct time
earned equals one-fourth of the sentence imposed or 15 years,
whichever is less. Eligibility for parole does not guarantee that
parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
(c) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense is punishable as a felony of the second or
third degree, if a prior conviction has been alleged for
enhancement as provided by Section 12.42(a), Penal Code, or if the
offense is a felony not designated as a capital felony or a felony
of the first, second, or third degree and the maximum term of
imprisonment that may be imposed for the offense is 60 years or
less, unless the offense of which the jury has found the defendant
guilty is listed in Article 42A.054(a) [Section 3g(a)(1), Article
42.12, of this code] or the judgment contains an affirmative
finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
42.12, of this code], the court shall charge the jury in writing as
follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served plus any good conduct time
earned equals one-fourth of the sentence imposed. Eligibility for
parole does not guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
SECTION 2.09. Section 1, Article 38.33, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. The court shall order that a defendant who is
convicted of a felony or a misdemeanor offense that is punishable by
confinement in jail have a thumbprint of the defendant's right
thumb rolled legibly on the judgment or the docket sheet in the
case. The court shall order a defendant who is placed on deferred
adjudication community supervision [probation] under Subchapter C,
Chapter 42A [Section 5 of Article 42.12, Code of Criminal
Procedure], for an offense described by this section to have a
thumbprint of the defendant's right thumb rolled legibly on the
order placing the defendant on deferred adjudication community
supervision [probation]. If the defendant does not have a right
thumb, the defendant must have a thumbprint of the defendant's left
thumb rolled legibly on the judgment, order, or docket sheet. The
defendant must have a fingerprint of the defendant's index finger
rolled legibly on the judgment, order, or docket sheet if the
defendant does not have a right thumb or a left thumb. The
judgment, order, or docket sheet must contain a statement that
describes from which thumb or finger the print was taken, unless a
rolled 10-finger print set was taken. A clerk or bailiff of the
court or other person qualified to take fingerprints shall take the
thumbprint or fingerprint, either by use of the ink-rolled print
method or by use of a live-scanning device that prints the
thumbprint or fingerprint image on the judgment, order, or docket
sheet.
SECTION 2.10. Section 1, Article 42.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. A judgment is the written declaration of the court
signed by the trial judge and entered of record showing the
conviction or acquittal of the defendant. The sentence served
shall be based on the information contained in the judgment. The
judgment shall reflect:
1. The title and number of the case;
2. That the case was called and the parties appeared,
naming the attorney for the state, the defendant, and the attorney
for the defendant, or, where a defendant is not represented by
counsel, that the defendant knowingly, intelligently, and
voluntarily waived the right to representation by counsel;
3. The plea or pleas of the defendant to the offense
charged;
4. Whether the case was tried before a jury or a jury
was waived;
5. The submission of the evidence, if any;
6. In cases tried before a jury that the jury was
charged by the court;
7. The verdict or verdicts of the jury or the finding
or findings of the court;
8. In the event of a conviction that the defendant is
adjudged guilty of the offense as found by the verdict of the jury
or the finding of the court, and that the defendant be punished in
accordance with the jury's verdict or the court's finding as to the
proper punishment;
9. In the event of conviction where death or any
punishment is assessed that the defendant be sentenced to death, a
term of confinement or community supervision, or to pay a fine, as
the case may be;
10. In the event of conviction where the imposition of
sentence is suspended and the defendant is placed on community
supervision, setting forth the punishment assessed, the length of
community supervision, and the conditions of community
supervision;
11. In the event of acquittal that the defendant be
discharged;
12. The county and court in which the case was tried
and, if there was a change of venue in the case, the name of the
county in which the prosecution was originated;
13. The offense or offenses for which the defendant
was convicted;
14. The date of the offense or offenses and degree of
offense for which the defendant was convicted;
15. The term of sentence;
16. The date judgment is entered;
17. The date sentence is imposed;
18. The date sentence is to commence and any credit for
time served;
19. The terms of any order entered pursuant to Article
42.08 [of this code] that the defendant's sentence is to run
cumulatively or concurrently with another sentence or sentences;
20. The terms of any plea bargain;
21. Affirmative findings entered pursuant to Article
42A.054(c) or (d) [Subdivision (2) of Subsection (a) of Section 3g
of Article 42.12 of this code];
22. The terms of any fee payment ordered under Article
42.151 [of this code];
23. The defendant's thumbprint taken in accordance
with Article 38.33 [of this code];
24. In the event that the judge orders the defendant to
repay a reward or part of a reward under Articles 37.073 and 42.152
[of this code], a statement of the amount of the payment or payments
required to be made;
25. In the event that the court orders restitution to
be paid to the victim, a statement of the amount of restitution
ordered and:
(A) the name and address of a person or agency
that will accept and forward restitution payments to the victim; or
(B) if the court specifically elects to have
payments made directly to the crime victim, the name and permanent
address of the victim at the time of judgment;
26. In the event that a presentence investigation is
required by Subchapter F, Chapter 42A [Section 9(a), (b), (h), or
(i), Article 42.12 of this code], a statement that the presentence
investigation was done according to the applicable provision;
27. In the event of conviction of an offense for which
registration as a sex offender is required under Chapter 62, a
statement that the registration requirement of that chapter applies
to the defendant and a statement of the age of the victim of the
offense;
28. The defendant's state identification number
required by Section 60.052(a)(2), if that number has been assigned
at the time of the judgment; and
29. The incident number required by Section
60.052(a)(4), if that number has been assigned at the time of the
judgment.
SECTION 2.11. Article 42.025(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A judge may, at a secondary school, receive a plea of
guilty or nolo contendere from a defendant charged with an offense
described by Subsection (a) and place the defendant on deferred
adjudication under Subchapter C, Chapter 42A [Section 5, Article
42.12], if:
(1) the judge makes the determination that the
proceeding would have educational value, as provided by Subsection
(a)(1);
(2) the defendant and the school agree to the location
of the proceeding, as provided by Subsections (a)(2) and (3); and
(3) appropriate measures are taken in regard to the
safety of students and the rights of the defendant, as described by
Subsection (a)(4).
SECTION 2.12. Section 2(b), Article 42.03, Code of Criminal
Procedure, is amended to read as follows:
(b) In all revocations of a suspension of the imposition of
a sentence the judge shall enter the restitution [or reparation]
due and owing on the date of the revocation.
SECTION 2.13. Articles 42.037(i) and (j), Code of Criminal
Procedure, are amended to read as follows:
(i) In addition to any other terms and conditions of
community supervision [probation] imposed under Chapter 42A
[Article 42.12], the court may require a defendant [probationer] to
reimburse the compensation to victims of crime fund created under
Subchapter B, Chapter 56, for any amounts paid from that fund to or
on behalf of a victim of the defendant's [probationer's] offense.
In this subsection, "victim" has the meaning assigned by Article
56.32.
(j) The court may order a community supervision and
corrections department to obtain information pertaining to the
factors listed in Subsection (c) [of this article]. The
supervision [probation] officer shall include the information in
the report required under Article 42A.252(a) [Section 9(a), Article
42.12, of this code] or a separate report, as the court directs.
The court shall permit the defendant and the prosecuting attorney
to read the report.
SECTION 2.14. Article 42.08(a), Code of Criminal Procedure,
is amended to read as follows:
(a) When the same defendant has been convicted in two or
more cases, judgment and sentence shall be pronounced in each case
in the same manner as if there had been but one conviction. Except
as provided by Subsections [Sections] (b) and (c) [of this
article], in the discretion of the court, the judgment in the second
and subsequent convictions may either be that the sentence imposed
or suspended shall begin when the judgment and the sentence imposed
or suspended in the preceding conviction has ceased to operate, or
that the sentence imposed or suspended shall run concurrently with
the other case or cases, and sentence and execution shall be
accordingly; provided, however, that the cumulative total of
suspended sentences in felony cases shall not exceed 10 years, and
the cumulative total of suspended sentences in misdemeanor cases
shall not exceed the maximum period of confinement in jail
applicable to the misdemeanor offenses, though in no event more
than three years, including extensions of periods of community
supervision under Article 42A.752(a)(2) [Section 22, Article
42.12, of this code], if none of the offenses are offenses under
Chapter 49, Penal Code, or four years, including extensions, if any
of the offenses are offenses under Chapter 49, Penal Code.
SECTION 2.15. Section 7, Article 42.09, Code of Criminal
Procedure, is amended to read as follows:
Sec. 7. If a defendant is sentenced to a term of
imprisonment in the Texas Department of Criminal Justice but is not
transferred to the department under Section 3 or 4, the court,
before the date on which it would lose jurisdiction under Article
42A.202(a) [Section 6(a), Article 42.12], shall send to the
department a document containing a statement of the date on which
the defendant's sentence was pronounced and credits earned by the
defendant under Article 42.03 as of the date of the statement.
SECTION 2.16. Section 8(a), Article 42.09, Code of Criminal
Procedure, is amended to read as follows:
(a) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:
(1) a copy of the judgment entered pursuant to Article
42.01, completed on a standardized felony judgment form described
by Section 4 of that article;
(2) a copy of any order revoking community supervision
and imposing sentence pursuant to Article 42A.755 [Section 23,
Article 42.12], including:
(A) any amounts owed for restitution, fines, and
court costs, completed on a standardized felony judgment form
described by Section 4, Article 42.01; and
(B) a copy of the client supervision plan
prepared for the defendant by the community supervision and
corrections department supervising the defendant, if such a plan
was prepared;
(3) a written report that states the nature and the
seriousness of each offense and that states the citation to the
provision or provisions of the Penal Code or other law under which
the defendant was convicted;
(4) a copy of the victim impact statement, if one has
been prepared in the case under Article 56.03;
(5) a statement as to whether there was a change in
venue in the case and, if so, the names of the county prosecuting
the offense and the county in which the case was tried;
(6) if requested, information regarding the criminal
history of the defendant, including the defendant's state
identification number if the number has been issued;
(7) a copy of the indictment or information for each
offense;
(8) a checklist sent by the department to the county
and completed by the county in a manner indicating that the
documents required by this subsection and Subsection (c) accompany
the defendant;
(9) if prepared, a copy of a presentence or
postsentence [investigation] report prepared under Subchapter F,
Chapter 42A [Section 9, Article 42.12];
(10) a copy of any detainer, issued by an agency of the
federal government, that is in the possession of the county and that
has been placed on the defendant;
(11) if prepared, a copy of the defendant's Texas
Uniform Health Status Update Form; and
(12) a written description of a hold or warrant,
issued by any other jurisdiction, that the county is aware of and
that has been placed on or issued for the defendant.
SECTION 2.17. Article 42.14(b), Code of Criminal Procedure,
is amended to read as follows:
(b) In a felony case, the judgment and sentence may be
rendered in the absence of the defendant only if:
(1) the defendant is confined in a penal institution;
(2) the defendant is not charged with a felony
offense:
(A) that is listed in Article 42A.054(a) [Section
3g(a)(1), Article 42.12]; or
(B) for which it is alleged that:
(i) a deadly weapon was used or exhibited
during the commission of the offense or during immediate flight
from the commission of the offense; and
(ii) the defendant used or exhibited the
deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited;
(3) the defendant in writing before the appropriate
court having jurisdiction in the county in which the penal
institution is located:
(A) waives the right to be present at the
rendering of the judgment and sentence or to have counsel present;
(B) affirms that the defendant does not have
anything to say as to why the sentence should not be pronounced and
that there is no reason to prevent the sentence under Article 42.07;
(C) states that the defendant has entered into a
written plea agreement with the attorney representing the state in
the prosecution of the case; and
(D) requests the court to pronounce sentence in
the case in accordance with the plea agreement;
(4) the defendant and the attorney representing the
state in the prosecution of the case have entered into a written
plea agreement that is made a part of the record in the case; and
(5) sentence is pronounced in accordance with the plea
agreement.
SECTION 2.18. Article 44.01(j), Code of Criminal Procedure,
is amended to read as follows:
(j) Nothing in this article is to interfere with the
defendant's right to appeal under the procedures of Article 44.02
[of this code]. The defendant's right to appeal under Article 44.02
may be prosecuted by the defendant where the punishment assessed is
in accordance with Subchapter C, Chapter 42A [Subsection (a),
Section 3d, Article 42.12 of this code], as well as any other
punishment assessed in compliance with Article 44.02 [of this
code].
SECTION 2.19. Article 44.04(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The defendant may not be released on bail pending the
appeal from any felony conviction where the punishment equals or
exceeds 10 years confinement or where the defendant has been
convicted of an offense listed under Article 42A.054(a) [Section
3g(a)(1), Article 42.12], but shall immediately be placed in
custody and the bail discharged.
SECTION 2.20. Articles 46B.073(c) and (d), Code of Criminal
Procedure, as amended by S.B. No. 219, Acts of the 84th
Legislature, Regular Session, 2015, are amended to read as follows:
(c) If the defendant is charged with an offense listed in
Article 17.032(a), other than an offense listed in Article
17.032(a)(6), or the indictment alleges an affirmative finding
under Article 42A.054(c) or (d) [Section 3g(a)(2), Article 42.12],
the court shall enter an order committing the defendant to the
maximum security unit of any facility designated by the Department
of State Health Services, to an agency of the United States
operating a mental hospital, or to a Department of Veterans Affairs
hospital.
(d) If the defendant is not charged with an offense
described by Subsection (c) and the indictment does not allege an
affirmative finding under Article 42A.054(c) or (d) [Section
3g(a)(2), Article 42.12], the court shall enter an order committing
the defendant to a mental health facility or residential care
facility determined to be appropriate by the local mental health
authority or local intellectual and developmental disability
authority.
SECTION 2.21. Article 46B.104, Code of Criminal Procedure,
as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
VIOLENCE. A defendant committed to a facility as a result of
proceedings initiated under this chapter shall be committed to the
maximum security unit of any facility designated by the Department
of State Health Services if:
(1) the defendant is charged with an offense listed in
Article 17.032(a), other than an offense listed in Article
17.032(a)(6); or
(2) the indictment charging the offense alleges an
affirmative finding under Article 42A.054(c) or (d) [Section
3g(a)(2), Article 42.12].
SECTION 2.22. Article 48.01(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The Board of Pardons and Paroles may recommend that the
Governor grant a pardon to a person who:
(1) is placed on deferred adjudication community
supervision under Subchapter C, Chapter 42A [Section 5, Article
42.12], and subsequently receives a discharge and dismissal under
Article 42A.111 [Section 5(c) of that article]; and
(2) on or after the 10th anniversary of the date of
discharge and dismissal, submits a written request to the board for
a recommendation under this subsection.
SECTION 2.23. Articles 55.01(a) and (a-1), Code of Criminal
Procedure, are amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Chapter
42A [Article 42.12] for the offense, unless the offense is a Class C
misdemeanor, provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because the
person completed a pretrial intervention program authorized under
Section 76.011, Government Code, because the presentment had been
made because of mistake, false information, or other similar reason
indicating absence of probable cause at the time of the dismissal to
believe the person committed the offense, or because the indictment
or information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
(a-1) Notwithstanding any other provision of this article,
a person may not expunge records and files relating to an arrest
that occurs pursuant to a warrant issued under Article 42A.751(b)
[Section 21, Article 42.12].
SECTION 2.24. Article 60.052(c), Code of Criminal
Procedure, is amended to read as follows:
(c) Information in the corrections tracking system relating
to the handling of offenders must include the following information
about each imprisonment, confinement, or execution of an offender:
(1) the date of the imprisonment or confinement;
(2) if the offender was sentenced to death:
(A) the date of execution; and
(B) if the death sentence was commuted, the
sentence to which the sentence of death was commuted and the date of
commutation;
(3) the date the offender was released from
imprisonment or confinement and whether the release was a discharge
or a release on parole or mandatory supervision;
(4) if the offender is released on parole or mandatory
supervision:
(A) the offense for which the offender was
convicted by offense code and incident number;
(B) the date the offender was received by an
office of the parole division;
(C) the county in which the offender resides
while under supervision;
(D) any program in which an offender is placed or
has previously been placed and the level of supervision the
offender is placed on while under the jurisdiction of the parole
division;
(E) the date a program described by Paragraph (D)
begins, the date the program ends, and whether the program was
completed successfully;
(F) the date a level of supervision described by
Paragraph (D) begins and the date the level of supervision ends;
(G) if the offender's release status is revoked,
the reason for the revocation and the date of revocation;
(H) the expiration date of the sentence; and
(I) the date of the offender's release from the
parole division or the date on which the offender is granted
clemency; and
(5) if the offender is released under Article
42A.202(b) [Section 6(a), Article 42.12], the date of the
offender's release.
SECTION 2.25. Article 60.08(e), Code of Criminal Procedure,
is amended to read as follows:
(e) A court that orders the release of an offender under
Article 42A.202(b) [Section 6(a), Article 42.12,] at a time when
the offender is under a bench warrant and not physically imprisoned
in the Texas Department of Criminal Justice shall report the
release to the department not later than the seventh day after the
date of the release.
SECTION 2.26. Article 62.063(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A person subject to registration under this chapter
because of a reportable conviction or adjudication for which an
affirmative finding is entered under Article 42.015(b) or
42A.105(a) [Section 5(e)(2), Article 42.12], as appropriate, may
not, for compensation:
(1) operate or offer to operate a bus;
(2) provide or offer to provide a passenger taxicab or
limousine transportation service;
(3) provide or offer to provide any type of service in
the residence of another person unless the provision of service
will be supervised; or
(4) operate or offer to operate any amusement ride.
SECTION 2.27. Articles 62.301(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) A person is eligible to petition the court as described
by Subsection (a) if:
(1) the person is required to register only as a result
of a single reportable conviction or adjudication, other than an
adjudication of delinquent conduct; and
(2) the court has entered in the appropriate judgment
or has filed with the appropriate papers a statement of an
affirmative finding described by Article 42.017 or 42A.105(c)
[Section 5(g), Article 42.12].
(c) A defendant who before September 1, 2011, is convicted
of or placed on deferred adjudication community supervision for an
offense under Section 21.11 or 22.011, Penal Code, is eligible to
petition the court as described by Subsection (a). The court may
consider the petition only if the petition states and the court
finds that the defendant would have been entitled to the entry of an
affirmative finding under Article 42.017 or 42A.105(c) [Section
5(g), Article 42.12], as appropriate, had the conviction or
placement on deferred adjudication community supervision occurred
after September 1, 2011.
SECTION 2.28. Article 102.018(b), Code of Criminal
Procedure, is amended to read as follows:
(b) Except as provided by Subsection (d) [of this article],
on conviction of an offense relating to the driving or operating of
a motor vehicle punishable under Section 49.04(b), Penal Code, the
court shall impose as a cost of court on the defendant an amount
that is equal to the cost of an evaluation of the defendant
performed under Article 42A.402(a) [Section 13(a), Article 42.12,
of this code]. Costs imposed under this subsection are in addition
to other court costs and are due whether or not the defendant is
granted community supervision [probation] in the case, except that
if the court determines that the defendant is indigent and unable to
pay the cost, the court may waive the imposition of the cost.
SECTION 2.29. Article 102.020(a), Code of Criminal
Procedure, is amended to read as follows:
(a) A person shall pay as a cost of court:
(1) $250 on conviction of an offense listed in Section
411.1471(a)(1), Government Code;
(2) $50 on conviction of an offense listed in Section
411.1471(a)(3) of that code; or
(3) $34 on placement of the person on community
supervision, including deferred adjudication community
supervision, if the person is required to submit a DNA sample under
Article 42A.352 [Section 11(j), Article 42.12].
SECTION 2.30. Section 37.152(f), Education Code, is amended
to read as follows:
(f) Except if an offense causes the death of a student, in
sentencing a person convicted of an offense under this section, the
court may require the person to perform community service, subject
to the same conditions imposed on a person placed on community
supervision under Chapter 42A [Section 11, Article 42.12], Code of
Criminal Procedure, for an appropriate period of time in lieu of
confinement in county jail or in lieu of a part of the time the
person is sentenced to confinement in county jail.
SECTION 2.31. Section 53.045(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), the prosecuting
attorney may refer the petition to the grand jury of the county in
which the court in which the petition is filed presides if the
petition alleges that the child engaged in delinquent conduct that
constitutes habitual felony conduct as described by Section 51.031
or that included the violation of any of the following provisions:
(1) Section 19.02, Penal Code (murder);
(2) Section 19.03, Penal Code (capital murder);
(3) Section 19.04, Penal Code (manslaughter);
(4) Section 20.04, Penal Code (aggravated
kidnapping);
(5) Section 22.011, Penal Code (sexual assault) or
Section 22.021, Penal Code (aggravated sexual assault);
(6) Section 22.02, Penal Code (aggravated assault);
(7) Section 29.03, Penal Code (aggravated robbery);
(8) Section 22.04, Penal Code (injury to a child,
elderly individual, or disabled individual), if the offense is
punishable as a felony, other than a state jail felony;
(9) Section 22.05(b), Penal Code (felony deadly
conduct involving discharging a firearm);
(10) Subchapter D, Chapter 481, Health and Safety
Code, if the conduct constitutes a felony of the first degree or an
aggravated controlled substance felony (certain offenses involving
controlled substances);
(11) Section 15.03, Penal Code (criminal
solicitation);
(12) Section 21.11(a)(1), Penal Code (indecency with a
child);
(13) Section 15.031, Penal Code (criminal
solicitation of a minor);
(14) Section 15.01, Penal Code (criminal attempt), if
the offense attempted was an offense under Section 19.02, Penal
Code (murder), or Section 19.03, Penal Code (capital murder), or an
offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
42.12], Code of Criminal Procedure;
(15) Section 28.02, Penal Code (arson), if bodily
injury or death is suffered by any person by reason of the
commission of the conduct;
(16) Section 49.08, Penal Code (intoxication
manslaughter); or
(17) Section 15.02, Penal Code (criminal conspiracy),
if the offense made the subject of the criminal conspiracy includes
a violation of any of the provisions referenced in Subdivisions (1)
through (16).
SECTION 2.32. Section 54.0409(a), Family Code, is amended
to read as follows:
(a) This section applies only to conduct constituting the
commission of a felony:
(1) that is listed in Article 42A.054(a) [Section
3g(a)(1), Article 42.12], Code of Criminal Procedure; or
(2) for which it is shown that a deadly weapon, as
defined by Section 1.07, Penal Code, was used or exhibited during
the commission of the conduct or during immediate flight from the
commission of the conduct.
SECTION 2.33. Sections 54.051(e), (e-1), (e-2), and (e-3),
Family Code, are amended to read as follows:
(e) A district court that exercises jurisdiction over a
person transferred under Subsection (d) shall place the person on
community supervision under Chapter 42A [Article 42.12], Code of
Criminal Procedure, for the remainder of the person's probationary
period and under conditions consistent with those ordered by the
juvenile court.
(e-1) The restrictions on a judge placing a defendant on
community supervision imposed by Article 42A.054 [Section 3g,
Article 42.12], Code of Criminal Procedure, do not apply to a case
transferred from the juvenile court. The minimum period of
community supervision imposed by Article 42A.053(d) [Section 3(b),
Article 42.12], Code of Criminal Procedure, does not apply to a case
transferred from the juvenile court.
(e-2) If a person who is placed on community supervision
under this section violates a condition of that supervision or if
the person violated a condition of probation ordered under Section
54.04(q) and that probation violation was not discovered by the
state before the person's 19th birthday, the district court shall
dispose of the violation of community supervision or probation, as
appropriate, in the same manner as if the court had originally
exercised jurisdiction over the case. If the judge revokes
community supervision, the judge may reduce the prison sentence to
any length without regard to the minimum term imposed by Article
42A.755(a) [Section 23(a), Article 42.12], Code of Criminal
Procedure.
(e-3) The time that a person serves on probation ordered
under Section 54.04(q) is the same as time served on community
supervision ordered under this section for purposes of determining
the person's eligibility for early discharge from community
supervision under Article 42A.701 [Section 20, Article 42.12], Code
of Criminal Procedure.
SECTION 2.34. Section 55.45(c), Family Code, is amended to
read as follows:
(c) If the referred child, as described in Subsection (b),
is alleged to have committed an offense listed in Article 42A.054
[Section 3g, Article 42.12], Code of Criminal Procedure, the
administrator of the residential care facility shall apply, in
writing, by certified mail, return receipt requested, to the
juvenile court that ordered commitment of the child or that
referred the case to a court that ordered commitment of the child
and show good cause for any release of the child from the facility
for more than 48 hours. Notice of this request must be provided to
the prosecuting attorney responsible for the case. The prosecuting
attorney, the juvenile, or the administrator may apply for a
hearing on this application. If no one applies for a hearing, the
trial court shall resolve the application on the written
submission. The rules of evidence do not apply to this hearing. An
appeal of the trial court's ruling on the application is not
allowed. The release of a child described in this subsection
without the express approval of the trial court is punishable by
contempt.
SECTION 2.35. Section 76.001(2), Government Code, is
amended to read as follows:
(2) "Community supervision" has the meaning assigned
by Article 42A.001 [Section 2, Article 42.12], Code of Criminal
Procedure.
SECTION 2.36. Section 76.015(c), Government Code, is
amended to read as follows:
(c) A department may assess a reasonable administrative fee
of not less than $25 and not more than $60 per month on an individual
who participates in a program operated by the department or
receives services from the department and who is not paying a
monthly fee under Article 42A.652 [Section 19, Article 42.12], Code
of Criminal Procedure.
SECTION 2.37. Section 103.021, Government Code, is amended
to read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
or a party to a civil suit, as applicable, shall pay the following
fees and costs under the Code of Criminal Procedure if ordered by
the court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Chapter 42A [Art. 42.12], Code of Criminal Procedure) . . . not to
exceed $50 for a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Chapter 42A [Art. 42.12], Code
of Criminal Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Chapter 42A [Art.
42.12], Code of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Chapter 42A [Art.
42.12], Code of Criminal Procedure) . . . $100;
(9) community supervision fee (Chapter 42A [Art.
42.12], Code of Criminal Procedure) . . . not less than $25 or more
than $60 per month;
(10) additional community supervision fee for certain
offenses (Chapter 42A [Art. 42.12], Code of Criminal Procedure)
. . . $5 per month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Chapter 42A [Art.
42.12], Code of Criminal Procedure) . . . all or part of the
reasonable and necessary costs of the treatment, supervision, or
rehabilitation as determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; and
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due.
SECTION 2.38. Section 123.001(b), Government Code, is
amended to read as follows:
(b) If a defendant successfully completes a drug court
program, regardless of whether the defendant was convicted of the
offense for which the defendant entered the program or whether the
court deferred further proceedings without entering an
adjudication of guilt, after notice to the state and a hearing on
whether the defendant is otherwise entitled to the petition and
whether issuance of the order is in the best interest of justice,
the court shall enter an order of nondisclosure under Section
411.081 as if the defendant had received a discharge and dismissal
under Article 42A.111 [Section 5(c), Article 42.12], Code of
Criminal Procedure, with respect to all records and files related
to the defendant's arrest for the offense for which the defendant
entered the program if the defendant:
(1) has not been previously convicted of an offense
listed in Article 42A.054 [Section 3g, Article 42.12], Code of
Criminal Procedure, or a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure; and
(2) is not convicted for any felony offense between
the date on which the defendant successfully completed the program
and the second anniversary of that date.
SECTION 2.39. Section 123.008(a), Government Code, is
amended to read as follows:
(a) Notwithstanding Article 42A.304 [Sections 13 and 16,
Article 42.12], Code of Criminal Procedure, to encourage
participation in a drug court program established under this
chapter, the judge or magistrate administering the program may
suspend any requirement that, as a condition of community
supervision, a participant in the program work a specified number
of hours at a community service project or projects.
SECTION 2.40. Sections 411.081(d) and (e), Government Code,
are amended to read as follows:
(d) Notwithstanding any other provision of this subchapter,
if a person is placed on deferred adjudication community
supervision under Subchapter C, Chapter 42A [Section 5, Article
42.12], Code of Criminal Procedure, subsequently receives a
discharge and dismissal under Article 42A.111 [Section 5(c),
Article 42.12], and satisfies the requirements of Subsection (e),
the person may petition the court that placed the defendant on
deferred adjudication for an order of nondisclosure under this
subsection. Except as provided by Subsection (e), a person may
petition the court for an order of nondisclosure regardless of
whether the person has been previously placed on deferred
adjudication community supervision for another offense. After
notice to the state, an opportunity for a hearing, and a
determination that the person is entitled to file the petition and
issuance of the order is in the best interest of justice, the court
shall issue an order prohibiting criminal justice agencies from
disclosing to the public criminal history record information
related to the offense giving rise to the deferred adjudication. A
criminal justice agency may disclose criminal history record
information that is the subject of the order only to other criminal
justice agencies[,] for criminal justice or regulatory licensing
purposes, an agency or entity listed in Subsection (i), or the
person who is the subject of the order. A person may petition the
court that placed the person on deferred adjudication for an order
of nondisclosure only on or after:
(1) the discharge and dismissal, if the offense for
which the person was placed on deferred adjudication was a
misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the second anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
25, 42, or 46, Penal Code; or
(3) the fifth anniversary of the discharge and
dismissal, if the offense for which the person was placed on
deferred adjudication was a felony.
(e) A person is entitled to petition the court under
Subsection (d) only if during the period of the deferred
adjudication community supervision for which the order of
nondisclosure is requested and during the applicable period
described by Subsection (d)(1), (2), or (3), as appropriate, the
person is not convicted of or placed on deferred adjudication
community supervision under Subchapter C, Chapter 42A [Section 5,
Article 42.12], Code of Criminal Procedure, for any offense other
than an offense under the Transportation Code punishable by fine
only. A person is not entitled to petition the court under
Subsection (d) if the person was placed on the deferred
adjudication community supervision for or has been previously
convicted or placed on any other deferred adjudication for:
(1) an offense requiring registration as a sex
offender under Chapter 62, Code of Criminal Procedure;
(2) an offense under Section 20.04, Penal Code,
regardless of whether the offense is a reportable conviction or
adjudication for purposes of Chapter 62, Code of Criminal
Procedure;
(3) an offense under Section 19.02, 19.03, 22.04,
22.041, 25.07, 25.072, or 42.072, Penal Code; or
(4) any other offense involving family violence, as
defined by Section 71.004, Family Code.
SECTION 2.41. Section 411.145(c), Government Code, is
amended to read as follows:
(c) A fee collected under this section shall be deposited in
the state treasury to the credit of the state highway fund, and
money deposited to the state highway fund under this section and
under Chapter 42A [Articles 42.12] and Article 102.020(h), Code of
Criminal Procedure, may be used only to defray the cost of
administering this subchapter and Section 411.0205.
SECTION 2.42. Section 414.010(a), Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (d), a crime stoppers
organization certified by the council to receive money in the form
of payments from defendants placed on community supervision under
Chapter 42A [Article 42.12], Code of Criminal Procedure, or money
in the form of repayments of rewards under Articles 37.073 and
42.152, Code of Criminal Procedure, may use not more than 20 percent
of the money annually received to pay costs incurred in
administering the organization and shall use the remainder of the
money, including any interest earned on the money, only to reward
persons who report information concerning criminal activity. Not
later than January 31 of each year, a crime stoppers organization
that receives or expends money under this section shall file a
detailed report with the council.
SECTION 2.43. Sections 414.011(a) and (b), Government Code,
are amended to read as follows:
(a) The council shall, on application by a crime stoppers
organization, determine whether the organization is qualified to
receive repayments of rewards under Articles 37.073 and 42.152,
Code of Criminal Procedure, or payments from a defendant under
Chapter 42A [Article 42.12], Code of Criminal Procedure. The
council shall certify a crime stoppers organization to receive
those repayments or payments if, considering the organization,
continuity, leadership, community support, and general conduct of
the crime stoppers organization, the council determines that the
repayments or payments will be spent to further the crime
prevention purposes of the organization.
(b) Each crime stoppers organization certified by the
council to receive repayments under Articles 37.073 and 42.152,
Code of Criminal Procedure, or payments from a defendant under
Chapter 42A [Article 42.12], Code of Criminal Procedure, is subject
to a review or audit, including financial and programmatic reviews
or audits, of finances or programs at the direction of the criminal
justice division of the governor's office or its designee. A copy
of the review or audit report shall be submitted to the criminal
justice division.
SECTION 2.44. Section 420.008(b), Government Code, is
amended to read as follows:
(b) The fund consists of fees collected under:
(1) Article 42A.653(a) [Section 19(e), Article
42.12], Code of Criminal Procedure;
(2) Section 508.189, Government Code; and
(3) Subchapter B, Chapter 102, Business & Commerce
Code, and deposited under Section 102.054.
SECTION 2.45. Sections 420.014(a) and (e), Government Code,
are amended to read as follows:
(a) If the attorney general reasonably believes that a court
or a community supervision office has not properly assessed or made
a reasonable effort to collect costs due under Chapter 42A [Article
42.12 or 42.18], Code of Criminal Procedure, or Chapter 508,
Government Code, the attorney general shall send a warning letter
to the court or the governing body of the governmental unit in which
the court is located.
(e) If the attorney general finds from available evidence
that a court or a community supervision office has not properly
assessed or made a reasonable effort to collect costs due under
Chapter 42A [Article 42.12 or 42.18], Code of Criminal Procedure,
or Chapter 508, Government Code, the attorney general may:
(1) refuse to award grants under this subchapter to
residents of the jurisdiction served by the court or community
supervision office; or
(2) in the case of a court, notify the State Commission
on Judicial Conduct of the findings.
SECTION 2.46. Sections 493.009(a), (a-1), (b), (c), (d),
(e), (g), (h), (k), and (q), Government Code, are amended to read as
follows:
(a) The department shall establish a program to confine and
treat:
(1) defendants required to participate in the program
under Article 42A.303 [Section 14, Article 42.12], Code of Criminal
Procedure; and
(2) individuals referred for treatment as part of a
drug court program established under Chapter 123 or a similar
program created under other law.
(a-1) The board by rule may modify requirements imposed by
this section and Chapter 42A [Article 42.12], Code of Criminal
Procedure, as necessary to properly treat individuals who are not
participating in the program as a condition of community
supervision.
(b) The board shall adopt criteria to determine the
suitability of candidates for participation in the program. The
department and the Department of State Health Services [Texas
Commission on Alcohol and Drug Abuse] shall jointly develop methods
of screening and assessing defendants required to participate in
the program under Article 42A.303 [Section 14, Article 42.12], Code
of Criminal Procedure, to determine their need for specific types
of treatment for alcohol or drug abuse problems.
(c) The program for persons required to participate in the
program under Article 42A.303 [Section 14, Article 42.12], Code of
Criminal Procedure, must consist of treatment programs that may
vary in time from 90 days to 12 months.
(d) The program for persons required to participate in the
program under Article 42A.303 [Section 14, Article 42.12], Code of
Criminal Procedure, provided under this section must contain highly
structured work, education, and treatment schedules, a clearly
delineated authority structure, and well-defined goals and
guidelines. The department shall establish a graded system of
rewards and sanctions for defendants who participate in the
program, but a defendant required to participate in the program
under Article 42A.303 [Section 14, Article 42.12], Code of Criminal
Procedure, is not entitled to earn awards of time for good conduct.
A qualified professional, at least every 60 days, must perform an
evaluation on a defendant that determines the defendant's treatment
progress and institutional behavior. Not later than three days
after the date on which a four-month evaluation is performed, the
qualified professional shall establish a tentative release date for
the defendant, notify the sentencing court of that fact, and
include with the notice a copy of the four-month evaluation. The
qualified professional immediately shall notify the court if the
professional determines the defendant's conduct requires a
revision of the tentative release date.
(e) The department shall employ or contract with qualified
professionals to implement the program for persons required to
participate in the program under Article 42A.303 [Section 14,
Article 42.12], Code of Criminal Procedure. For purposes of this
subsection, a "qualified professional" is a person who:
(1) is a licensed chemical dependency counselor;
(2) is a licensed social worker who has at least two
years of experience in chemical dependency counseling; or
(3) is a licensed professional counselor, physician,
or psychologist and who has at least two years of experience in
chemical dependency counseling.
(g) The department shall provide beds for the purpose of
operating the program for persons required to participate in the
program under Article 42A.303 [Section 14, Article 42.12], Code of
Criminal Procedure, [as amended by Chapter 900, Acts of the 73rd
Legislature, Regular Session, 1993,] except that the beds may also
be used to house the following categories of persons:
(1) persons transferred under Subchapter A, Chapter
499, and Section 508.118;
(2) persons whose community supervision or parole has
been modified;
(3) defendants confined in county jails awaiting
transfer to the institutional division; and
(4) inmates participating in the program described by
Section 501.0931.
(h) On and after the date persons are required under Article
42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, to
participate in the program established under this section, the
department shall give priority to housing those persons over the
categories of persons described by Subsections (g)(1)-(4).
(k) It is the intent of the legislature that facilities
established under this section be used primarily to house persons
required to participate in the program under Article 42A.303
[Section 14, Article 42.12], Code of Criminal Procedure, except
that if treatment beds are empty, this subsection does not prohibit
the department from using those empty beds to treat the categories
of persons listed in Subsection (g).
(q) The department not less often than every two years shall
determine whether the department should increase the number of beds
provided by the department for the operation of the program for
persons required to participate in the program under Article
42A.303 [Section 14, Article 42.12], Code of Criminal Procedure[,
as amended by Chapter 900, Acts of the 73rd Legislature, Regular
Session, 1993].
SECTION 2.47. Sections 493.009(f)(1) and (3), Government
Code, are amended to read as follows:
(f)(1) The department shall adopt rules of conduct for
persons required to participate in the program under Article
42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, or
required to participate in the program following modification of
community supervision or parole.
(3) The department, immediately on receiving notice,
shall request the sentencing court to reassume custody of the
defendant if the defendant was required to participate in the
program under Article 42A.303 [Section 14, Article 42.12], Code of
Criminal Procedure, or required to participate in the program
following modification of community supervision. The court shall
reassume custody before the 12th day after the date on which the
department notifies the court. If the court revokes the
defendant's community supervision, the admission of the defendant
to the institutional division is an admission for which the
department must account in the scheduled admissions policy
established under Section 499.071.
SECTION 2.48. Section 493.017(a), Government Code, is
amended to read as follows:
(a) A sex offender correction program that provides
counseling sessions for a sex offender under Article 42A.453
[Section 13B, Article 42.12], Code of Criminal Procedure, shall
report to the community supervision and corrections department
officer supervising the offender, not later than the 15th day of
each month, the following information about the offender:
(1) the total number of counseling sessions attended
by the sex offender during the preceding month; and
(2) if during the preceding month the sex offender
terminates participation in the program before completing
counseling, the reason for the sex offender's termination of
counseling.
SECTION 2.49. Section 499.027(b), Government Code, is
amended to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Article
42A.054(c) or (d) [Section 3g(a)(2), Article 42.12], Code of
Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection;
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection;
(Y) Section 21.02 (continuous sexual abuse of
young child or children);
(Z) Section 20A.02 (trafficking of persons); or
(AA) Section 20A.03 (continuous trafficking of
persons); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 2.50. Section 499.053(d), Government Code, is
amended to read as follows:
(d) A person transferred from the Texas Juvenile Justice
Department for the offense of capital murder shall become eligible
for parole as provided in Section 508.145(d) for an offense listed
in Article 42A.054 [Section 3g, Article 42.12], Code of Criminal
Procedure, or an offense for which a deadly weapon finding has been
made.
SECTION 2.51. Section 508.145(d), Government Code, is
amended to read as follows:
(d)(1) This subsection applies only to an [An] inmate who is
serving a sentence for:
(A) an offense described by Article 42A.054(a)
[Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), (K),
(L), (M), or (N), Article 42.12], Code of Criminal Procedure, other
than an offense under Section 19.03, Penal Code;
(B) an offense for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure;
(C) [Section 3g(a)(2) of that article,] an
offense under Section 20A.03, Penal Code;[,] or
(D) an offense under Section 71.02 or 71.023,
Penal Code.
(2) An inmate described by Subdivision (1) [,] is not
eligible for release on parole until the inmate's actual calendar
time served, without consideration of good conduct time, equals
one-half of the sentence or 30 calendar years, whichever is less,
but in no event is the inmate eligible for release on parole in less
than two calendar years.
(3) [(2)] Notwithstanding Subdivision (2) [(1)], an
inmate who is serving a sentence for an offense under Section
22.021, Penal Code [described by Section 3g(a)(1)(E), Article
42.12, Code of Criminal Procedure], is not eligible for release on
parole if the inmate is serving a sentence for an offense for which
punishment was enhanced under Section 12.42(c)(4), Penal Code.
SECTION 2.52. Sections 508.146(a) and (f), Government Code,
are amended to read as follows:
(a) An inmate other than an inmate who is serving a sentence
of death or life without parole may be released on medically
recommended intensive supervision on a date designated by a parole
panel described by Subsection (e), except that an inmate with an
instant offense that is an offense described in Article 42A.054
[Section 3g, Article 42.12], Code of Criminal Procedure, or an
inmate who has a reportable conviction or adjudication under
Chapter 62, Code of Criminal Procedure, may only be considered if a
medical condition of terminal illness or long-term care has been
diagnosed by a physician, if:
(1) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the Correctional
Managed Health Care Committee, identifies the inmate as being:
(A) a person who is elderly or terminally ill, a
person with mental illness, an intellectual disability, or a
physical disability, [physically disabled, mentally ill,
terminally ill, or mentally retarded] or a person who has [having] a
condition requiring long-term care, if the inmate is an inmate with
an instant offense that is described in Article 42A.054 [Section
3g, Article 42.12], Code of Criminal Procedure; or
(B) in a persistent vegetative state or being a
person with an organic brain syndrome with significant to total
mobility impairment, if the inmate is an inmate who has a reportable
conviction or adjudication under Chapter 62, Code of Criminal
Procedure;
(2) the parole panel determines that, based on the
inmate's condition and a medical evaluation, the inmate does not
constitute a threat to public safety; and
(3) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the pardons and
paroles division, has prepared for the inmate a medically
recommended intensive supervision plan that requires the inmate to
submit to electronic monitoring, places the inmate on
super-intensive supervision, or otherwise ensures appropriate
supervision of the inmate.
(f) An inmate who is not a citizen of the United States, as
defined by federal law, who is not under a sentence of death or life
without parole, and who does not have a reportable conviction or
adjudication under Chapter 62, Code of Criminal Procedure, or an
instant offense described in Article 42A.054 [Section 3g, Article
42.12], Code of Criminal Procedure, may be released to immigration
authorities pending deportation on a date designated by a parole
panel described by Subsection (e) if the parole panel determines
that on release the inmate would be deported to another country and
that the inmate does not constitute a threat to public safety in the
other country or this country and is unlikely to reenter this
country illegally.
SECTION 2.53. Section 508.149(a), Government Code, is
amended to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d) [Section
3g(a)(2), Article 42.12], Code of Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or Section 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code;
(16) an offense under Section 21.02, Penal Code;
(17) a first degree felony under Section 15.03, Penal
Code;
(18) an offense under Section 43.05, Penal Code;
(19) an offense under Section 20A.02, Penal Code;
(20) an offense under Section 20A.03, Penal Code; or
(21) a first degree felony under Section 71.02 or
71.023, Penal Code.
SECTION 2.54. Section 508.151(a), Government Code, is
amended to read as follows:
(a) For the purpose of diverting inmates to halfway houses
under Section 508.118, a parole panel, after reviewing all
available pertinent information, may designate a presumptive
parole date for an inmate who:
(1) has never been convicted of an offense listed
under Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
Criminal Procedure, or an offense under Section 20A.03 or 21.02,
Penal Code; and
(2) has never had a conviction with a judgment that
contains an affirmative finding under Article 42A.054(c) or (d)
[Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
SECTION 2.55. Section 508.221, Government Code, is amended
to read as follows:
Sec. 508.221. CONDITIONS PERMITTED GENERALLY. A parole
panel may impose as a condition of parole or mandatory supervision
any condition that a court may impose on a defendant placed on
community supervision under Chapter 42A [Article 42.12], Code of
Criminal Procedure, including the condition that a releasee submit
to testing for controlled substances or submit to electronic
monitoring if the parole panel determines that without testing for
controlled substances or participation in an electronic monitoring
program the inmate would not be released on parole.
SECTION 2.56. Section 508.225(a), Government Code, is
amended to read as follows:
(a) If the nature of the offense for which an inmate is
serving a sentence warrants the establishment of a child safety
zone, a parole panel may establish a child safety zone applicable to
an inmate serving a sentence for an offense listed in Article
42A.054(a) [Section 3g(a)(1), Article 42.12], Code of Criminal
Procedure, or for which the judgment contains an affirmative
finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
42.12], Code of Criminal Procedure, by requiring as a condition of
parole or release to mandatory supervision that the inmate not:
(1) supervise or participate in any program that
includes as participants or recipients persons who are 17 years of
age or younger and that regularly provides athletic, civic, or
cultural activities; or
(2) go in or on, or within a distance specified by the
panel of, a premises where children commonly gather, including a
school, day-care facility, playground, public or private youth
center, public swimming pool, or video arcade facility.
SECTION 2.57. Section 509.0071(b), Government Code, is
amended to read as follows:
(b) A commitment reduction plan submitted under this
section may contain a request for additional state funding in the
manner described by Subsection (e). A commitment reduction plan
must contain:
(1) a target number by which the county or counties
served by the department or regional partnership of departments
will, relative to the number of individuals committed in the
preceding state fiscal year from the county or counties to the Texas
Department of Criminal Justice for offenses not listed in or
described by Article 42A.054 [Section 3g, Article 42.12], Code of
Criminal Procedure, reduce that number in the fiscal year for which
the commitment reduction plan is submitted by reducing the number
of:
(A) direct sentencing commitments;
(B) community supervision revocations; or
(C) direct sentencing commitments and community
supervision revocations;
(2) a calculation, based on the most recent Criminal
Justice Uniform Cost Report published by the Legislative Budget
Board, of the savings to the state that will result from the county
or counties reaching the target number described by Subdivision
(1);
(3) an explanation of the programs and services the
department or regional partnership of departments intends to
provide using any funding received under Subsection (e)(1),
including any programs or services designed to enhance public
safety, reduce recidivism, strengthen the investigation and
prosecution of criminal offenses, improve programs and services
available to victims of crime, and increase the amount of
restitution collected from persons supervised by the department or
regional partnership of departments;
(4) a pledge by the department or regional partnership
of departments to provide accurate data to the division at the time
and in the manner required by the division;
(5) a pledge to repay to the state, not later than the
30th day after the last day of the state fiscal year in which the
lump-sum award is made, a percentage of the lump sum received under
Subsection (e)(1) that is equal to the percentage by which the
county or counties fail to reach the target number described by
Subdivision (1), if the county or counties do not reach that target
number; and
(6) if the commitment reduction plan is submitted by a
regional partnership of departments, an agreement and plan for the
receipt, division, and administration of any funding received under
Subsection (e).
SECTION 2.58. Section 509.015, Government Code, is amended
to read as follows:
Sec. 509.015. TREATMENT STANDARDS FOR CERTAIN STATE JAIL
FELONIES. The division shall propose and the board shall adopt best
practices standards for substance abuse treatment conditions
imposed under Article 42A.554(c) [Section 15(c)(2), Article
42.12], Code of Criminal Procedure.
SECTION 2.59. Section 509.017, Government Code, is amended
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 Article 42A.551(d)(2)(B) [Section
15(a)(2)(B)(ii), Article 42.12], Code of Criminal Procedure; and
(2) provide 30 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 2.60. Section 557.001(c), Government Code, is
amended to read as follows:
(c) A person convicted of an offense under this section may
not receive community supervision [probation] under Chapter 42A
[Article 42.12], Code of Criminal Procedure.
SECTION 2.61. Section 772.0071(a)(1), Government Code, is
amended to read as follows:
(1) "Border crime" means any crime that occurs in the
border region and that undermines public safety or security,
including an offense:
(A) during the prosecution of which an
affirmative finding may be requested under Article 42A.054(c) or
(d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure;
(B) under Chapter 19, 20, 20A, 46, or 71, Penal
Code;
(C) under Title 7 or 8, Penal Code;
(D) under Chapter 481, Health and Safety Code;
(E) committed by a person who is not a citizen or
national of the United States and is not lawfully present in the
United States; or
(F) that is coordinated with or related to
activities or crimes that occur or are committed in the United
Mexican States.
SECTION 2.62. Section 2001.221, Government Code, is amended
to read as follows:
Sec. 2001.221. DRIVER'S LICENSES. This chapter does not
apply to a suspension, revocation, cancellation, denial, or
disqualification of a driver's license or commercial driver's
license as authorized by:
(1) Subchapter N, Chapter 521, Transportation Code,
except Sections 521.304 and 521.305 of that subchapter, or by
Subchapter O or P of that chapter;
(2) Chapter 522, Transportation Code;
(3) Chapter 601, Transportation Code; or
(4) Article 42A.406 or 42A.407 [Section 13, Article
42.12], Code of Criminal Procedure.
SECTION 2.63. Section 2002.023, Government Code, is amended
to read as follows:
Sec. 2002.023. EXCEPTIONS. This subchapter does not apply
to:
(1) a suspension, revocation, cancellation, denial,
or disqualification of a driver's license or commercial driver's
license as authorized by:
(A) Subchapter N, Chapter 521, Transportation
Code, except Sections 521.304 and 521.305 of that subchapter, or by
Subchapter O or P of that chapter;
(B) Chapter 522, Transportation Code;
(C) Chapter 601, Transportation Code;
(D) Chapter 724, Transportation Code; or
(E) Article 42A.406 or 42A.407 [Section 13,
Article 42.12], Code of Criminal Procedure;
(2) matters related solely to the internal personnel
rules and practices of a state agency;
(3) the Texas Workforce Commission, other than to
matters of unemployment insurance maintained by the commission; or
(4) a rule or internal procedure of the Texas
Department of Criminal Justice or Texas Board of Criminal Justice
that applies to an inmate or any other person under the custody or
control of the department or to an action taken under that rule or
procedure.
SECTION 2.64. Section 81.093(b), Health and Safety Code, is
amended to read as follows:
(b) The court shall order that a presentence
[presentencing] report be prepared under Subchapter F, Chapter 42A
[Section 9, Article 42.12], Code of Criminal Procedure, to
determine if a person convicted of an offense under Chapter 481
(Texas Controlled Substances Act) or under Sections 485.031 through
485.035 should be subject to Section 81.083 and Subchapter G.
SECTION 2.65. Section 169.001(b), Health and Safety Code,
is amended to read as follows:
(b) If a defendant successfully completes a first offender
prostitution prevention program, regardless of whether the
defendant was convicted of the offense for which the defendant
entered the program or whether the court deferred further
proceedings without entering an adjudication of guilt, after notice
to the state and a hearing on whether the defendant is otherwise
entitled to the petition, including whether the required time
period has elapsed, and whether issuance of the order is in the best
interest of justice, the court shall enter an order of
nondisclosure under Section 411.081, Government Code, as if the
defendant had received a discharge and dismissal under Article
42A.111 [Section 5(c), Article 42.12], Code of Criminal Procedure,
with respect to all records and files related to the defendant's
arrest for the offense for which the defendant entered the program
if the defendant:
(1) has not been previously convicted of a felony
offense; and
(2) is not convicted of any other felony offense
before the second anniversary of the defendant's successful
completion of the program.
SECTION 2.66. Section 169.002(b), Health and Safety Code,
is amended to read as follows:
(b) A defendant is eligible to participate in a first
offender prostitution prevention program established under this
chapter only if:
(1) the attorney representing the state consents to
the defendant's participation in the program; and
(2) the court in which the criminal case is pending
finds that the defendant has not been previously convicted of:
(A) an offense under Section 20A.02, 43.02,
43.03, 43.04, or 43.05, Penal Code;
(B) an offense listed in Article 42A.054(a)
[Section 3g(a)(1), Article 42.12], Code of Criminal Procedure; or
(C) an offense punishable as a felony under
Chapter 481.
SECTION 2.67. Section 169A.001(b), Health and Safety Code,
is amended to read as follows:
(b) If a defendant successfully completes a prostitution
prevention program, regardless of whether the defendant was
convicted of the offense for which the defendant entered the
program or whether the court deferred further proceedings without
entering an adjudication of guilt, after notice to the state and a
hearing on whether the defendant is otherwise entitled to the
petition, including whether the required time has elapsed, and
whether issuance of the order is in the best interest of justice,
the court shall enter an order of nondisclosure under Section
411.081, Government Code, as if the defendant had received a
discharge and dismissal under Article 42A.111 [Section 5(c),
Article 42.12], Code of Criminal Procedure, with respect to all
records and files related to the defendant's arrest for the offense
for which the defendant entered the program.
SECTION 2.68. Section 250.006(d), Health and Safety Code,
is amended to read as follows:
(d) For purposes of this section, a person who is placed on
deferred adjudication community supervision for an offense listed
in this section, successfully completes the period of deferred
adjudication community supervision, and receives a dismissal and
discharge in accordance with Article 42A.111 [Section 5(c), Article
42.12], Code of Criminal Procedure, is not considered convicted of
the offense for which the person received deferred adjudication
community supervision.
SECTION 2.69. Section 534.053(c), Health and Safety Code,
is amended to read as follows:
(c) To the extent that resources are available, the
department shall:
(1) ensure that the services listed in this section
are available for children, including adolescents, as well as
adults, in each service area;
(2) emphasize early intervention services for
children, including adolescents, who meet the department's
definition of being at high risk of developing severe emotional
disturbances or severe mental illnesses; and
(3) ensure that services listed in this section are
available for defendants required to submit to mental health
treatment under Article 17.032, 42A.104, or 42A.506 [Section 5(a)
or 11(d), Article 42.12], Code of Criminal Procedure.
SECTION 2.70. Section 614.0032(a), Health and Safety Code,
is amended to read as follows:
(a) The office shall:
(1) perform duties imposed on the office by Section
508.146, Government Code; and
(2) periodically identify state jail felony
defendants suitable for release under Article 42A.561 [Section
15(i), Article 42.12], Code of Criminal Procedure, and perform
other duties imposed on the office by that article [section].
SECTION 2.71. Section 773.0614(c), Health and Safety Code,
is amended to read as follows:
(c) A certificate holder's certificate shall be revoked if
the certificate holder has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for:
(1) an offense listed in Article 42A.054(a)(2), (3),
(4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A) through
(H), Article 42.12], Code of Criminal Procedure; or
(2) an offense, other than an offense described by
Subdivision (1), committed on or after September 1, 2009, for which
the person is subject to registration under Chapter 62, Code of
Criminal Procedure.
SECTION 2.72. Section 773.06141(a), Health and Safety Code,
as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a) The department may suspend, revoke, or deny an emergency
medical services provider license on the grounds that the
provider's administrator of record, employee, or other
representative:
(1) has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, an
offense that directly relates to the duties and responsibilities of
the administrator, employee, or representative, other than an
offense for which points are assigned under Section 708.052,
Transportation Code;
(2) has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for an
offense, including:
(A) an offense listed in Article 42A.054(a)(2),
(3), (4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A)
through (H), Article 42.12], Code of Criminal Procedure; or
(B) an offense, other than an offense described
by Subdivision (1), for which the person is subject to registration
under Chapter 62, Code of Criminal Procedure; or
(3) has been convicted of Medicare or Medicaid fraud,
has been excluded from participation in the state Medicaid program,
or has a hold on payment for reimbursement under the state Medicaid
program under Subchapter C, Chapter 531, Government Code.
SECTION 2.73. Section 841.082(a), Health and Safety Code,
is amended to read as follows:
(a) Before entering an order directing a person's
outpatient civil commitment, the judge shall impose on the person
requirements necessary to ensure the person's compliance with
treatment and supervision and to protect the community. The
requirements shall include:
(1) requiring the person to reside in a Texas
residential facility under contract with the office or at another
location or facility approved by the office;
(2) prohibiting the person's contact with a victim or
potential victim of the person;
(3) prohibiting the person's possession or use of
alcohol, inhalants, or a controlled substance;
(4) requiring the person's participation in and
compliance with a specific course of treatment provided by the
office and compliance with all written requirements imposed by the
case manager or otherwise by the office;
(5) requiring the person to:
(A) submit to tracking under a particular type of
tracking service and to any other appropriate supervision; and
(B) refrain from tampering with, altering,
modifying, obstructing, or manipulating the tracking equipment;
(6) prohibiting the person from changing the person's
residence without prior authorization from the judge and from
leaving the state without that prior authorization;
(7) if determined appropriate by the judge,
establishing a child safety zone in the same manner as a child
safety zone is established by a judge under Article 42A.453
[Section 13B, Article 42.12], Code of Criminal Procedure, and
requiring the person to comply with requirements related to the
safety zone; and
(8) any other requirements determined necessary by the
judge.
SECTION 2.74. Section 133.055(b), Local Government Code, is
amended to read as follows:
(b) If the treasurer does not collect any fees during a
calendar quarter, the treasurer shall file the report required for
the quarter in the regular manner. The report must state that no
fees were collected. This subsection does not apply to fees
collected under Article 42A.303 or 42A.653 [Sections 14 and 19,
Article 42.12], Code of Criminal Procedure, or under Section
76.013, Government Code.
SECTION 2.75. Section 133.058(d), Local Government Code, is
amended to read as follows:
(d) A county may not retain a service fee on the collection
of a fee:
(1) for the judicial fund;
(2) under Article 42A.303 or 42A.653 [Sections 14 and
19, Article 42.12], Code of Criminal Procedure; or
(3) under Section 51.851, Government Code.
SECTION 2.76. Section 152.017, Local Government Code, is
amended to read as follows:
Sec. 152.017. EXCEPTIONS. This subchapter does not apply
to:
(1) a judge of a court of record;
(2) a presiding judge of a commissioners court in a
county with a population of 3.3 million or more;
(3) a district attorney paid wholly by state funds or
the district attorney's assistants, investigators, or other
employees;
(4) a county auditor, county purchasing agent, or the
auditor's or purchasing agent's assistants or other employees; or
(5) a person employed under Section 76.004, Government
Code [10, Article 42.12, Code of Criminal Procedure].
SECTION 2.77. Section 157.002(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court by rule may provide for medical
care and hospitalization and may provide for compensation,
accident, hospital, and disability insurance for the following
persons if their salaries are paid from the funds of the county or
funds of a flood control district located entirely in the county, or
funds of a hospital district described by Section 281.0475, Health
and Safety Code, located entirely in the county, or if they are
employees of another governmental entity for which the county is
obligated to provide benefits:
(1) deputies, assistants, and other employees of the
county, or of the flood control district, or of the hospital
district, who work under the commissioners court or its appointees;
(2) county and district officers and their deputies
and assistants appointed under Subchapter A, Chapter 151;
(3) employees appointed under Section 76.004(b),
Government Code [10(a), Article 42.12, Code of Criminal Procedure];
(4) any retired person formerly holding any status
listed above; and
(5) the dependents of any person listed above.
SECTION 2.78. Section 352.082(d), Local Government Code, is
amended to read as follows:
(d) An offense under this section is a Class C misdemeanor.
On conviction of an offense under this section, the court shall
require the defendant, in addition to any fine, to perform
community service as provided by Article 42A.304(e) [Section 16(e),
Article 42.12], Code of Criminal Procedure.
SECTION 2.79. Section 53.021(a), Occupations Code, is
amended to read as follows:
(a) A licensing authority may suspend or revoke a license,
disqualify a person from receiving a license, or deny to a person
the opportunity to take a licensing examination on the grounds that
the person has been convicted of:
(1) an offense that directly relates to the duties and
responsibilities of the licensed occupation;
(2) an offense that does not directly relate to the
duties and responsibilities of the licensed occupation and that was
committed less than five years before the date the person applies
for the license;
(3) an offense listed in Article 42A.054 [Section 3g,
Article 42.12], Code of Criminal Procedure; or
(4) a sexually violent offense, as defined by Article
62.001, Code of Criminal Procedure.
SECTION 2.80. Section 109.001(3), Occupations Code, is
amended to read as follows:
(3) "Sex offender" has the meaning assigned by Article
42A.251(2) [Section 9(m), Article 42.12], Code of Criminal
Procedure.
SECTION 2.81. Section 12.35(c), Penal Code, is amended to
read as follows:
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section 20A.03 or 21.02 or listed in
Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d) [Section
3g(a)(2), Article 42.12], Code of Criminal Procedure.
SECTION 2.82. Section 12.42(h), Penal Code, is amended to
read as follows:
(h) In this section, "sexually violent offense" means an
offense:
(1) described by Article 62.001(6), Code of Criminal
Procedure; and
(2) for which an affirmative finding has been entered
under Article 42.015(b) or 42A.105(a) [Section 5(e)(2), Article
42.12], Code of Criminal Procedure, for an offense other than an
offense under Section 21.02 or 22.021.
SECTION 2.83. Section 15.031(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, with intent that an
offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
42.12], Code of Criminal Procedure, be committed, the person
requests, commands, or attempts to induce a minor to engage in
specific conduct that, under the circumstances surrounding the
actor's conduct as the actor believes them to be, would constitute
an offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
42.12,] or make the minor a party to the commission of an offense
listed by Article 42A.054(a) [Section 3g(a)(1), Article 42.12].
SECTION 2.84. Section 49.09(h), Penal Code, is amended to
read as follows:
(h) This subsection applies only to a person convicted of a
second or subsequent offense relating to the operating of a motor
vehicle while intoxicated committed within five years of the date
on which the most recent preceding offense was committed. The court
shall enter an order that requires the defendant to have a device
installed, on each motor vehicle owned or operated by the
defendant, that uses a deep-lung breath analysis mechanism to make
impractical the operation of the motor vehicle if ethyl alcohol is
detected in the breath of the operator, and that requires that
before the first anniversary of the ending date of the period of
license suspension under Section 521.344, Transportation Code, the
defendant not operate any motor vehicle that is not equipped with
that device. The court shall require the defendant to obtain the
device at the defendant's own cost on or before that ending date,
require the defendant to provide evidence to the court on or before
that ending date that the device has been installed on each
appropriate vehicle, and order the device to remain installed on
each vehicle until the first anniversary of that ending date. If
the court determines the offender is unable to pay for the device,
the court may impose a reasonable payment schedule not to extend
beyond the first anniversary of the date of installation. The
Department of Public Safety shall approve devices for use under
this subsection. Section 521.247, Transportation Code, applies to
the approval of a device under this subsection and the consequences
of that approval. Failure to comply with an order entered under
this subsection is punishable by contempt. For the purpose of
enforcing this subsection, the court that enters an order under
this subsection retains jurisdiction over the defendant until the
date on which the device is no longer required to remain installed.
To the extent of a conflict between this subsection and Article
42A.408 [Section 13(i), Article 42.12], Code of Criminal Procedure,
this subsection controls.
SECTION 2.85. Section 71.023(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person, as part of the
identifiable leadership of a criminal street gang, knowingly
finances, directs, or supervises the commission of, or a conspiracy
to commit, one or more of the following offenses by members of a
criminal street gang:
(1) a felony offense that is listed in Article
42A.054(a) [Section 3g(a)(1), Article 42.12], Code of Criminal
Procedure;
(2) a felony offense for which it is shown that a
deadly weapon, as defined by Section 1.07, was used or exhibited
during the commission of the offense or during immediate flight
from the commission of the offense; or
(3) an offense that is punishable under Section
481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or
481.120(b)(6), Health and Safety Code.
SECTION 2.86. Section 521.245(b), Transportation Code, is
amended to read as follows:
(b) The program required under Subsection (a) may not be the
program provided by Section 521.344 or by Article 42A.403 or
42A.404 [Section 13, Article 42.12], Code of Criminal Procedure.
SECTION 2.87. Section 521.320(f), Transportation Code, is
amended to read as follows:
(f) For the purposes of this section, a person is convicted
of an offense regardless of whether sentence is imposed or the
person is placed on community supervision for the offense under
Chapter 42A [Article 42.12], Code of Criminal Procedure.
SECTION 2.88. Section 521.342(b), Transportation Code, is
amended to read as follows:
(b) The department shall suspend for one year the license of
a person who is under 21 years of age and is convicted of an offense
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
regardless of whether the person is required to attend an
educational program under Article 42A.403 [Section 13(h), Article
42.12], Code of Criminal Procedure, that is designed to
rehabilitate persons who have operated motor vehicles while
intoxicated, unless the person is placed under community
supervision under Chapter 42A, Code of Criminal Procedure, [that
article] and is required as a condition of the community
supervision to not operate a motor vehicle unless the vehicle is
equipped with the device described by Article 42A.408 [Section
13(i)] of that chapter [article]. If the person is required to
attend such a program and does not complete the program before the
end of the person's suspension, the department shall suspend the
person's license or continue the suspension, as appropriate, until
the department receives proof that the person has successfully
completed the program. On the person's successful completion of
the program, the person's instructor shall give notice to the
department and to the community supervision and corrections
department in the manner provided by Article 42A.406(b) [Section
13(h), Article 42.12], Code of Criminal Procedure.
SECTION 2.89. Sections 521.344(d), (f), and (i),
Transportation Code, are amended to read as follows:
(d) Except as provided by Subsection (e) and Section
521.342(b), during a period of probation the department may not
revoke the person's license if the person is required under Article
42A.403 or 42A.404 [Section 13(h) or (j), Article 42.12], Code of
Criminal Procedure, to successfully complete an educational
program designed to rehabilitate persons who have operated motor
vehicles while intoxicated, unless the person was punished under
Section 49.09(a) or (b), Penal Code, and was subject to Section
49.09(h) of that code. The department may not revoke the license of
a person:
(1) for whom the jury has recommended that the license
not be revoked under Article 42A.407(a) [Section 13(g), Article
42.12], Code of Criminal Procedure; or
(2) who is placed under community supervision under
Chapter 42A, Code of Criminal Procedure, [that article] and is
required as a condition of community supervision to not operate a
motor vehicle unless the vehicle is equipped with the device
described by Article 42A.408 [Section 13(i)] of that chapter
[article], unless the person was punished under Section 49.09(a) or
(b), Penal Code, and was subject to Section 49.09(g) of that code.
(f) After the date has passed, according to department
records, for successful completion of an educational program for
repeat offenders as required by Article 42A.404 [Section 13,
Article 42.12], Code of Criminal Procedure, the director shall
suspend the license of a person who does not successfully complete
the program or, if the person is a resident without a license, shall
issue an order prohibiting the person from obtaining a license.
(i) On the date that a suspension order under Section
521.343(c) is to expire, the period of suspension or the
corresponding period in which the department is prohibited from
issuing a license is automatically increased to two years unless
the department receives notice of successful completion of the
educational program as required by Article 42A.406 [Section 13,
Article 42.12], Code of Criminal Procedure. At the time a person is
convicted of an offense under Section 49.04 or 49.045, Penal Code,
the court shall warn the person of the effect of this subsection.
On the person's successful completion of the program, the person's
instructor shall give notice to the department and to the community
supervision and corrections department in the manner required by
Article 42A.406(b) [Section 13, Article 42.12], Code of Criminal
Procedure. If the department receives proof of completion after a
period has been extended under this subsection, the department
shall immediately end the suspension or prohibition.
SECTION 2.90. Section 521.350(d), Transportation Code, is
amended to read as follows:
(d) A person whose license is suspended under Subsection (a)
shall be required by the court in which the person was convicted to
perform at least 10 hours of community service as ordered by the
court. If the person is a resident of this state without a driver's
license to operate a motor vehicle, the court shall issue an order
prohibiting the department from issuing the person a driver's
license before the person completes the community service.
Community service required under this subsection is in addition to
any community service required of the person as a condition of
community supervision under Article 42A.304 [Section 16, Article
42.12], Code of Criminal Procedure.
SECTION 2.91. Section 522.088, Transportation Code, is
amended to read as follows:
Sec. 522.088. APPLICABILITY OF OTHER LAW. Section 521.344
of this code and Subchapter I, Chapter 42A [Section 13, Article
42.12], Code of Criminal Procedure, except Article 42A.409 of that
subchapter, do not apply to a person disqualified under this
chapter.
ARTICLE 3. REPEALER
SECTION 3.01. Article 42.12, Code of Criminal Procedure, is
repealed.
ARTICLE 4. GENERAL MATTERS
SECTION 4.01. This Act is enacted under Section 43, Article
III, Texas Constitution. This Act is intended as a codification
only, and no substantive change in the law is intended by this Act.
SECTION 4.02. This Act takes effect January 1, 2017.
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