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Texas House Bill HB2299

Texas 2015 - 84th Regular

Texas House Bill HB2299 Compare Versions

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1-By: Riddle (Senate Sponsor - Whitmire) H.B. No. 2299
2- (In the Senate - Received from the House May 6, 2015;
3- May 6, 2015, read first time and referred to Committee on Criminal
4- Justice; May 21, 2015, reported favorably by the following vote:
5- Yeas 7, Nays 0; May 21, 2015, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 2299
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to the nonsubstantive revision of certain laws concerning
126 community supervision granted in criminal cases, including
137 conforming amendments.
148 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
159 ARTICLE 1. NONSUBSTANTIVE REVISION OF COMMUNITY SUPERVISION LAWS
1610 SECTION 1.01. Title 1, Code of Criminal Procedure, is amended by adding Chapter 42A to read as follows:
1711 CHAPTER 42A. COMMUNITY SUPERVISION
1812 SUBCHAPTER A. GENERAL PROVISIONS
1913 Art. 42A.001. DEFINITIONS
2014 SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
2115 Art. 42A.051. AUTHORITY TO GRANT COMMUNITY
2216 SUPERVISION, IMPOSE OR MODIFY
2317 CONDITIONS, OR DISCHARGE DEFENDANT
2418 Art. 42A.052. MODIFICATION OF CONDITIONS BY
2519 SUPERVISION OFFICER OR MAGISTRATE
2620 Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION
2721 Art. 42A.054. LIMITATION ON JUDGE-ORDERED COMMUNITY
2822 SUPERVISION
2923 Art. 42A.055. JURY-RECOMMENDED COMMUNITY SUPERVISION
3024 Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
3125 SUPERVISION
3226 Art. 42A.057. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
3327 CERTAIN BURGLARIES OF VEHICLES
3428 SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
3529 Art. 42A.101. PLACEMENT ON DEFERRED ADJUDICATION
3630 COMMUNITY SUPERVISION
3731 Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
3832 COMMUNITY SUPERVISION
3933 Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION
4034 COMMUNITY SUPERVISION
4135 Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION
4236 COMMUNITY SUPERVISION; IMPOSITION OF
4337 FINE
4438 Art. 42A.105. AFFIRMATIVE FINDINGS
4539 Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO
4640 PETITION FOR ORDER OF NONDISCLOSURE
4741 Art. 42A.107. REQUEST FOR FINAL ADJUDICATION
4842 Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
4943 ADJUDICATION COMMUNITY SUPERVISION;
5044 HEARING
5145 Art. 42A.109. DUE DILIGENCE DEFENSE
5246 Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION
5347 Art. 42A.111. DISMISSAL AND DISCHARGE
5448 SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
5549 Art. 42A.151. TRANSFER OF JURISDICTION
5650 Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING
5751 GEOGRAPHICAL JURISDICTION
5852 Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE
5953 Art. 42A.154. LEAVING THE STATE
6054 SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
6155 JURISDICTION
6256 Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR
6357 CASES
6458 Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES
6559 Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE
6660 IN FELONY CASES
6761 Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM
6862 USED OR EXHIBITED
6963 SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
7064 Art. 42A.251. DEFINITIONS
7165 Art. 42A.252. PRESENTENCE REPORT REQUIRED
7266 Art. 42A.253. CONTENTS OF PRESENTENCE REPORT
7367 Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF
7468 CONTENTS
7569 Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT;
7670 ACCESS TO INFORMATION BY STATE
7771 Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION
7872 OFFICER; CONFIDENTIALITY OF REPORT
7973 Art. 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR
8074 DRUG REHABILITATION
8175 Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER
8276 TREATMENT, SPECIALIZED SUPERVISION, OR
8377 REHABILITATION
8478 Art. 42A.259. POSTSENTENCE REPORT
8579 SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
8680 Art. 42A.301. BASIC DISCRETIONARY CONDITIONS
8781 Art. 42A.302. CONFINEMENT
8882 Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM
8983 Art. 42A.304. COMMUNITY SERVICE
9084 Art. 42A.305. COMMUNITY OUTREACH
9185 Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF
9286 STATE
9387 Art. 42A.307. ORCHIECTOMY PROHIBITED
9488 SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY
9589 Art. 42A.351. EDUCATIONAL SKILL LEVEL
9690 Art. 42A.352. DNA SAMPLE
9791 SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
9892 OFFENSES
9993 Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY
10094 SUPERVISION FOR CERTAIN INTOXICATION
10195 OFFENSES
10296 Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION
10397 AND REHABILITATION
10498 Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN
10599 INTOXICATION OFFENDERS; WAIVER OR
106100 EXTENSION OF TIME
107101 Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
108102 INTOXICATION OFFENDERS; WAIVER
109103 Art. 42A.405. RULES FOR AND ADMINISTRATION OF
110104 EDUCATIONAL PROGRAMS
111105 Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM
112106 REQUIREMENTS ON DRIVING RECORD AND
113107 LICENSE
114108 Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE
115109 Art. 42A.408. USE OF IGNITION INTERLOCK DEVICE
116110 Art. 42A.409. COMMUNITY SUPERVISION FOR ENHANCED
117111 PUBLIC INTOXICATION OFFENSE
118112 SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
119113 Art. 42A.451. SEX OFFENDER REGISTRATION; DNA SAMPLE
120114 Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR
121115 REHABILITATION
122116 Art. 42A.453. CHILD SAFETY ZONE
123117 Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED
124118 Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER
125119 SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
126120 OFFENDERS
127121 Art. 42A.501. COMMUNITY SUPERVISION FOR OFFENSE
128122 COMMITTED BECAUSE OF BIAS OR PREJUDICE
129123 Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN
130124 VIOLENT OFFENSES; CHILD SAFETY ZONE
131125 Art. 42A.503. COMMUNITY SUPERVISION FOR CERTAIN CHILD
132126 ABUSE OFFENSES; PROHIBITED CONTACT
133127 WITH VICTIM
134128 Art. 42A.504. COMMUNITY SUPERVISION FOR CERTAIN
135129 OFFENSES INVOLVING FAMILY VIOLENCE;
136130 SPECIAL CONDITIONS
137131 Art. 42A.505. COMMUNITY SUPERVISION FOR STALKING
138132 OFFENSE; PROHIBITED CONTACT WITH
139133 VICTIM
140134 Art. 42A.506. COMMUNITY SUPERVISION FOR DEFENDANT WITH
141135 MENTAL IMPAIRMENT
142136 Art. 42A.507. COMMUNITY SUPERVISION FOR CERTAIN
143137 DEFENDANTS IDENTIFIED AS MEMBERS OF
144138 CRIMINAL STREET GANGS; ELECTRONIC
145139 MONITORING
146140 Art. 42A.508. COMMUNITY SUPERVISION FOR CERTAIN
147141 ORGANIZED CRIME OFFENSES; RESTRICTIONS
148142 ON OPERATION OF MOTOR VEHICLE
149143 Art. 42A.509. COMMUNITY SUPERVISION FOR GRAFFITI
150144 OFFENSE
151145 Art. 42A.510. COMMUNITY SUPERVISION FOR ENHANCED
152146 DISORDERLY CONDUCT OFFENSE
153147 Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN
154148 OFFENSES INVOLVING ANIMALS
155149 Art. 42A.512. COMMUNITY SUPERVISION FOR ELECTRONIC
156150 TRANSMISSION OF CERTAIN VISUAL
157151 MATERIAL
158152 Art. 42A.513. COMMUNITY SUPERVISION FOR MAKING FIREARM
159153 ACCESSIBLE TO CHILD
160154 SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
161155 Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION;
162156 EXECUTION OF SENTENCE
163157 Art. 42A.552. REVIEW OF PRESENTENCE REPORT
164158 Art. 42A.553. MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
165159 SUPERVISION; EXTENSION
166160 Art. 42A.554. CONDITIONS OF COMMUNITY SUPERVISION
167161 Art. 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY
168162 SUPERVISION
169163 Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
170164 COMMUNITY SUPERVISION
171165 Art. 42A.557. REPORT BY DIRECTOR OF FACILITY
172166 Art. 42A.558. REVOCATION; OPTIONS REGARDING EXECUTION
173167 OF SENTENCE
174168 Art. 42A.559. CREDITS FOR TIME SERVED
175169 Art. 42A.560. MEDICAL RELEASE
176170 Art. 42A.561. MEDICAL RELEASE
177171 SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
178172 Art. 42A.601. DEFINITION
179173 Art. 42A.602. MAXIMUM TERM OR TERMS OF CONFINEMENT
180174 Art. 42A.603. EFFECT OF REVOCATION ON CREDIT FOR TIME
181175 SPENT IN FACILITY
182176 Art. 42A.604. EVALUATION OF DEFENDANT'S BEHAVIOR AND
183177 ATTITUDE
184178 Art. 42A.605. PLACEMENT IN COMMUNITY SERVICE PROJECT
185179 Art. 42A.606. CONFINEMENT REQUIRED; EXCEPTIONS
186180 Art. 42A.607. DISPOSITION OF SALARY
187181 SUBCHAPTER N. PAYMENTS; FEES
188182 Art. 42A.651. PAYMENT AS CONDITION OF COMMUNITY
189183 SUPERVISION
190184 Art. 42A.652. MONTHLY FEE
191185 Art. 42A.653. ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
192186 OFFENDERS
193187 Art. 42A.654. FEES DUE ON CONVICTION
194188 Art. 42A.655. ABILITY TO PAY
195189 SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
196190 PERIOD
197191 Art. 42A.701. REDUCTION OR TERMINATION OF COMMUNITY
198192 SUPERVISION PERIOD
199193 Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN
200194 CONDITIONS OF COMMUNITY SUPERVISION
201195 SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
202196 Art. 42A.751. VIOLATION OF CONDITIONS OF COMMUNITY
203197 SUPERVISION; DETENTION AND HEARING
204198 Art. 42A.752. CONTINUATION OR MODIFICATION OF
205199 COMMUNITY SUPERVISION AFTER VIOLATION
206200 Art. 42A.753. EXTENSION OF COMMUNITY SUPERVISION AFTER
207201 VIOLATION
208202 Art. 42A.754. AUTHORITY TO REVOKE COMMUNITY
209203 SUPERVISION
210204 Art. 42A.755. REVOCATION OF COMMUNITY SUPERVISION
211205 Art. 42A.756. DUE DILIGENCE DEFENSE
212206 Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR
213207 CERTAIN SEX OFFENDERS
214208 CHAPTER 42A. COMMUNITY SUPERVISION
215209 SUBCHAPTER A. GENERAL PROVISIONS
216210 Art. 42A.001. DEFINITIONS. In this chapter:
217211 (1) "Community supervision" means the placement of a
218212 defendant by a court under a continuum of programs and sanctions,
219213 with conditions imposed by the court for a specified period during
220214 which:
221215 (A) criminal proceedings are deferred without an
222216 adjudication of guilt; or
223217 (B) a sentence of imprisonment or confinement,
224218 imprisonment and fine, or confinement and fine, is probated and the
225219 imposition of sentence is suspended in whole or in part.
226220 (2) "Court" means a court of record having original
227221 criminal jurisdiction.
228222 (3) "Electronic monitoring" includes voice tracking
229223 systems, position tracking systems, position location systems,
230224 biometric tracking systems, and any other electronic or
231225 telecommunications system that may be used to assist in the
232226 supervision of defendants under this chapter.
233227 (4) "Supervision officer" means a person appointed or
234228 employed under Section 76.004, Government Code, to supervise
235229 defendants placed on community supervision. (Code Crim. Proc.,
236230 Art. 42.12, Sec. 2.)
237231 SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
238232 Art. 42A.051. AUTHORITY TO GRANT COMMUNITY SUPERVISION,
239233 IMPOSE OR MODIFY CONDITIONS, OR DISCHARGE DEFENDANT. (a) Unless
240234 the judge has transferred jurisdiction of the case to another court
241235 under Article 42A.151, only the court in which the defendant was
242236 tried may:
243237 (1) grant community supervision;
244238 (2) impose conditions; or
245239 (3) discharge the defendant.
246240 (b) The judge of the court having jurisdiction of the case
247241 may, at any time during the period of community supervision, modify
248242 the conditions of community supervision. Except as provided by
249243 Article 42A.052(a), only the judge may modify the conditions.
250244 (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part), 11(a) (part).)
251245 Art. 42A.052. MODIFICATION OF CONDITIONS BY SUPERVISION
252246 OFFICER OR MAGISTRATE. (a) A judge who places a defendant on
253247 community supervision may authorize the supervision officer
254248 supervising the defendant or a magistrate appointed by the district
255249 courts in the county that give preference to criminal cases to
256250 modify the conditions of community supervision for the limited
257251 purpose of transferring the defendant to different programs within
258252 the community supervision continuum of programs and sanctions.
259253 (b) A supervision officer or magistrate who modifies the
260254 conditions of community supervision shall:
261255 (1) deliver a copy of the modified conditions to the
262256 defendant;
263257 (2) file a copy of the modified conditions with the
264258 sentencing court; and
265259 (3) note the date of delivery of the copy in the
266260 defendant's file.
267261 (c) If the defendant agrees to the modification in writing,
268262 the officer or magistrate shall file a copy of the modified
269263 conditions with the district clerk and the conditions shall be
270264 enforced as modified. If the defendant does not agree to the
271265 modification in writing, the supervision officer or magistrate
272266 shall refer the case to the judge for modification in the manner
273267 provided by Article 42A.752. (Code Crim. Proc., Art. 42.12, Secs.
274268 10(d), (e).)
275269 Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION. (a) A
276270 judge, in the best interest of justice, the public, and the
277271 defendant, after conviction or a plea of guilty or nolo contendere,
278272 may:
279273 (1) suspend the imposition of the sentence and place
280274 the defendant on community supervision; or
281275 (2) impose a fine applicable to the offense and place
282276 the defendant on community supervision.
283277 (b) A judge may not deny community supervision to a
284278 defendant based solely on the defendant's inability to speak, read,
285279 write, hear, or understand English.
286280 (c) A defendant is not eligible for community supervision
287281 under this article if the defendant is sentenced to serve:
288282 (1) a term of imprisonment that exceeds 10 years; or
289283 (2) a term of confinement under Section 12.35, Penal
290284 Code.
291285 (d) In a felony case:
292286 (1) the minimum period of community supervision is the
293287 same as the minimum term of imprisonment applicable to the offense;
294288 and
295289 (2) the maximum period of community supervision is:
296290 (A) 10 years, for a felony other than a third
297291 degree felony described by Paragraph (B); and
298292 (B) five years, for any of the following third
299293 degree felonies:
300294 (i) a third degree felony under Title 7,
301295 Penal Code; and
302296 (ii) a third degree felony under Chapter
303297 481, Health and Safety Code.
304298 (e) Notwithstanding Subsection (d), the minimum period of
305299 community supervision under this article for a felony described by
306300 Article 42A.453(b) is five years.
307301 (f) The maximum period of community supervision in a
308302 misdemeanor case is two years.
309303 (g) Notwithstanding Subsection (d)(2) or (f), a judge may
310304 extend the maximum period of community supervision in the manner
311305 provided by Article 42A.753 or 42A.757. (Code Crim. Proc., Art.
312306 42.12, Secs. 3(a), (b), (c), (d), (e), (f), (g).)
313307 Art. 42A.054. LIMITATION ON JUDGE-ORDERED COMMUNITY
314308 SUPERVISION. (a) Article 42A.053 does not apply to a defendant
315309 adjudged guilty of an offense under:
316310 (1) Section 15.03, Penal Code, if the offense is
317311 punishable as a felony of the first degree;
318312 (2) Section 19.02, Penal Code (Murder);
319313 (3) Section 19.03, Penal Code (Capital Murder);
320314 (4) Section 20.04, Penal Code (Aggravated
321315 Kidnapping);
322316 (5) Section 20A.02, Penal Code (Trafficking of
323317 Persons);
324318 (6) Section 21.11(a)(1), Penal Code (Indecency with a
325319 Child);
326320 (7) Section 22.011, Penal Code (Sexual Assault);
327321 (8) Section 22.021, Penal Code (Aggravated Sexual
328322 Assault);
329323 (9) Section 22.04(a)(1), Penal Code (Injury to a
330324 Child, Elderly Individual, or Disabled Individual), if:
331325 (A) the offense is punishable as a felony of the
332326 first degree; and
333327 (B) the victim of the offense is a child;
334328 (10) Section 29.03, Penal Code (Aggravated Robbery);
335329 (11) Section 30.02, Penal Code (Burglary), if:
336330 (A) the offense is punishable under Subsection
337331 (d) of that section; and
338332 (B) the actor committed the offense with the
339333 intent to commit a felony under Section 21.02, 21.11, 22.011,
340334 22.021, or 25.02, Penal Code;
341335 (12) Section 43.05, Penal Code (Compelling
342336 Prostitution);
343337 (13) Section 43.25, Penal Code (Sexual Performance by
344338 a Child); or
345339 (14) Chapter 481, Health and Safety Code, for which
346340 punishment is increased under:
347341 (A) Section 481.140 of that code (Use of Child in
348342 Commission of Offense); or
349343 (B) Section 481.134(c), (d), (e), or (f) of that
350344 code (Drug-free Zones) if it is shown that the defendant has been
351345 previously convicted of an offense for which punishment was
352346 increased under any of those subsections.
353347 (b) Article 42A.053 does not apply to a defendant when it is
354348 shown that:
355349 (1) a deadly weapon as defined by Section 1.07, Penal
356350 Code, was used or exhibited during the:
357351 (A) commission of a felony offense; or
358352 (B) immediate flight from the commission of a
359353 felony offense; and
360354 (2) the defendant:
361355 (A) used or exhibited the deadly weapon; or
362356 (B) was a party to the offense and knew that a
363357 deadly weapon would be used or exhibited.
364358 (c) On an affirmative finding regarding the use or
365359 exhibition of a deadly weapon as described by Subsection (b), the
366360 trial court shall enter the finding in the judgment of the court.
367361 (d) On an affirmative finding that the deadly weapon under
368362 Subsection (c) was a firearm, the court shall enter that finding in
369363 its judgment. (Code Crim. Proc., Art. 42.12, Sec. 3g(a).)
370364 Art. 42A.055. JURY-RECOMMENDED COMMUNITY SUPERVISION. (a)
371365 A jury that imposes confinement as punishment for an offense may
372366 recommend to the judge that the judge suspend the imposition of the
373367 sentence and place the defendant on community supervision. A judge
374368 shall suspend the imposition of the sentence and place the
375369 defendant on community supervision if the jury makes that
376370 recommendation in the verdict.
377371 (b) A defendant is eligible for community supervision under
378372 this article only if:
379373 (1) before the trial begins, the defendant files a
380374 written sworn motion with the judge that the defendant has not
381375 previously been convicted of a felony in this or any other state;
382376 and
383377 (2) the jury enters in the verdict a finding that the
384378 information contained in the defendant's motion is true.
385379 (c) If the jury recommends to the judge that the judge place
386380 the defendant on community supervision, the judge shall place the
387381 defendant on community supervision for any period permitted under
388382 Articles 42A.053(d) and (f), as appropriate.
389383 (d) A judge may extend the maximum period of community
390384 supervision in the manner provided by Article 42A.753 or 42A.757.
391385 (Code Crim. Proc., Art. 42.12, Secs. 4(a), (b), (c), (d) (part),
392386 (e).)
393387 Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
394388 SUPERVISION. A defendant is not eligible for community supervision
395389 under Article 42A.055 if the defendant:
396390 (1) is sentenced to a term of imprisonment that
397391 exceeds 10 years;
398392 (2) is convicted of a state jail felony for which
399393 suspension of the imposition of the sentence occurs automatically
400394 under Article 42A.551;
401395 (3) is adjudged guilty of an offense under Section
402396 19.02, Penal Code;
403397 (4) is convicted of an offense under Section
404398 21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
405399 offense was younger than 14 years of age at the time the offense was
406400 committed;
407401 (5) is convicted of an offense under Section 20.04,
408402 Penal Code, if:
409403 (A) the victim of the offense was younger than 14
410404 years of age at the time the offense was committed; and
411405 (B) the actor committed the offense with the
412406 intent to violate or abuse the victim sexually;
413407 (6) is convicted of an offense under Section 20A.02,
414408 43.05, or 43.25, Penal Code; or
415409 (7) is convicted of an offense for which punishment is
416410 increased under Section 481.134(c), (d), (e), or (f), Health and
417411 Safety Code, if it is shown that the defendant has been previously
418412 convicted of an offense for which punishment was increased under
419413 any of those subsections. (Code Crim. Proc., Art. 42.12, Sec. 4(d)
420414 (part).)
421415 Art. 42A.057. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
422416 CERTAIN BURGLARIES OF VEHICLES. The minimum period of community
423417 supervision for an offense under Section 30.04, Penal Code,
424418 punishable as a Class A misdemeanor with a minimum term of
425419 confinement of six months is one year. (Code Crim. Proc., Art.
426420 42.12, Secs. 3(h), 4(f).)
427421 SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
428422 Art. 42A.101. PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY
429423 SUPERVISION. (a) Except as provided by Article 42A.102(b), if in
430424 the judge's opinion the best interest of society and the defendant
431425 will be served, the judge may, after receiving a plea of guilty or
432426 nolo contendere, hearing the evidence, and finding that it
433427 substantiates the defendant's guilt, defer further proceedings
434428 without entering an adjudication of guilt and place the defendant
435429 on deferred adjudication community supervision.
436430 (b) After placing the defendant on deferred adjudication
437431 community supervision under Subsection (a), the judge shall inform
438432 the defendant orally or in writing of the possible consequences
439433 under Articles 42A.108 and 42A.110 of a violation of a condition of
440434 deferred adjudication community supervision. If the information is
441435 provided orally, the judge must record and maintain the judge's
442436 statement to the defendant. The failure of a judge to inform a
443437 defendant of possible consequences under Articles 42A.108 and
444438 42A.110 is not a ground for reversal unless the defendant shows that
445439 the defendant was harmed by the failure of the judge to provide the
446440 information. (Code Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
447441 Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
448442 COMMUNITY SUPERVISION. (a) A judge may place on deferred
449443 adjudication community supervision a defendant charged with an
450444 offense under Section 21.11, 22.011, or 22.021, Penal Code,
451445 regardless of the age of the victim, or a defendant charged with a
452446 felony described by Article 42A.453(b) only if the judge makes a
453447 finding in open court that placing the defendant on deferred
454448 adjudication community supervision is in the best interest of the
455449 victim. The failure of the judge to make a finding under this
456450 subsection is not grounds for the defendant to set aside the plea,
457451 deferred adjudication, or any subsequent conviction or sentence.
458452 (b) In all other cases, the judge may grant deferred
459453 adjudication community supervision unless:
460454 (1) the defendant is charged with an offense:
461455 (A) under Sections 49.04-49.08, Penal Code; or
462456 (B) for which punishment may be increased under
463457 Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
464458 is shown that the defendant has been previously convicted of an
465459 offense for which punishment was increased under any one of those
466460 subsections;
467461 (2) the defendant:
468462 (A) is charged with an offense under Section
469463 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
470464 victim, or a felony described by Article 42A.453(b); and
471465 (B) has previously been placed on community
472466 supervision for an offense under Paragraph (A);
473467 (3) the defendant is charged with an offense under:
474468 (A) Section 21.02, Penal Code; or
475469 (B) Section 22.021, Penal Code, that is
476470 punishable under Subsection (f) of that section or under Section
477471 12.42(c)(3) or (4), Penal Code; or
478472 (4) the defendant is charged with an offense under
479473 Section 19.02, Penal Code, except that the judge may grant deferred
480474 adjudication community supervision on determining that the
481475 defendant did not cause the death of the deceased, did not intend to
482476 kill the deceased or another, and did not anticipate that a human
483477 life would be taken. (Code Crim. Proc., Art. 42.12, Secs. 5(a)
484478 (part), (d).)
485479 Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION COMMUNITY
486480 SUPERVISION. (a) In a felony case, the period of deferred
487481 adjudication community supervision may not exceed 10 years. For a
488482 defendant charged with a felony under Section 21.11, 22.011, or
489483 22.021, Penal Code, regardless of the age of the victim, and for a
490484 defendant charged with a felony described by Article 42A.453(b),
491485 the period of deferred adjudication community supervision may not
492486 be less than five years.
493487 (b) In a misdemeanor case, the period of deferred
494488 adjudication community supervision may not exceed two years.
495489 (c) A judge may extend the maximum period of deferred
496490 adjudication community supervision in the manner provided by
497491 Article 42A.753 or 42A.757. (Code Crim. Proc., Art. 42.12, Sec.
498492 5(a) (part).)
499493 Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION
500494 COMMUNITY SUPERVISION; IMPOSITION OF FINE. (a) The judge may impose
501495 a fine applicable to the offense and require any reasonable
502496 condition of deferred adjudication community supervision that a
503497 judge could impose on a defendant placed on community supervision
504498 for a conviction that was probated and suspended, including:
505499 (1) confinement; and
506500 (2) mental health treatment under Article 42A.506.
507501 (b) The provisions of Subchapter L specifying whether a
508502 defendant convicted of a state jail felony is to be confined in a
509503 county jail or state jail felony facility and establishing the
510504 minimum and maximum terms of confinement as a condition of
511505 community supervision apply in the same manner to a defendant
512506 placed on deferred adjudication community supervision after
513507 pleading guilty or nolo contendere to a state jail felony. (Code
514508 Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
515509 Art. 42A.105. AFFIRMATIVE FINDINGS. (a) If a judge places
516510 on deferred adjudication community supervision a defendant charged
517511 with a sexually violent offense, as defined by Article 62.001, the
518512 judge shall make an affirmative finding of fact and file a statement
519513 of that affirmative finding with the papers in the case if the judge
520514 determines that the victim or intended victim was younger than 14
521515 years of age at the time of the offense.
522516 (b) If a judge places on deferred adjudication community
523517 supervision a defendant charged with an offense under Section
524518 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
525519 solicitation to commit one of those offenses, the judge shall make
526520 an affirmative finding of fact and file a statement of that
527521 affirmative finding with the papers in the case if the judge
528522 determines that the victim or intended victim was younger than 17
529523 years of age at the time of the offense.
530524 (c) If a judge places on deferred adjudication community
531525 supervision a defendant charged with an offense under Section 21.11
532526 or 22.011, Penal Code, the judge shall make an affirmative finding
533527 of fact and file a statement of that affirmative finding with the
534528 papers in the case if the judge determines that:
535529 (1) at the time of the offense, the defendant was not
536530 more than four years older than the victim or intended victim and
537531 the victim or intended victim was at least 15 years of age; and
538532 (2) the charge to which the plea is entered under this
539533 subchapter is based solely on the ages of the defendant and the
540534 victim or intended victim at the time of the offense.
541535 (d) If a judge places a defendant on deferred adjudication
542536 community supervision, on the motion of the attorney representing
543537 the state the judge shall make an affirmative finding of fact and
544538 file a statement of that affirmative finding with the papers in the
545539 case if the judge determines that, regardless of whether the
546540 conduct at issue is the subject of the prosecution or part of the
547541 same criminal episode as the conduct that is the subject of the
548542 prosecution, a victim in the trial:
549543 (1) is or has been a victim of a severe form of
550544 trafficking in persons, as defined by 22 U.S.C. Section 7102(9); or
551545 (2) has suffered substantial physical or mental abuse
552546 as a result of having been a victim of criminal activity described
553547 by 8 U.S.C. Section 1101(a)(15)(U)(iii).
554548 (e) The part of the papers in the case containing an
555549 affirmative finding under Subsection (d):
556550 (1) must include specific information identifying the
557551 victim, as available;
558552 (2) may not include information identifying the
559553 victim's location; and
560554 (3) is confidential, unless written consent for the
561555 release of the affirmative finding is obtained from the victim or,
562556 if the victim is younger than 18 years of age, the victim's parent
563557 or guardian. (Code Crim. Proc., Art. 42.12, Secs. 5(e), (g), (i),
564558 (j).)
565559 Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION
566560 FOR ORDER OF NONDISCLOSURE. (a) Except as provided by Section
567561 552.142, Government Code, a record in the custody of the court clerk
568562 regarding a case in which a defendant is granted deferred
569563 adjudication community supervision is not confidential.
570564 (b) Before placing a defendant on deferred adjudication
571565 community supervision, the court shall inform the defendant of the
572566 defendant's right to petition the court for an order of
573567 nondisclosure under Section 411.081, Government Code, unless the
574568 defendant is ineligible to pursue that right because of:
575569 (1) the nature of the offense for which the defendant
576570 is placed on deferred adjudication community supervision; or
577571 (2) the defendant's criminal history. (Code Crim.
578572 Proc., Art. 42.12, Secs. 5(a-1), (f).)
579573 Art. 42A.107. REQUEST FOR FINAL ADJUDICATION. On written
580574 motion of the defendant requesting final adjudication that is filed
581575 within 30 days after the entry of the defendant's plea and the
582576 deferment of adjudication, the judge shall proceed to final
583577 adjudication as in all other cases. (Code Crim. Proc., Art. 42.12,
584578 Sec. 5(a) (part).)
585579 Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
586580 ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of a
587581 condition of deferred adjudication community supervision imposed
588582 under Article 42A.104, the defendant may be arrested and detained
589583 as provided in Article 42A.751.
590584 (b) The defendant is entitled to a hearing limited to a
591585 determination by the court of whether the court will proceed with an
592586 adjudication of guilt on the original charge. The court may not
593587 proceed with an adjudication of guilt on the original charge if the
594588 court finds that the only evidence supporting the alleged violation
595589 of a condition of deferred adjudication community supervision is
596590 the uncorroborated results of a polygraph examination. The
597591 determination to proceed with an adjudication of guilt on the
598592 original charge is reviewable in the same manner as a revocation
599593 hearing conducted under Article 42A.751(d) in a case in which the
600594 adjudication of guilt was not deferred.
601595 (c) A court retains jurisdiction to hold a hearing under
602596 Subsection (b) and to proceed with an adjudication of guilt,
603597 regardless of whether the period of deferred adjudication community
604598 supervision imposed on the defendant has expired, if before the
605599 expiration of the supervision period:
606600 (1) the attorney representing the state files a motion
607601 to proceed with the adjudication; and
608602 (2) a capias is issued for the arrest of the defendant.
609603 (Code Crim. Proc., Art. 42.12, Secs. 5(b) (part), (h).)
610604 Art. 42A.109. DUE DILIGENCE DEFENSE. For the purposes of a
611605 hearing under Article 42A.108, it is an affirmative defense to
612606 revocation for an alleged violation based on a failure to report to
613607 a supervision officer as directed or to remain within a specified
614608 place that no supervision officer, peace officer, or other officer
615609 with the power of arrest under a warrant issued by a judge for that
616610 alleged violation contacted or attempted to contact the defendant
617611 in person at the defendant's last known residence address or last
618612 known employment address, as reflected in the files of the
619613 department serving the county in which the order of deferred
620614 adjudication community supervision was entered. (Code Crim. Proc.,
621615 Art. 42.12, Sec. 24 (part).)
622616 Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION. (a) After
623617 an adjudication of guilt, all proceedings, including assessment of
624618 punishment, pronouncement of sentence, granting of community
625619 supervision, and defendant's appeal, continue as if the
626620 adjudication of guilt had not been deferred.
627621 (b) A court assessing punishment after an adjudication of
628622 guilt of a defendant charged with a state jail felony may suspend
629623 the imposition of the sentence and place the defendant on community
630624 supervision or may order the sentence to be executed, regardless of
631625 whether the defendant has previously been convicted of a felony.
632626 (Code Crim. Proc., Art. 42.12, Sec. 5(b) (part).)
633627 Art. 42A.111. DISMISSAL AND DISCHARGE. (a) On expiration of
634628 a period of deferred adjudication community supervision imposed
635629 under this subchapter, if the judge has not proceeded to an
636630 adjudication of guilt, the judge shall dismiss the proceedings
637631 against the defendant and discharge the defendant.
638632 (b) The judge may dismiss the proceedings and discharge a
639633 defendant before the expiration of the period of deferred
640634 adjudication community supervision if, in the judge's opinion, the
641635 best interest of society and the defendant will be served, except
642636 that the judge may not dismiss the proceedings and discharge a
643637 defendant charged with an offense requiring the defendant to
644638 register as a sex offender under Chapter 62.
645639 (c) Except as provided by Section 12.42(g), Penal Code, a
646640 dismissal and discharge under this article may not be considered a
647641 conviction for the purposes of disqualifications or disabilities
648642 imposed by law for conviction of an offense.
649643 (d) For any defendant who receives a dismissal and discharge
650644 under this article:
651645 (1) on conviction of a subsequent offense, the fact
652646 that the defendant previously has received deferred adjudication
653647 community supervision is admissible before the court or jury for
654648 consideration on the issue of penalty;
655649 (2) if the defendant is an applicant for or the holder
656650 of a license under Chapter 42, Human Resources Code, the Department
657651 of Family and Protective Services may consider the fact that the
658652 defendant previously has received deferred adjudication community
659653 supervision in issuing, renewing, denying, or revoking a license
660654 under that chapter; and
661655 (3) if the defendant is an applicant for or the holder
662656 of a license to provide mental health or medical services for the
663657 rehabilitation of sex offenders, the Council on Sex Offender
664658 Treatment may consider the fact that the defendant previously has
665659 received deferred adjudication community supervision in issuing,
666660 renewing, denying, or revoking a license issued by that council.
667661 (e) A judge who dismisses the proceedings against a
668662 defendant and discharges the defendant under this article shall:
669663 (1) provide the defendant with a copy of the order of
670664 dismissal and discharge; and
671665 (2) if applicable, inform the defendant of the
672666 defendant's eligibility to petition the court for an order of
673667 nondisclosure under Section 411.081, Government Code, and the
674668 earliest date the defendant is eligible to file the petition for the
675669 order of nondisclosure. (Code Crim. Proc., Art. 42.12, Secs. 5(c),
676670 (c-1).)
677671 SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
678672 Art. 42A.151. TRANSFER OF JURISDICTION. (a) After a
679673 defendant has been placed on community supervision, jurisdiction of
680674 the case may be transferred to a court of the same rank in this state
681675 that:
682676 (1) has geographical jurisdiction where the
683677 defendant:
684678 (A) resides; or
685679 (B) violates a condition of community
686680 supervision; and
687681 (2) consents to the transfer.
688682 (b) On transfer, the clerk of the court of original
689683 jurisdiction shall forward to the court accepting jurisdiction a
690684 transcript of any portion of the record as the transferring judge
691685 shall direct. The court accepting jurisdiction subsequently shall
692686 proceed as if the defendant's trial and conviction had occurred in
693687 that court. (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part),
694688 (b).)
695689 Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING
696690 GEOGRAPHICAL JURISDICTION. (a) A judge of a court having
697691 geographical jurisdiction where a defendant resides or where the
698692 defendant violates a condition of community supervision may issue a
699693 warrant for the defendant's arrest.
700694 (b) Notwithstanding Subsection (a), the determination of
701695 the action to be taken after the defendant's arrest may be made only
702696 by the judge of the court having jurisdiction of the case at the
703697 time the action is taken. (Code Crim. Proc., Art. 42.12, Sec.
704698 10(c).)
705699 Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE. (a)
706700 If, for good and sufficient reasons, a defendant desires to change
707701 the defendant's residence within the state, the change may be
708702 effected by application to the supervising supervision officer.
709703 (b) The change of residence is subject to:
710704 (1) the judge's consent; and
711705 (2) any regulations the judge may require in the
712706 absence of a supervision officer in the locality to which the
713707 defendant is transferred. (Code Crim. Proc., Art. 42.12, Sec.
714708 17(a).)
715709 Art. 42A.154. LEAVING THE STATE. A defendant who leaves the
716710 state without permission of the judge having jurisdiction of the
717711 case is:
718712 (1) considered a fugitive from justice; and
719713 (2) subject to extradition as provided by law. (Code
720714 Crim. Proc., Art. 42.12, Sec. 17(b).)
721715 SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
722716 JURISDICTION
723717 Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR
724718 CASES. (a) For the purposes of this article, the jurisdiction of
725719 the courts in this state in which a sentence requiring confinement
726720 in a jail is imposed for conviction of a misdemeanor continues for
727721 180 days from the date the execution of the sentence actually
728722 begins.
729723 (b) The judge of a court that imposed a sentence requiring
730724 confinement in a jail for conviction of a misdemeanor may, on the
731725 judge's own motion, on the motion of the attorney representing the
732726 state, or on the written motion of the defendant, suspend further
733727 execution of the sentence and place the defendant on community
734728 supervision under the terms and conditions of this chapter if, in
735729 the opinion of the judge, the defendant would not benefit from
736730 further confinement.
737731 (c) When the defendant files a written motion with the court
738732 requesting suspension of further execution of the sentence and
739733 placement on community supervision or when requested to do so by the
740734 judge, the clerk of the court shall request a copy of the
741735 defendant's record while confined from the agency operating the
742736 jail in which the defendant is confined. On receipt of the request,
743737 the agency shall forward a copy of the record to the court as soon as
744738 possible.
745739 (d) The judge may deny the motion without holding a hearing
746740 but may not grant a motion without holding a hearing and allowing
747741 the attorney representing the state and the defendant to present
748742 evidence in the case. (Code Crim. Proc., Art. 42.12, Sec. 7.)
749743 Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES. (a)
750744 For the purposes of this article, the jurisdiction of a court
751745 imposing a sentence requiring imprisonment in the Texas Department
752746 of Criminal Justice for an offense other than a state jail felony
753747 continues for 180 days from the date the execution of the sentence
754748 actually begins.
755749 (b) Before the expiration of the 180-day period described by
756750 Subsection (a), the judge of the court that imposed the sentence
757751 described by that subsection may, on the judge's own motion, on the
758752 motion of the attorney representing the state, or on the written
759753 motion of the defendant, suspend further execution of the sentence
760754 and place the defendant on community supervision under the terms
761755 and conditions of this chapter if:
762756 (1) in the opinion of the judge, the defendant would
763757 not benefit from further imprisonment;
764758 (2) the defendant is otherwise eligible for community
765759 supervision under this chapter; and
766760 (3) the defendant had never before been incarcerated
767761 in a penitentiary serving a sentence for a felony.
768762 (c) When the defendant files a written motion requesting the
769763 judge to suspend further execution of the sentence and place the
770764 defendant on community supervision, the defendant shall
771765 immediately deliver or cause to be delivered a copy of the motion to
772766 the office of the attorney representing the state.
773767 (d) When the defendant or the attorney representing the
774768 state files a written motion requesting the judge to suspend
775769 further execution of the sentence and place the defendant on
776770 community supervision, and when requested to do so by the judge, the
777771 clerk of the court shall request a copy of the defendant's record
778772 while imprisoned from the Texas Department of Criminal Justice or,
779773 if the defendant is confined in county jail, from the sheriff. On
780774 receipt of the request, the Texas Department of Criminal Justice or
781775 the sheriff shall forward a copy of the record to the judge as soon
782776 as possible.
783777 (e) The judge may deny the motion without holding a hearing
784778 but may not grant the motion without holding a hearing and providing
785779 the attorney representing the state and the defendant the
786780 opportunity to present evidence on the motion. (Code Crim. Proc.,
787781 Art. 42.12, Sec. 6.)
788782 Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN
789783 FELONY CASES. (a) Except as otherwise provided by Subsection (b),
790784 only the judge who originally sentenced the defendant may suspend
791785 execution of the sentence and place the defendant on community
792786 supervision under Article 42A.202.
793787 (b) If the judge who originally sentenced the defendant is
794788 deceased or disabled or the office is vacant, and if a motion is
795789 filed in accordance with Article 42A.202, the clerk of the court
796790 shall promptly forward a copy of the motion to the presiding judge
797791 of the administrative judicial district for that court. The
798792 presiding judge may deny the motion without holding a hearing or may
799793 appoint a judge to hold a hearing on the motion. (Code Crim. Proc.,
800794 Art. 42.12, Sec. 10(a) (part).)
801795 Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM USED
802796 OR EXHIBITED. (a) If in the trial of a felony of the second degree
803797 or higher there is an affirmative finding described by Article
804798 42A.054(d) and the jury recommends that the court place the
805799 defendant on community supervision, the court may order the
806800 defendant imprisoned in the Texas Department of Criminal Justice
807801 for not less than 60 and not more than 120 days.
808802 (b) At any time after the defendant has served 60 days in the
809803 custody of the Texas Department of Criminal Justice, the sentencing
810804 judge, on the judge's own motion or on motion of the defendant, may
811805 order the defendant released to community supervision.
812806 (c) The department shall release the defendant to community
813807 supervision after the defendant has served 120 days. (Code Crim.
814808 Proc., Art. 42.12, Secs. 3g(b), 4(b) (part).)
815809 SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
816810 Art. 42A.251. DEFINITIONS. In this subchapter:
817811 (1) "Council" means the Council on Sex Offender
818812 Treatment.
819813 (2) "Sex offender" means a person who has been
820814 convicted of, or has entered a plea of guilty or nolo contendere
821815 for, an offense under any one of the following provisions of the
822816 Penal Code:
823817 (A) Section 20.04(a)(4) (Aggravated Kidnapping),
824818 if the person committed the offense with the intent to violate or
825819 abuse the victim sexually;
826820 (B) Section 21.08 (Indecent Exposure);
827821 (C) Section 21.11 (Indecency with a Child);
828822 (D) Section 22.011 (Sexual Assault);
829823 (E) Section 22.021 (Aggravated Sexual Assault);
830824 (F) Section 25.02 (Prohibited Sexual Conduct);
831825 (G) Section 30.02 (Burglary), if:
832826 (i) the offense is punishable under
833827 Subsection (d) of that section; and
834828 (ii) the person committed the offense with
835829 the intent to commit a felony listed in this subdivision;
836830 (H) Section 43.25 (Sexual Performance by a
837831 Child); or
838832 (I) Section 43.26 (Possession or Promotion of
839833 Child Pornography). (Code Crim. Proc., Art. 42.12, Sec. 9A(a).)
840834 Art. 42A.252. PRESENTENCE REPORT REQUIRED. (a) Except as
841835 provided by Subsections (b) and (c), before the imposition of the
842836 sentence by a judge, the judge shall direct a supervision officer to
843837 prepare a presentence report for the judge.
844838 (b) The judge is not required to direct a supervision
845839 officer to prepare a presentence report in a misdemeanor case if:
846840 (1) the defendant requests that a report not be made
847841 and the judge agrees to the request; or
848842 (2) the judge:
849843 (A) finds that there is sufficient information in
850844 the record to permit the meaningful exercise of sentencing
851845 discretion; and
852846 (B) explains that finding on the record.
853847 (c) The judge is not required to direct a supervision
854848 officer to prepare a presentence report in a felony case if:
855849 (1) punishment is to be assessed by a jury;
856850 (2) the defendant is convicted of or enters a plea of
857851 guilty or nolo contendere to capital murder;
858852 (3) the only available punishment is imprisonment; or
859853 (4) the judge is informed that a plea bargain
860854 agreement exists, under which the defendant agrees to a punishment
861855 of imprisonment, and the judge intends to follow that agreement.
862856 (Code Crim. Proc., Art. 42.12, Secs. 9(a) (part), (b), (g).)
863857 Art. 42A.253. CONTENTS OF PRESENTENCE REPORT. (a) A
864858 presentence report must be in writing and include:
865859 (1) the circumstances of the offense with which the
866860 defendant is charged;
867861 (2) the amount of restitution necessary to adequately
868862 compensate a victim of the offense;
869863 (3) the criminal and social history of the defendant;
870864 (4) a proposed supervision plan describing programs
871865 and sanctions that the community supervision and corrections
872866 department will provide the defendant if the judge suspends the
873867 imposition of the sentence or grants deferred adjudication
874868 community supervision;
875869 (5) if the defendant is charged with a state jail
876870 felony, recommendations for conditions of community supervision
877871 that the community supervision and corrections department
878872 considers advisable or appropriate based on the circumstances of
879873 the offense and other factors addressed in the report;
880874 (6) the results of a psychological evaluation of the
881875 defendant that determines, at a minimum, the defendant's IQ and
882876 adaptive behavior score if the defendant:
883877 (A) is convicted of a felony offense; and
884878 (B) appears to the judge, through the judge's own
885879 observation or on the suggestion of a party, to have a mental
886880 impairment;
887881 (7) information regarding whether the defendant is a
888882 current or former member of the state military forces or whether the
889883 defendant currently serves or has previously served in the armed
890884 forces of the United States in an active-duty status and, if
891885 available, a copy of the defendant's military discharge papers and
892886 military records;
893887 (8) if the defendant has served in the armed forces of
894888 the United States in an active-duty status, a determination as to
895889 whether the defendant was deployed to a combat zone and whether the
896890 defendant may suffer from post-traumatic stress disorder or a
897891 traumatic brain injury; and
898892 (9) any other information relating to the defendant or
899893 the offense as requested by the judge.
900894 (b) A presentence report is not required to contain a
901895 sentencing recommendation. (Code Crim. Proc., Art. 42.12, Secs.
902896 9(a) (part), (i), (l).)
903897 Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF CONTENTS.
904898 The judge may not inspect a presentence report and the contents of
905899 the report may not be disclosed to any person unless:
906900 (1) the defendant pleads guilty or nolo contendere or
907901 is convicted of the offense; or
908902 (2) the defendant, in writing, authorizes the judge to
909903 inspect the report. (Code Crim. Proc., Art. 42.12, Sec. 9(c).)
910904 Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT; ACCESS
911905 TO INFORMATION BY STATE. (a) Unless waived by the defendant, at
912906 least 48 hours before sentencing a defendant, the judge shall
913907 permit the defendant or the defendant's attorney to read the
914908 presentence report.
915909 (b) The judge shall allow the defendant or the defendant's
916910 attorney to comment on a presentence investigation or a
917911 postsentence report and, with the approval of the judge, introduce
918912 testimony or other information alleging a factual inaccuracy in the
919913 investigation or report.
920914 (c) The judge shall allow the attorney representing the
921915 state access to any information made available to the defendant
922916 under this article. (Code Crim. Proc., Art. 42.12, Secs. 9(d), (e),
923917 (f).)
924918 Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION
925919 OFFICER; CONFIDENTIALITY OF REPORT. (a) The judge by order may
926920 direct that any information and records that are not privileged and
927921 that are relevant to a presentence or postsentence report be
928922 released to a supervision officer conducting a presentence
929923 investigation under this subchapter or preparing a postsentence
930924 report under Article 42A.259. The judge may also issue a subpoena
931925 to obtain that information.
932926 (b) A presentence or postsentence report and all
933927 information obtained in connection with a presentence
934928 investigation or postsentence report are confidential and may be
935929 released only as:
936930 (1) provided by:
937931 (A) Subsection (c);
938932 (B) Article 42A.255;
939933 (C) Article 42A.257;
940934 (D) Article 42A.259; or
941935 (E) Section 614.017, Health and Safety Code; or
942936 (2) directed by the judge for the effective
943937 supervision of the defendant.
944938 (c) If the defendant is a sex offender, a supervision
945939 officer may release information in a presentence or postsentence
946940 report concerning the social and criminal history of the defendant
947941 to a person who:
948942 (1) is licensed or certified in this state to provide
949943 mental health or medical services, including a:
950944 (A) physician;
951945 (B) psychiatrist;
952946 (C) psychologist;
953947 (D) licensed professional counselor;
954948 (E) licensed marriage and family therapist; or
955949 (F) certified social worker; and
956950 (2) provides mental health or medical services for the
957951 rehabilitation of the defendant. (Code Crim. Proc., Art. 42.12,
958952 Secs. 9(j), 9A(b).)
959953 Art. 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG
960954 REHABILITATION. (a) The judge shall direct a supervision officer
961955 approved by the community supervision and corrections department or
962956 the judge, or a person, program, or other agency approved by the
963957 Department of State Health Services, to conduct an evaluation to
964958 determine the appropriateness of, and a course of conduct necessary
965959 for, alcohol or drug rehabilitation for a defendant and to report
966960 the results of that evaluation to the judge, if:
967961 (1) the judge determines that alcohol or drug abuse
968962 may have contributed to the commission of the offense; or
969963 (2) the case involves a second or subsequent offense
970964 under:
971965 (A) Section 49.04, Penal Code, if the offense was
972966 committed within five years of the date on which the most recent
973967 preceding offense was committed; or
974968 (B) Section 49.07 or 49.08, Penal Code, if the
975969 offense involved the operation of a motor vehicle and was committed
976970 within five years of the date on which the most recent preceding
977971 offense was committed.
978972 (b) The evaluation must be made:
979973 (1) after arrest and before conviction, if requested
980974 by the defendant;
981975 (2) after conviction and before sentencing, if the
982976 judge assesses punishment in the case;
983977 (3) after sentencing and before the entry of a final
984978 judgment, if the jury assesses punishment in the case; or
985979 (4) after community supervision is granted, if the
986980 evaluation is required as a condition of community supervision
987981 under Article 42A.402. (Code Crim. Proc., Art. 42.12, Sec. 9(h).)
988982 Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER
989983 TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. (a) If the
990984 defendant is a sex offender, the judge shall direct a supervision
991985 officer approved by the community supervision and corrections
992986 department or the judge, or a person, program, or other agency
993987 approved by the council, to:
994988 (1) evaluate the appropriateness of, and a course of
995989 conduct necessary for, treatment, specialized supervision, or
996990 rehabilitation of the defendant; and
997991 (2) report the results of the evaluation to the judge.
998992 (b) The judge may require the evaluation to use
999993 offense-specific standards of practice adopted by the council and
1000994 may require the report to reflect those standards.
1001995 (c) The evaluation must be made:
1002996 (1) after arrest and before conviction, if requested
1003997 by the defendant; or
1004998 (2) after conviction and before the entry of a final
1005999 judgment. (Code Crim. Proc., Art. 42.12, Sec. 9A(c).)
10061000 Art. 42A.259. POSTSENTENCE REPORT. (a) If a presentence
10071001 report in a felony case is not required under Article 42A.252(c),
10081002 the judge may direct a supervision officer to prepare a
10091003 postsentence report containing the same information that would have
10101004 been required for the presentence report, other than a proposed
10111005 supervision plan and any information that is reflected in the
10121006 judgment.
10131007 (b) If a postsentence report is ordered, the supervision
10141008 officer shall send the report to the clerk of the court not later
10151009 than the 30th day after the date on which sentence is pronounced or
10161010 deferred adjudication community supervision is granted. The clerk
10171011 shall deliver the postsentence report with the papers in the case to
10181012 a designated officer of the Texas Department of Criminal Justice,
10191013 to the extent required by Section 8(a), Article 42.09. (Code Crim.
10201014 Proc., Art. 42.12, Sec. 9(k).)
10211015 SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
10221016 Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. The judge of
10231017 the court having jurisdiction of the case shall determine the
10241018 conditions of community supervision. The judge may impose any
10251019 reasonable condition that is designed to protect or restore the
10261020 community, protect or restore the victim, or punish, rehabilitate,
10271021 or reform the defendant. Conditions of community supervision may
10281022 include conditions requiring the defendant to:
10291023 (1) commit no offense against the laws of this state or
10301024 of any other state or of the United States;
10311025 (2) avoid injurious or vicious habits;
10321026 (3) avoid persons or places of disreputable or harmful
10331027 character, including any person, other than a family member of the
10341028 defendant, who is an active member of a criminal street gang;
10351029 (4) report to the supervision officer as directed by
10361030 the judge or supervision officer and obey all rules and regulations
10371031 of the community supervision and corrections department;
10381032 (5) permit the supervision officer to visit the
10391033 defendant at the defendant's home or elsewhere;
10401034 (6) work faithfully at suitable employment to the
10411035 extent possible;
10421036 (7) remain within a specified place;
10431037 (8) pay in one or more amounts:
10441038 (A) the defendant's fine, if one is assessed; and
10451039 (B) all court costs, regardless of whether a fine
10461040 is assessed;
10471041 (9) support the defendant's dependents;
10481042 (10) participate, for a period specified by the judge,
10491043 in any community-based program, including a community service
10501044 project under Article 42A.304;
10511045 (11) reimburse the county in which the prosecution was
10521046 instituted as follows:
10531047 (A) if counsel was appointed, an amount for
10541048 compensation paid to appointed counsel for defending the defendant
10551049 in the case; or
10561050 (B) if the defendant was represented by a public
10571051 defender's office, an amount that would have been paid to an
10581052 appointed attorney had the county not had a public defender's
10591053 office;
10601054 (12) if under custodial supervision in a community
10611055 corrections facility:
10621056 (A) remain under that supervision;
10631057 (B) obey all rules and regulations of the
10641058 facility; and
10651059 (C) pay a percentage of the defendant's income
10661060 to:
10671061 (i) the facility for room and board; and
10681062 (ii) the defendant's dependents for their
10691063 support during the period of custodial supervision;
10701064 (13) submit to testing for alcohol or controlled
10711065 substances;
10721066 (14) attend counseling sessions for substance abusers
10731067 or participate in substance abuse treatment services in a program
10741068 or facility approved or licensed by the Department of State Health
10751069 Services;
10761070 (15) with the consent of the victim of a misdemeanor
10771071 offense or of any offense under Title 7, Penal Code, participate in
10781072 victim-defendant mediation;
10791073 (16) submit to electronic monitoring;
10801074 (17) reimburse the compensation to victims of crime
10811075 fund for any amounts paid from that fund to or on behalf of a victim,
10821076 as defined by Article 56.32, of the offense or if no reimbursement
10831077 is required, make one payment to the compensation to victims of
10841078 crime fund in an amount not to exceed $50 if the offense is a
10851079 misdemeanor or not to exceed $100 if the offense is a felony;
10861080 (18) reimburse a law enforcement agency for the
10871081 analysis, storage, or disposal of raw materials, controlled
10881082 substances, chemical precursors, drug paraphernalia, or other
10891083 materials seized in connection with the offense;
10901084 (19) pay all or part of the reasonable and necessary
10911085 costs incurred by the victim for psychological counseling made
10921086 necessary by the offense or for counseling and education relating
10931087 to acquired immune deficiency syndrome or human immunodeficiency
10941088 virus made necessary by the offense;
10951089 (20) make one payment in an amount not to exceed $50 to
10961090 a crime stoppers organization, as defined by Section 414.001,
10971091 Government Code, and as certified by the Texas Crime Stoppers
10981092 Council;
10991093 (21) submit a DNA sample to the Department of Public
11001094 Safety under Subchapter G, Chapter 411, Government Code, for the
11011095 purpose of creating a DNA record of the defendant;
11021096 (22) in any manner required by the judge, provide in
11031097 the county in which the offense was committed public notice of the
11041098 offense for which the defendant was placed on community
11051099 supervision; and
11061100 (23) reimburse the county in which the prosecution was
11071101 instituted for compensation paid to any interpreter in the case.
11081102 (Code Crim. Proc., Art. 42.12, Sec. 11(a) (part).)
11091103 Art. 42A.302. CONFINEMENT. (a) If a judge having
11101104 jurisdiction of a case requires as a condition of community
11111105 supervision that the defendant submit to a term of confinement in a
11121106 county jail, the term of confinement may not exceed:
11131107 (1) 30 days, in a misdemeanor case; or
11141108 (2) 180 days, in a felony case.
11151109 (b) A judge who requires as a condition of community
11161110 supervision that the defendant serve a term of confinement in a
11171111 community corrections facility under Subchapter M may not impose a
11181112 term of confinement under this article that, if added to the term
11191113 imposed under Subchapter M, exceeds 24 months.
11201114 (c) A judge may impose a term of confinement as a condition
11211115 of community supervision under this article on placing the
11221116 defendant on supervision or at any time during the supervision
11231117 period. The judge may impose terms of confinement as a condition of
11241118 community supervision in increments smaller than the maximum terms
11251119 provided by Subsection (a), except that the judge may not impose
11261120 terms of confinement that, if added together, exceed the maximum
11271121 terms provided by Subsection (a). (Code Crim. Proc., Art. 42.12,
11281122 Sec. 12.)
11291123 Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a
11301124 court places a defendant on community supervision under any
11311125 provision of this chapter as an alternative to imprisonment, the
11321126 judge may require as a condition of community supervision that the
11331127 defendant serve a term of confinement and treatment in a substance
11341128 abuse felony punishment facility operated by the Texas Department
11351129 of Criminal Justice under Section 493.009, Government Code.
11361130 (b) A term of confinement and treatment imposed under this
11371131 article must be an indeterminate term of not more than one year or
11381132 less than 90 days.
11391133 (c) The judge may impose the condition of community
11401134 supervision described by this article if:
11411135 (1) the defendant is charged with or convicted of a
11421136 felony other than:
11431137 (A) a felony under Section 21.11, 22.011, or
11441138 22.021, Penal Code; or
11451139 (B) criminal attempt of a felony under Section
11461140 21.11, 22.011, or 22.021, Penal Code; and
11471141 (2) the judge makes an affirmative finding that:
11481142 (A) drug or alcohol abuse significantly
11491143 contributed to the commission of the offense or violation of a
11501144 condition of community supervision, as applicable; and
11511145 (B) the defendant is a suitable candidate for
11521146 treatment, as determined by the suitability criteria established by
11531147 the Texas Board of Criminal Justice under Section 493.009(b),
11541148 Government Code.
11551149 (d) If a judge requires as a condition of community
11561150 supervision that the defendant serve a term of confinement and
11571151 treatment in a substance abuse felony punishment facility under
11581152 this article, the judge shall also require as a condition of
11591153 community supervision that on release from the facility the
11601154 defendant:
11611155 (1) participate in a drug or alcohol abuse continuum
11621156 of care treatment plan; and
11631157 (2) pay a fee in an amount established by the judge for
11641158 residential aftercare required as part of the treatment plan.
11651159 (e) The Department of State Health Services shall develop
11661160 the continuum of care treatment plan described by Subsection
11671161 (d)(1).
11681162 (f) The clerk of a court that collects a fee imposed under
11691163 Subsection (d)(2) shall deposit the fee to be sent to the
11701164 comptroller as provided by Subchapter B, Chapter 133, Local
11711165 Government Code, and the comptroller shall deposit the fee into the
11721166 general revenue fund. If the clerk does not collect a fee imposed
11731167 under Subsection (d)(2), the clerk is not required to file any
11741168 report required by the comptroller that relates to the collection
11751169 of the fee. In establishing the amount of a fee under Subsection
11761170 (d)(2), the judge shall consider fines, fees, and other necessary
11771171 expenses for which the defendant is obligated. The judge may not:
11781172 (1) establish the fee in an amount that is greater than
11791173 25 percent of the defendant's gross income while the defendant is a
11801174 participant in residential aftercare; or
11811175 (2) require the defendant to pay the fee at any time
11821176 other than a time at which the defendant is both employed and a
11831177 participant in residential aftercare. (Code Crim. Proc., Art.
11841178 42.12, Sec. 14, as amended Acts 73rd Leg., R.S., Ch. 900; Acts 74th
11851179 Leg., R.S., Chs. 76, 321; Acts 76th Leg., R.S., Ch. 1188; Acts 78th
11861180 Leg., R.S., Chs. 209, 1310.)
11871181 Art. 42A.304. COMMUNITY SERVICE. (a) A judge may require
11881182 as a condition of community supervision that the defendant work a
11891183 specified number of hours at one or more community service projects
11901184 for one or more organizations approved by the judge and designated
11911185 by the department. The judge may not require the defendant to work
11921186 at a community service project if, as determined and noted on the
11931187 community supervision order by the judge:
11941188 (1) the defendant is physically or mentally incapable
11951189 of participating in the project;
11961190 (2) participating in the project will cause a hardship
11971191 to the defendant or to the defendant's dependents;
11981192 (3) the defendant is to be confined in a substance
11991193 abuse felony punishment facility as a condition of community
12001194 supervision; or
12011195 (4) there is other good cause shown.
12021196 (b) The amount of community service work ordered by the
12031197 judge may not exceed:
12041198 (1) 1,000 hours for an offense classified as a first
12051199 degree felony;
12061200 (2) 800 hours for an offense classified as a second
12071201 degree felony;
12081202 (3) 600 hours for:
12091203 (A) an offense classified as a third degree
12101204 felony; or
12111205 (B) an offense under Section 30.04, Penal Code,
12121206 classified as a Class A misdemeanor;
12131207 (4) 400 hours for an offense classified as a state jail
12141208 felony;
12151209 (5) 200 hours for:
12161210 (A) an offense classified as a Class A
12171211 misdemeanor, other than an offense described by Subdivision (3)(B);
12181212 or
12191213 (B) a misdemeanor for which the maximum
12201214 permissible confinement, if any, exceeds six months or the maximum
12211215 permissible fine, if any, exceeds $4,000; and
12221216 (6) 100 hours for:
12231217 (A) an offense classified as a Class B
12241218 misdemeanor; or
12251219 (B) a misdemeanor for which the maximum
12261220 permissible confinement, if any, does not exceed six months and the
12271221 maximum permissible fine, if any, does not exceed $4,000.
12281222 (c) A defendant required to perform community service under
12291223 this article is not a state employee for the purposes of Chapter 501
12301224 or 504, Labor Code.
12311225 (d) If the court makes an affirmative finding under Article
12321226 42.014, the judge may order the defendant to perform community
12331227 service under this article at a project designated by the judge that
12341228 primarily serves the person or group who was the target of the
12351229 defendant. If the judge orders community service under this
12361230 subsection, the judge shall order the defendant to perform not less
12371231 than:
12381232 (1) 300 hours of service if the offense is classified
12391233 as a felony; or
12401234 (2) 100 hours of service if the offense is classified
12411235 as a misdemeanor.
12421236 (e) A defendant required to perform community service under
12431237 this article after conviction of an offense under Section 352.082,
12441238 Local Government Code, shall perform 60 hours of service. The
12451239 community service must consist of picking up litter in the county in
12461240 which the defendant resides or working at a recycling facility if a
12471241 program for performing that type of service is available in the
12481242 community in which the court is located.
12491243 (f) The judge may order a defendant to make a specified
12501244 donation to a nonprofit food bank or food pantry in the community in
12511245 which the defendant resides instead of requiring the defendant to
12521246 work a specified number of hours at one or more community service
12531247 projects under Subsection (a). (Code Crim. Proc., Art. 42.12,
12541248 Secs. 16(a), (b), (c), (d), (e), (f).)
12551249 Art. 42A.305. COMMUNITY OUTREACH. (a) This article
12561250 applies only to a defendant placed on community supervision for an
12571251 offense involving the possession, manufacture, or delivery of a
12581252 controlled substance under Chapter 481, Health and Safety Code.
12591253 (b) If a judge orders a defendant to whom this article
12601254 applies to perform community service, the judge may authorize the
12611255 defendant to perform not more than 30 hours of community outreach
12621256 under this article instead of performing hours of community
12631257 service.
12641258 (c) Community outreach under this article must consist of
12651259 working with a secondary school at the direction of the judge to
12661260 educate students on the dangers and legal consequences of
12671261 possessing, manufacturing, or delivering a controlled substance.
12681262 (d) A secondary school is not required to allow a defendant
12691263 to perform community outreach at that school.
12701264 (e) The judge may not authorize the defendant to perform
12711265 hours of community outreach under this article instead of
12721266 performing hours of community service if:
12731267 (1) the defendant is physically or mentally incapable
12741268 of participating in community outreach; or
12751269 (2) the defendant is subject to registration as a sex
12761270 offender under Chapter 62. (Code Crim. Proc., Art. 42.12, Sec.
12771271 16(g).)
12781272 Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF STATE. A
12791273 judge who receives a defendant for supervision as authorized by
12801274 Section 510.017, Government Code, may impose on the defendant any
12811275 term of community supervision authorized by this chapter. (Code
12821276 Crim. Proc., Art. 42.12, Sec. 19(c) (part).)
12831277 Art. 42A.307. ORCHIECTOMY PROHIBITED. A judge may not
12841278 require a defendant to undergo an orchiectomy as a condition of
12851279 community supervision. (Code Crim. Proc., Art. 42.12, Sec. 11(f).)
12861280 SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY
12871281 Art. 42A.351. EDUCATIONAL SKILL LEVEL. (a) If the judge or
12881282 jury places a defendant on community supervision, the judge shall
12891283 require the defendant to demonstrate to the court whether the
12901284 defendant has an educational skill level that is equal to or greater
12911285 than the average educational skill level of students who have
12921286 completed the sixth grade in public schools in this state.
12931287 (b) If the judge determines that the defendant has not
12941288 attained the educational skill level described by Subsection (a),
12951289 the judge shall require as a condition of community supervision
12961290 that the defendant attain that level of educational skill, unless
12971291 the judge also determines that the defendant lacks the intellectual
12981292 capacity or the learning ability to ever achieve that level of
12991293 educational skill. (Code Crim. Proc., Art. 42.12, Sec. 11(c).)
13001294 Art. 42A.352. DNA SAMPLE. A judge granting community
13011295 supervision to a defendant convicted of a felony shall require as a
13021296 condition of community supervision that the defendant provide a DNA
13031297 sample under Subchapter G, Chapter 411, Government Code, for the
13041298 purpose of creating a DNA record of the defendant, unless the
13051299 defendant has already submitted the required sample under other
13061300 state law. (Code Crim. Proc., Art. 42.12, Sec. 11(j).)
13071301 SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
13081302 OFFENSES
13091303 Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY
13101304 SUPERVISION FOR CERTAIN INTOXICATION OFFENSES. (a) A judge
13111305 granting community supervision to a defendant convicted of an
13121306 offense under Chapter 49, Penal Code, shall require as a condition
13131307 of community supervision that the defendant submit to:
13141308 (1) not less than 72 hours of continuous confinement
13151309 in county jail if the defendant was punished under Section
13161310 49.09(a), Penal Code;
13171311 (2) not less than five days of confinement in county
13181312 jail if the defendant was punished under Section 49.09(a), Penal
13191313 Code, and was subject to Section 49.09(h), Penal Code;
13201314 (3) not less than 10 days of confinement in county jail
13211315 if the defendant was punished under Section 49.09(b), Penal Code;
13221316 (4) not less than 30 days of confinement in county jail
13231317 if the defendant was convicted of an offense under Section 49.07,
13241318 Penal Code; or
13251319 (5) a term of confinement of not less than 120 days if
13261320 the defendant was convicted of an offense under Section 49.08,
13271321 Penal Code.
13281322 (b) If a sentence of confinement is imposed on the
13291323 revocation of community supervision, the term of confinement served
13301324 under Subsection (a) may not be credited toward completion of the
13311325 sentence imposed. (Code Crim. Proc., Art. 42.12, Secs. 13(a)
13321326 (part), (b), (e).)
13331327 Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION AND
13341328 REHABILITATION. (a) A judge granting community supervision to a
13351329 defendant convicted of an offense under Chapter 49, Penal Code,
13361330 shall require as a condition of community supervision that the
13371331 defendant submit to an evaluation by a supervision officer or by a
13381332 person, program, or facility approved by the Department of State
13391333 Health Services for the purpose of having the facility prescribe
13401334 and carry out a course of conduct necessary for the rehabilitation
13411335 of the defendant's drug or alcohol dependence condition.
13421336 (b) If the director of a facility to which a defendant is
13431337 referred under Subsection (a) determines that the defendant is not
13441338 making a good faith effort to participate in a program of
13451339 rehabilitation, the director shall notify the judge who referred
13461340 the defendant to the facility of that determination.
13471341 (c) If a judge requires as a condition of community
13481342 supervision that the defendant participate in a prescribed course
13491343 of conduct necessary for the rehabilitation of the defendant's drug
13501344 or alcohol dependence condition, the judge shall require that the
13511345 defendant pay for all or part of the cost of the rehabilitation
13521346 based on the defendant's ability to pay. The judge, in the judge's
13531347 discretion, may credit against the fine assessed the cost paid by
13541348 the defendant. In determining a defendant's ability to pay the cost
13551349 of rehabilitation under this subsection, the judge shall consider
13561350 whether the defendant has insurance coverage that will pay for
13571351 rehabilitation.
13581352 (d) A judge who grants community supervision to a defendant
13591353 convicted of an offense under Sections 49.04-49.08, Penal Code,
13601354 shall require, if the defendant has not submitted to an evaluation
13611355 under Article 42A.257 before receiving community supervision, that
13621356 the defendant submit to the evaluation as a condition of community
13631357 supervision. If the evaluation indicates to the judge that the
13641358 defendant needs treatment for drug or alcohol dependency, the judge
13651359 shall require the defendant to submit to that treatment as a
13661360 condition of community supervision in a program or facility that:
13671361 (1) is approved or licensed by the Department of State
13681362 Health Services; or
13691363 (2) complies with standards established by the
13701364 community justice assistance division of the Texas Department of
13711365 Criminal Justice, after consultation by the division with the
13721366 Department of State Health Services. (Code Crim. Proc., Art.
13731367 42.12, Secs. 13(a) (part), (c), (d), (f).)
13741368 Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
13751369 OFFENDERS; WAIVER OR EXTENSION OF TIME. (a) A judge who places on
13761370 community supervision a defendant convicted of an offense under
13771371 Sections 49.04-49.08, Penal Code, shall require as a condition of
13781372 community supervision that the defendant attend and successfully
13791373 complete, before the 181st day after the date community supervision
13801374 is granted, an educational program designed to rehabilitate persons
13811375 who have driven while intoxicated that is jointly approved by:
13821376 (1) the Department of State Health Services;
13831377 (2) the Department of Public Safety;
13841378 (3) the traffic safety section of the traffic
13851379 operations division of the Texas Department of Transportation; and
13861380 (4) the community justice assistance division of the
13871381 Texas Department of Criminal Justice.
13881382 (b) This article does not apply to a defendant if a jury
13891383 recommends community supervision for the defendant and also
13901384 recommends that the defendant's driver's license not be suspended.
13911385 (c) If the defendant by a motion in writing shows good
13921386 cause, the judge may:
13931387 (1) waive the educational program requirement; or
13941388 (2) to enable the defendant to successfully complete
13951389 the program, grant an extension of time that expires not later than
13961390 the first anniversary of the beginning date of the defendant's
13971391 community supervision.
13981392 (d) In determining good cause, the judge may consider but is
13991393 not limited to:
14001394 (1) the defendant's school and work schedule;
14011395 (2) the defendant's health;
14021396 (3) the distance that the defendant must travel to
14031397 attend an educational program; and
14041398 (4) the fact that the defendant resides out of state,
14051399 does not have a valid driver's license, or does not have access to
14061400 transportation.
14071401 (e) The judge shall set out the finding of good cause for
14081402 waiver in the judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(h)
14091403 (part).)
14101404 Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
14111405 INTOXICATION OFFENDERS; WAIVER. (a) The judge shall require a
14121406 defendant who is punished under Section 49.09, Penal Code, to
14131407 attend and successfully complete as a condition of community
14141408 supervision an educational program for repeat offenders that is
14151409 approved by the Department of State Health Services.
14161410 (b) The judge may waive the educational program requirement
14171411 only if the defendant by a motion in writing shows good cause. In
14181412 determining good cause, the judge may consider:
14191413 (1) the defendant's school and work schedule;
14201414 (2) the defendant's health;
14211415 (3) the distance that the defendant must travel to
14221416 attend an educational program; and
14231417 (4) whether the defendant resides out of state or does
14241418 not have access to transportation.
14251419 (c) The judge shall set out the finding of good cause in the
14261420 judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(j) (part).)
14271421 Art. 42A.405. RULES FOR AND ADMINISTRATION OF EDUCATIONAL
14281422 PROGRAMS. (a) The Health and Human Services Commission shall adopt
14291423 rules for the educational program under Article 42A.404.
14301424 (b) The Department of State Health Services shall:
14311425 (1) publish the jointly approved rules for the
14321426 educational program under Article 42A.403; and
14331427 (2) monitor, coordinate, and provide training to
14341428 persons providing the educational programs under this subchapter.
14351429 (c) The Department of State Health Services is responsible
14361430 for the administration of the certification of approved educational
14371431 programs.
14381432 (d) The Department of State Health Services may charge a
14391433 nonrefundable application fee for the initial certification of
14401434 approval or for a renewal of the certification. (Code Crim. Proc.,
14411435 Art. 42.12, Secs. 13(h) (part), (j) (part).)
14421436 Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
14431437 DRIVING RECORD AND LICENSE. (a) If a defendant is required as a
14441438 condition of community supervision to attend an educational program
14451439 under Article 42A.403 or 42A.404, or if the court waives the
14461440 educational program requirement under Article 42A.403, the court
14471441 clerk shall immediately report that fact to the Department of
14481442 Public Safety, on a form prescribed by the department, for
14491443 inclusion in the defendant's driving record. If the court grants an
14501444 extension of time in which the defendant may complete the
14511445 educational program under Article 42A.403, the court clerk shall
14521446 immediately report that fact to the Department of Public Safety on a
14531447 form prescribed by the department. The clerk's report under this
14541448 subsection must include the beginning date of the defendant's
14551449 community supervision.
14561450 (b) On the defendant's successful completion of an
14571451 educational program under Article 42A.403 or 42A.404, the
14581452 defendant's instructor shall give notice to the Department of
14591453 Public Safety for inclusion in the defendant's driving record and
14601454 to the community supervision and corrections department. The
14611455 community supervision and corrections department shall forward the
14621456 notice to the court clerk for filing.
14631457 (c) If the Department of Public Safety does not receive
14641458 notice that a defendant required to complete an educational program
14651459 has successfully completed the program within the period required
14661460 by the judge under this subchapter, as shown on department records,
14671461 the department, as provided by Sections 521.344(e) and (f),
14681462 Transportation Code, shall:
14691463 (1) revoke the defendant's driver's license; or
14701464 (2) prohibit the defendant from obtaining a license.
14711465 (d) The Department of Public Safety may not reinstate a
14721466 license revoked under Subsection (c) as the result of an
14731467 educational program requirement imposed under Article 42A.403
14741468 unless the defendant whose license was revoked applies to the
14751469 department for reinstatement of the license and pays to the
14761470 department a reinstatement fee of $100. The Department of Public
14771471 Safety shall remit all fees collected under this subsection to the
14781472 comptroller for deposit in the general revenue fund. (Code Crim.
14791473 Proc., Art. 42.12, Secs. 13(h) (part), (j) (part).)
14801474 Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE. (a) A jury
14811475 that recommends community supervision for a defendant convicted of
14821476 an offense under Sections 49.04-49.08, Penal Code, may recommend
14831477 that any driver's license issued to the defendant under Chapter
14841478 521, Transportation Code, not be suspended. This subsection does
14851479 not apply to a defendant punished under Section 49.09(a) or (b),
14861480 Penal Code, and subject to Section 49.09(h), Penal Code.
14871481 (b) Notwithstanding Sections 521.344(d)-(i),
14881482 Transportation Code, if under Article 42A.404 the judge requires a
14891483 defendant punished under Section 49.09, Penal Code, to attend an
14901484 educational program as a condition of community supervision, or
14911485 waives the required attendance for the program, and the defendant
14921486 has previously been required to attend such an educational program,
14931487 or the required attendance at the program had been waived, the judge
14941488 shall order the suspension of the defendant's driver's license for a
14951489 period determined by the judge according to the following schedule:
14961490 (1) not less than 90 days or more than one year, if the
14971491 defendant is convicted under Sections 49.04-49.08, Penal Code;
14981492 (2) not less than 180 days or more than two years, if
14991493 the defendant is punished under Section 49.09(a) or (b), Penal
15001494 Code; or
15011495 (3) not less than one year or more than two years, if
15021496 the defendant is convicted of a second or subsequent offense under
15031497 Sections 49.04-49.08, Penal Code, committed within five years of
15041498 the date on which the most recent preceding offense was committed.
15051499 (c) If the Department of Public Safety receives notice that
15061500 a defendant has been required to attend a subsequent educational
15071501 program under Article 42A.403 or 42A.404, although the previously
15081502 required attendance had been waived, but the judge has not ordered a
15091503 period of suspension, the department shall:
15101504 (1) suspend the defendant's driver's license; or
15111505 (2) issue an order prohibiting the defendant from
15121506 obtaining a license for a period of one year.
15131507 (d) The judge shall suspend the defendant's driver's license
15141508 for a period provided under Subchapter O, Chapter 521,
15151509 Transportation Code, if:
15161510 (1) a judge revokes the community supervision of the
15171511 defendant for:
15181512 (A) an offense under Section 49.04, Penal Code;
15191513 or
15201514 (B) an offense involving the operation of a motor
15211515 vehicle under Section 49.07, Penal Code; and
15221516 (2) the license has not previously been ordered by the
15231517 judge to be suspended, or the suspension was previously probated.
15241518 (e) The suspension of a defendant's driver's license under
15251519 Subsection (d) shall be reported to the Department of Public Safety
15261520 as provided under Section 521.347, Transportation Code.
15271521 (f) Notwithstanding any other provision of this subchapter
15281522 or other law, a judge who places on community supervision a
15291523 defendant who was younger than 21 years of age at the time of the
15301524 offense and was convicted for an offense under Sections
15311525 49.04-49.08, Penal Code, shall order that the defendant's driver's
15321526 license be suspended for 90 days beginning on the date the defendant
15331527 is placed on community supervision. (Code Crim. Proc., Art. 42.12,
15341528 Secs. 13(g), (k), (l), (m), (n) (part).)
15351529 Art. 42A.408. USE OF IGNITION INTERLOCK DEVICE. (a) In
15361530 this article, "ignition interlock device" means a device that uses
15371531 a deep-lung breath analysis mechanism to make impractical the
15381532 operation of the motor vehicle if ethyl alcohol is detected in the
15391533 breath of the operator.
15401534 (b) The court may require as a condition of community
15411535 supervision that a defendant placed on community supervision after
15421536 conviction of an offense under Sections 49.04-49.08, Penal Code,
15431537 have an ignition interlock device installed on the motor vehicle
15441538 owned by the defendant or on the vehicle most regularly driven by
15451539 the defendant and that the defendant not operate any motor vehicle
15461540 that is not equipped with that device.
15471541 (c) The court shall require as a condition of community
15481542 supervision that a defendant described by Subsection (b) have an
15491543 ignition interlock device installed on the motor vehicle owned by
15501544 the defendant or on the vehicle most regularly driven by the
15511545 defendant and that the defendant not operate any motor vehicle
15521546 unless the vehicle is equipped with that device if:
15531547 (1) it is shown on the trial of the offense that an
15541548 analysis of a specimen of the defendant's blood, breath, or urine
15551549 showed an alcohol concentration level of 0.15 or more at the time
15561550 the analysis was performed;
15571551 (2) the defendant is placed on community supervision
15581552 after conviction of an offense under Sections 49.04-49.06, Penal
15591553 Code, for which the defendant is punished under Section 49.09(a) or
15601554 (b), Penal Code; or
15611555 (3) the court determines under Subsection (d) that the
15621556 defendant has one or more previous convictions under Sections
15631557 49.04-49.08, Penal Code.
15641558 (d) Before placing on community supervision a defendant
15651559 convicted of an offense under Sections 49.04-49.08, Penal Code, the
15661560 court shall determine from criminal history record information
15671561 maintained by the Department of Public Safety whether the defendant
15681562 has one or more previous convictions under any of those sections. A
15691563 previous conviction may not be used for purposes of restricting a
15701564 defendant to the operation of a motor vehicle equipped with an
15711565 ignition interlock device under Subsection (c) if:
15721566 (1) the previous conviction was a final conviction
15731567 under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
15741568 Code, and was for an offense committed before the beginning of the
15751569 10-year period preceding the date of the instant offense for which
15761570 the defendant was convicted and placed on community supervision;
15771571 and
15781572 (2) the defendant has not been convicted of an offense
15791573 under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
15801574 Code, committed within the 10-year period preceding the date of the
15811575 instant offense for which the defendant was convicted and placed on
15821576 community supervision.
15831577 (e) Notwithstanding any other provision of this subchapter
15841578 or other law, a judge who places on community supervision a
15851579 defendant who was younger than 21 years of age at the time of the
15861580 offense and was convicted for an offense under Sections
15871581 49.04-49.08, Penal Code, shall require as a condition of community
15881582 supervision that the defendant not operate any motor vehicle unless
15891583 the vehicle is equipped with an ignition interlock device.
15901584 (f) The court shall require the defendant to obtain an
15911585 ignition interlock device at the defendant's own cost before the
15921586 30th day after the date of conviction unless the court finds that to
15931587 do so would not be in the best interest of justice and enters its
15941588 findings on record. The court shall require the defendant to
15951589 provide evidence to the court within the 30-day period that the
15961590 device has been installed on the appropriate vehicle and order the
15971591 device to remain installed on that vehicle for a period the length
15981592 of which is not less than 50 percent of the supervision period. If
15991593 the court determines the defendant is unable to pay for the ignition
16001594 interlock device, the court may impose a reasonable payment
16011595 schedule not to exceed twice the length of the period of the court's
16021596 order.
16031597 (g) The Department of Public Safety shall approve ignition
16041598 interlock devices for use under this article. Section 521.247,
16051599 Transportation Code, applies to the approval of a device under this
16061600 article and the consequences of that approval.
16071601 (h) Notwithstanding any other provision of this subchapter,
16081602 if a defendant is required to operate a motor vehicle in the course
16091603 and scope of the defendant's employment and if the vehicle is owned
16101604 by the employer, the defendant may operate that vehicle without
16111605 installation of an approved ignition interlock device if the
16121606 employer has been notified of that driving privilege restriction
16131607 and if proof of that notification is with the vehicle. The
16141608 employment exemption does not apply if the business entity that
16151609 owns the vehicle is owned or controlled by the defendant. (Code
16161610 Crim. Proc., Art. 42.12, Secs. 13(i) (part), (n) (part).)
16171611 Art. 42A.409. COMMUNITY SUPERVISION FOR ENHANCED PUBLIC
16181612 INTOXICATION OFFENSE. (a) On conviction of an offense punishable
16191613 as a Class C misdemeanor under Section 49.02, Penal Code, for which
16201614 punishment is enhanced under Section 12.43(c), Penal Code, based on
16211615 previous convictions under Section 49.02 or 42.01, Penal Code, the
16221616 court may suspend the imposition of the sentence and place the
16231617 defendant on community supervision if the court finds that the
16241618 defendant would benefit from community supervision and enters its
16251619 finding on the record. The judge may suspend in whole or in part the
16261620 imposition of any fine imposed on conviction.
16271621 (b) All provisions of this chapter applying to a defendant
16281622 placed on community supervision for a misdemeanor apply to a
16291623 defendant placed on community supervision under Subsection (a),
16301624 except that the court shall require the defendant as a condition of
16311625 community supervision to:
16321626 (1) submit to diagnostic testing for addiction to
16331627 alcohol or a controlled substance or drug;
16341628 (2) submit to a psychological assessment;
16351629 (3) if indicated as necessary by testing and
16361630 assessment, participate in an alcohol or drug abuse treatment or
16371631 education program; and
16381632 (4) pay the costs of testing, assessment, and
16391633 treatment or education, either directly or as a court cost. (Code
16401634 Crim. Proc., Art. 42.12, Sec. 15A.)
16411635 SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
16421636 Art. 42A.451. SEX OFFENDER REGISTRATION; DNA SAMPLE. A
16431637 judge granting community supervision to a defendant required to
16441638 register as a sex offender under Chapter 62 shall require that the
16451639 defendant, as a condition of community supervision:
16461640 (1) register under that chapter; and
16471641 (2) submit a DNA sample to the Department of Public
16481642 Safety under Subchapter G, Chapter 411, Government Code, for the
16491643 purpose of creating a DNA record of the defendant, unless the
16501644 defendant has already submitted the required sample under other
16511645 state law. (Code Crim. Proc., Art. 42.12, Sec. 11(e).)
16521646 Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR
16531647 REHABILITATION. A judge who grants community supervision to a sex
16541648 offender evaluated under Article 42A.258 may require the sex
16551649 offender as a condition of community supervision to submit to
16561650 treatment, specialized supervision, or rehabilitation according to
16571651 offense-specific standards of practice adopted by the Council on
16581652 Sex Offender Treatment. On a finding that the defendant is
16591653 financially able to make payment, the judge shall require the
16601654 defendant to pay all or part of the reasonable and necessary costs
16611655 of the treatment, supervision, or rehabilitation. (Code Crim.
16621656 Proc., Art. 42.12, Sec. 11(i).)
16631657 Art. 42A.453. CHILD SAFETY ZONE. (a) In this article,
16641658 "playground," "premises," "school," "video arcade facility," and
16651659 "youth center" have the meanings assigned by Section 481.134,
16661660 Health and Safety Code.
16671661 (b) This article applies to a defendant placed on community
16681662 supervision for an offense under:
16691663 (1) Section 20.04(a)(4), Penal Code, if the defendant
16701664 committed the offense with the intent to violate or abuse the victim
16711665 sexually;
16721666 (2) Section 20A.02, Penal Code, if the defendant:
16731667 (A) trafficked the victim with the intent or
16741668 knowledge that the victim would engage in sexual conduct, as
16751669 defined by Section 43.25, Penal Code; or
16761670 (B) benefited from participating in a venture
16771671 that involved a trafficked victim engaging in sexual conduct, as
16781672 defined by Section 43.25, Penal Code;
16791673 (3) Section 21.08, 21.11, 22.011, 22.021, or 25.02,
16801674 Penal Code;
16811675 (4) Section 30.02, Penal Code, punishable under
16821676 Subsection (d) of that section, if the defendant committed the
16831677 offense with the intent to commit a felony listed in Subdivision (1)
16841678 or (3); or
16851679 (5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
16861680 (c) If a judge grants community supervision to a defendant
16871681 described by Subsection (b) and the judge determines that a child as
16881682 defined by Section 22.011(c), Penal Code, was the victim of the
16891683 offense, the judge shall establish a child safety zone applicable
16901684 to the defendant by requiring as a condition of community
16911685 supervision that the defendant:
16921686 (1) not:
16931687 (A) supervise or participate in any program that:
16941688 (i) includes as participants or recipients
16951689 persons who are 17 years of age or younger; and
16961690 (ii) regularly provides athletic, civic, or
16971691 cultural activities; or
16981692 (B) go in, on, or within 1,000 feet of a premises
16991693 where children commonly gather, including a school, day-care
17001694 facility, playground, public or private youth center, public
17011695 swimming pool, or video arcade facility; and
17021696 (2) attend psychological counseling sessions for sex
17031697 offenders with an individual or organization that provides sex
17041698 offender treatment or counseling as specified or approved by the
17051699 judge or the defendant's supervision officer.
17061700 (d) Notwithstanding Subsection (c)(1), a judge is not
17071701 required to impose the conditions described by Subsection (c)(1) if
17081702 the defendant is a student at a primary or secondary school.
17091703 (e) At any time after the imposition of a condition under
17101704 Subsection (c)(1), the defendant may request the court to modify
17111705 the child safety zone applicable to the defendant because the zone
17121706 as created by the court:
17131707 (1) interferes with the defendant's ability to attend
17141708 school or hold a job and consequently constitutes an undue hardship
17151709 for the defendant; or
17161710 (2) is broader than is necessary to protect the
17171711 public, given the nature and circumstances of the offense.
17181712 (f) A supervision officer for a defendant described by
17191713 Subsection (b) may permit the defendant to enter on an
17201714 event-by-event basis into the child safety zone from which the
17211715 defendant is otherwise prohibited from entering if:
17221716 (1) the defendant has served at least two years of the
17231717 period of community supervision;
17241718 (2) the defendant enters the zone as part of a program
17251719 to reunite with the defendant's family;
17261720 (3) the defendant presents to the supervision officer
17271721 a written proposal specifying where the defendant intends to go
17281722 within the zone, why and with whom the defendant is going, and how
17291723 the defendant intends to cope with any stressful situations that
17301724 occur;
17311725 (4) the sex offender treatment provider treating the
17321726 defendant agrees with the supervision officer that the defendant
17331727 should be allowed to attend the event; and
17341728 (5) the supervision officer and the treatment provider
17351729 agree on a chaperon to accompany the defendant and the chaperon
17361730 agrees to perform that duty.
17371731 (g) Article 42A.051(b) does not prohibit a supervision
17381732 officer from modifying a condition of community supervision by
17391733 permitting a defendant to enter a child safety zone under
17401734 Subsection (f).
17411735 (h) Notwithstanding Subsection (c)(1)(B), a requirement
17421736 that a defendant not go in, on, or within 1,000 feet of certain
17431737 premises does not apply to a defendant while the defendant is in or
17441738 going immediately to or from a:
17451739 (1) community supervision and corrections department
17461740 office;
17471741 (2) premises at which the defendant is participating
17481742 in a program or activity required as a condition of community
17491743 supervision;
17501744 (3) residential facility in which the defendant is
17511745 required to reside as a condition of community supervision, if the
17521746 facility was in operation as a residence for defendants on
17531747 community supervision on June 1, 2003; or
17541748 (4) private residence at which the defendant is
17551749 required to reside as a condition of community supervision.
17561750 (i) A supervision officer who under Subsection (c)(2)
17571751 specifies a sex offender treatment provider to provide counseling
17581752 to a defendant shall:
17591753 (1) contact the provider before the defendant is
17601754 released;
17611755 (2) establish the date, time, and place of the first
17621756 session between the defendant and the provider; and
17631757 (3) request the provider to immediately notify the
17641758 supervision officer if the defendant fails to attend the first
17651759 session or any subsequent scheduled session. (Code Crim. Proc.,
17661760 Art. 42.12, Sec. 13B.)
17671761 Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED. (a)
17681762 This article applies only to a defendant who is required to register
17691763 as a sex offender under Chapter 62, by court order or otherwise,
17701764 and:
17711765 (1) is convicted of or receives a grant of deferred
17721766 adjudication community supervision for a violation of Section
17731767 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
17741768 Code;
17751769 (2) used the Internet or any other type of electronic
17761770 device used for Internet access to commit the offense or engage in
17771771 the conduct for which the person is required to register under
17781772 Chapter 62; or
17791773 (3) is assigned a numeric risk level of three based on
17801774 an assessment conducted under Article 62.007.
17811775 (b) If the court grants community supervision to a defendant
17821776 described by Subsection (a), the court as a condition of community
17831777 supervision shall prohibit the defendant from using the Internet
17841778 to:
17851779 (1) access material that is obscene, as defined by
17861780 Section 43.21, Penal Code;
17871781 (2) access a commercial social networking site, as
17881782 defined by Article 62.0061(f);
17891783 (3) communicate with any individual concerning sexual
17901784 relations with an individual who is younger than 17 years of age; or
17911785 (4) communicate with another individual the defendant
17921786 knows is younger than 17 years of age.
17931787 (c) The court may modify at any time the condition described
17941788 by Subsection (b)(4) if:
17951789 (1) the condition interferes with the defendant's
17961790 ability to attend school or become or remain employed and
17971791 consequently constitutes an undue hardship for the defendant; or
17981792 (2) the defendant is the parent or guardian of an
17991793 individual who is younger than 17 years of age and the defendant is
18001794 not otherwise prohibited from communicating with that individual.
18011795 (Code Crim. Proc., Art. 42.12, Sec. 13G.)
18021796 Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
18031797 judge who grants community supervision to a defendant charged with
18041798 or convicted of an offense under Section 21.11 or 22.011(a)(2),
18051799 Penal Code, may require the defendant to make one payment in an
18061800 amount not to exceed $50 to a children's advocacy center
18071801 established under Subchapter E, Chapter 264, Family Code. (Code
18081802 Crim. Proc., Art. 42.12, Sec. 11(g).)
18091803 SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
18101804 OFFENDERS
18111805 Art. 42A.501. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED
18121806 BECAUSE OF BIAS OR PREJUDICE. (a) A court granting community
18131807 supervision to a defendant convicted of an offense for which the
18141808 court has made an affirmative finding under Article 42.014 shall
18151809 require as a term of community supervision that the defendant:
18161810 (1) serve a term of not more than one year imprisonment
18171811 in the Texas Department of Criminal Justice if the offense is a
18181812 felony other than an offense under Section 19.02, Penal Code; or
18191813 (2) serve a term of not more than 90 days confinement
18201814 in jail if the offense is a misdemeanor.
18211815 (b) The court may not grant community supervision on its own
18221816 motion or on the recommendation of the jury to a defendant convicted
18231817 of an offense for which the court has made an affirmative finding
18241818 under Article 42.014 if:
18251819 (1) the offense for which the court has made the
18261820 affirmative finding is an offense under Section 19.02, Penal Code;
18271821 or
18281822 (2) the defendant has been previously convicted of an
18291823 offense for which the court made an affirmative finding under
18301824 Article 42.014. (Code Crim. Proc., Art. 42.12, Sec. 13A.)
18311825 Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN VIOLENT
18321826 OFFENSES; CHILD SAFETY ZONE. (a) In this article, "playground,"
18331827 "premises," "school," "video arcade facility," and "youth center"
18341828 have the meanings assigned by Section 481.134, Health and Safety
18351829 Code.
18361830 (b) A judge granting community supervision to a defendant
18371831 convicted of an offense listed in Article 42A.054(a) or for which
18381832 the judgment contains an affirmative finding under Article
18391833 42A.054(c) or (d) may establish a child safety zone applicable to
18401834 the defendant, if the nature of the offense for which the defendant
18411835 is convicted warrants the establishment of a child safety zone, by
18421836 requiring as a condition of community supervision that the
18431837 defendant not:
18441838 (1) supervise or participate in any program that:
18451839 (A) includes as participants or recipients
18461840 persons who are 17 years of age or younger; and
18471841 (B) regularly provides athletic, civic, or
18481842 cultural activities; or
18491843 (2) go in or on, or within a distance specified by the
18501844 judge of, a premises where children commonly gather, including a
18511845 school, day-care facility, playground, public or private youth
18521846 center, public swimming pool, or video arcade facility.
18531847 (c) At any time after the imposition of a condition under
18541848 Subsection (b), the defendant may request the judge to modify the
18551849 child safety zone applicable to the defendant because the zone as
18561850 created by the judge:
18571851 (1) interferes with the defendant's ability to attend
18581852 school or hold a job and consequently constitutes an undue hardship
18591853 for the defendant; or
18601854 (2) is broader than is necessary to protect the
18611855 public, given the nature and circumstances of the offense.
18621856 (d) This article does not apply to a defendant described by
18631857 Article 42A.453. (Code Crim. Proc., Art. 42.12, Sec. 13D.)
18641858 Art. 42A.503. COMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSE
18651859 OFFENSES; PROHIBITED CONTACT WITH VICTIM. (a) If the court grants
18661860 community supervision to a defendant convicted of an offense
18671861 described by Article 17.41(a), the court may require as a condition
18681862 of community supervision that the defendant not:
18691863 (1) directly communicate with the victim of the
18701864 offense; or
18711865 (2) go near a residence, school, or other location, as
18721866 specifically described in the copy of terms and conditions, that is
18731867 frequented by the victim.
18741868 (b) In imposing the condition under Subsection (a), the
18751869 court may grant the defendant supervised access to the victim.
18761870 (c) To the extent that a condition imposed under this
18771871 article conflicts with an existing court order granting possession
18781872 of or access to a child, the condition imposed under this article
18791873 prevails for a period specified by the court granting community
18801874 supervision, not to exceed 90 days. (Code Crim. Proc., Art. 42.12,
18811875 Sec. 14(a), as amended Acts 73rd Leg., R.S., Ch. 165 (H.B. 119),
18821876 Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts 78th Leg., R.S., Ch.
18831877 353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113 (S.B. 44).)
18841878 Art. 42A.504. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
18851879 INVOLVING FAMILY VIOLENCE; SPECIAL CONDITIONS. (a) In this
18861880 article:
18871881 (1) "Family violence" has the meaning assigned by
18881882 Section 71.004, Family Code.
18891883 (2) "Family violence center" has the meaning assigned
18901884 by Section 51.002, Human Resources Code.
18911885 (b) If a judge grants community supervision to a defendant
18921886 convicted of an offense under Title 5, Penal Code, that the court
18931887 determines involves family violence, the judge shall require the
18941888 defendant to pay $100 to a family violence center that:
18951889 (1) receives state or federal funds; and
18961890 (2) serves the county in which the court is located.
18971891 (c) If the court grants community supervision to a defendant
18981892 convicted of an offense involving family violence, the court may
18991893 require the defendant, at the direction of the supervision officer,
19001894 to:
19011895 (1) attend a battering intervention and prevention
19021896 program or counsel with a provider of battering intervention and
19031897 prevention services if the program or provider has been accredited
19041898 under Section 4A, Article 42.141, as conforming to program
19051899 guidelines under that article; or
19061900 (2) if the referral option under Subdivision (1) is
19071901 not available, attend counseling sessions for the elimination of
19081902 violent behavior with a licensed counselor, social worker, or other
19091903 professional who has completed family violence intervention
19101904 training that the community justice assistance division of the
19111905 Texas Department of Criminal Justice has approved, after
19121906 consultation with the licensing authorities described by Chapters
19131907 152, 501, 502, 503, and 505, Occupations Code, and experts in the
19141908 field of family violence.
19151909 (d) If the court requires the defendant to attend counseling
19161910 or a program, the court shall require the defendant to begin
19171911 attendance not later than the 60th day after the date the court
19181912 grants community supervision, notify the supervision officer of the
19191913 name, address, and phone number of the counselor or program, and
19201914 report the defendant's attendance to the supervision officer. The
19211915 court shall require the defendant to pay all the reasonable costs of
19221916 the counseling sessions or attendance in the program on a finding
19231917 that the defendant is financially able to make payment. If the
19241918 court finds the defendant is unable to make payment, the court shall
19251919 make the counseling sessions or enrollment in the program available
19261920 without cost to the defendant. The court may also require the
19271921 defendant to pay all or a part of the reasonable costs incurred by
19281922 the victim for counseling made necessary by the offense, on a
19291923 finding that the defendant is financially able to make payment. The
19301924 court may order the defendant to make payments under this
19311925 subsection for a period not to exceed one year after the date on
19321926 which the order is entered. (Code Crim. Proc., Art. 42.12, Sec.
19331927 11(h); Secs. 14(c), (c-1), (c-2), as amended Acts 73rd Leg., R.S.,
19341928 Ch. 165 (H.B. 119), Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts
19351929 78th Leg., R.S., Ch. 353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113
19361930 (S.B. 44).)
19371931 Art. 42A.505. COMMUNITY SUPERVISION FOR STALKING OFFENSE;
19381932 PROHIBITED CONTACT WITH VICTIM. (a) If the court grants community
19391933 supervision to a defendant convicted of an offense under Section
19401934 42.072, Penal Code, the court may require as a condition of
19411935 community supervision that the defendant not:
19421936 (1) communicate directly or indirectly with the
19431937 victim; or
19441938 (2) go to or near:
19451939 (A) the residence, place of employment, or
19461940 business of the victim; or
19471941 (B) a school, day-care facility, or similar
19481942 facility where a dependent child of the victim is in attendance.
19491943 (b) If the court requires the prohibition contained in
19501944 Subsection (a)(2) as a condition of community supervision, the
19511945 court shall specifically describe the prohibited locations and the
19521946 minimum distances, if any, that the defendant must maintain from
19531947 the locations. (Code Crim. Proc., Art. 42.12, Sec. 11(l).)
19541948 Art. 42A.506. COMMUNITY SUPERVISION FOR DEFENDANT WITH
19551949 MENTAL IMPAIRMENT. If the judge places a defendant on community
19561950 supervision and the defendant is determined to be a person with
19571951 mental illness or a person with an intellectual disability, as
19581952 provided by Article 16.22 or Chapter 46B or in a psychological
19591953 evaluation conducted under Article 42A.253(a)(6), the judge may
19601954 require the defendant as a condition of community supervision to
19611955 submit to outpatient or inpatient mental health or intellectual
19621956 disability treatment if:
19631957 (1) the defendant's:
19641958 (A) mental impairment is chronic in nature; or
19651959 (B) ability to function independently will
19661960 continue to deteriorate if the defendant does not receive mental
19671961 health or intellectual disability services; and
19681962 (2) the judge determines, in consultation with a local
19691963 mental health or intellectual disability services provider, that
19701964 mental health or intellectual disability services, as appropriate,
19711965 are available for the defendant through:
19721966 (A) the Department of State Health Services or
19731967 the Department of Aging and Disability Services under Section
19741968 534.053, Health and Safety Code; or
19751969 (B) another mental health or intellectual
19761970 disability services provider. (Code Crim. Proc., Art. 42.12, Sec.
19771971 11(d).)
19781972 Art. 42A.507. COMMUNITY SUPERVISION FOR CERTAIN DEFENDANTS
19791973 IDENTIFIED AS MEMBERS OF CRIMINAL STREET GANGS; ELECTRONIC
19801974 MONITORING. (a) This article applies only to a defendant who:
19811975 (1) is identified as a member of a criminal street gang
19821976 in an intelligence database established under Chapter 61; and
19831977 (2) has two or more times been previously convicted
19841978 of, or received a grant of deferred adjudication community
19851979 supervision or another functionally equivalent form of community
19861980 supervision or probation for, a felony offense under the laws of
19871981 this state, another state, or the United States.
19881982 (b) A court granting community supervision to a defendant
19891983 described by Subsection (a) may, on the defendant's conviction of a
19901984 felony offense, require as a condition of community supervision
19911985 that the defendant submit to tracking under an electronic
19921986 monitoring service or other appropriate technological service
19931987 designed to track a person's location. (Code Crim. Proc., Art.
19941988 42.12, Sec. 13E.)
19951989 Art. 42A.508. COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED
19961990 CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE. A
19971991 court granting community supervision to a defendant convicted of an
19981992 offense under Chapter 71, Penal Code, may impose as a condition of
19991993 community supervision restrictions on the defendant's operation of
20001994 a motor vehicle, including specifying:
20011995 (1) hours during which the defendant may not operate a
20021996 motor vehicle; and
20031997 (2) locations at or in which the defendant may not
20041998 operate a motor vehicle. (Code Crim. Proc., Art. 42.12, Sec. 13F.)
20051999 Art. 42A.509. COMMUNITY SUPERVISION FOR GRAFFITI OFFENSE.
20062000 A court granting community supervision to a defendant convicted of
20072001 an offense under Section 28.08, Penal Code, shall require as a
20082002 condition of community supervision that the defendant perform:
20092003 (1) at least 15 hours of community service if the
20102004 amount of pecuniary loss resulting from the commission of the
20112005 offense is $50 or more but less than $500; or
20122006 (2) at least 30 hours of community service if the
20132007 amount of pecuniary loss resulting from the commission of the
20142008 offense is $500 or more. (Code Crim. Proc., Art. 42.12, Sec.
20152009 11(k).)
20162010 Art. 42A.510. COMMUNITY SUPERVISION FOR ENHANCED
20172011 DISORDERLY CONDUCT OFFENSE. (a) On conviction of an offense
20182012 punishable as a Class C misdemeanor under Section 42.01, Penal
20192013 Code, for which punishment is enhanced under Section 12.43(c),
20202014 Penal Code, based on previous convictions under Section 42.01 or
20212015 49.02, Penal Code, the court may suspend the imposition of the
20222016 sentence and place the defendant on community supervision if the
20232017 court finds that the defendant would benefit from community
20242018 supervision and enters its finding on the record. The judge may
20252019 suspend in whole or in part the imposition of any fine imposed on
20262020 conviction.
20272021 (b) All provisions of this chapter applying to a defendant
20282022 placed on community supervision for a misdemeanor apply to a
20292023 defendant placed on community supervision under this article,
20302024 except that the court shall require the defendant as a condition of
20312025 community supervision to:
20322026 (1) submit to diagnostic testing for addiction to
20332027 alcohol or a controlled substance or drug;
20342028 (2) submit to a psychological assessment;
20352029 (3) if indicated as necessary by testing and
20362030 assessment, participate in an alcohol or drug abuse treatment or
20372031 education program; and
20382032 (4) pay the costs of testing, assessment, and
20392033 treatment or education, either directly or as a court cost. (Code
20402034 Crim. Proc., Art. 42.12, Sec. 15A.)
20412035 Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
20422036 INVOLVING ANIMALS. If a judge grants community supervision to a
20432037 defendant convicted of an offense under Section 42.09, 42.091,
20442038 42.092, or 42.10, Penal Code, the judge may require the defendant to
20452039 attend a responsible pet owner course sponsored by a municipal
20462040 animal shelter, as defined by Section 823.001, Health and Safety
20472041 Code, that:
20482042 (1) receives federal, state, county, or municipal
20492043 funds; and
20502044 (2) serves the county in which the court is located.
20512045 (Code Crim. Proc., Art. 42.12, Sec. 11(m).)
20522046 Art. 42A.512. COMMUNITY SUPERVISION FOR ELECTRONIC
20532047 TRANSMISSION OF CERTAIN VISUAL MATERIAL. (a) In this article,
20542048 "parent" means a natural or adoptive parent, managing or possessory
20552049 conservator, or legal guardian. The term does not include a parent
20562050 whose parental rights have been terminated.
20572051 (b) If a judge grants community supervision to a defendant
20582052 who is convicted of or charged with an offense under Section 43.261,
20592053 Penal Code, the judge may require as a condition of community
20602054 supervision that the defendant attend and successfully complete an
20612055 educational program described by Section 37.218, Education Code, or
20622056 another equivalent educational program.
20632057 (c) The court shall require the defendant or the defendant's
20642058 parent to pay the cost of attending an educational program under
20652059 Subsection (b) if the court determines that the defendant or the
20662060 defendant's parent is financially able to make payment. (Code
20672061 Crim. Proc., Art. 42.12, Sec. 13H.)
20682062 Art. 42A.513. COMMUNITY SUPERVISION FOR MAKING FIREARM
20692063 ACCESSIBLE TO CHILD. (a) A court granting community supervision to
20702064 a defendant convicted of an offense under Section 46.13, Penal
20712065 Code, may require as a condition of community supervision that the
20722066 defendant:
20732067 (1) provide an appropriate public service activity
20742068 designated by the court; or
20752069 (2) attend a firearms safety course that meets or
20762070 exceeds the requirements set by the National Rifle Association as
20772071 of January 1, 1995, for a firearms safety course that requires not
20782072 more than 17 hours of instruction.
20792073 (b) The court shall require the defendant to pay the cost of
20802074 attending the firearms safety course under Subsection (a)(2).
20812075 (Code Crim. Proc., Art. 42.12, Sec. 13C.)
20822076 SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
20832077 Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION;
20842078 EXECUTION OF SENTENCE. (a) Except as otherwise provided by
20852079 Subsection (b) or (c), on conviction of a state jail felony under
20862080 Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
20872081 481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
20882082 punished under Section 12.35(a), Penal Code, the judge shall
20892083 suspend the imposition of the sentence and place the defendant on
20902084 community supervision.
20912085 (b) If the defendant has been previously convicted of a
20922086 felony, other than a felony punished under Section 12.44(a), Penal
20932087 Code, or if the conviction resulted from an adjudication of the
20942088 guilt of a defendant previously placed on deferred adjudication
20952089 community supervision for the offense, the judge may:
20962090 (1) suspend the imposition of the sentence and place
20972091 the defendant on community supervision; or
20982092 (2) order the sentence to be executed.
20992093 (c) Subsection (a) does not apply to a defendant who:
21002094 (1) under Section 481.1151(b)(1), Health and Safety
21012095 Code, possessed more than five abuse units of the controlled
21022096 substance;
21032097 (2) under Section 481.1161(b)(3), Health and Safety
21042098 Code, possessed more than one pound, by aggregate weight, including
21052099 adulterants or dilutants, of the controlled substance; or
21062100 (3) under Section 481.121(b)(3), Health and Safety
21072101 Code, possessed more than one pound of marihuana.
21082102 (d) On conviction of a state jail felony punished under
21092103 Section 12.35(a), Penal Code, other than a state jail felony listed
21102104 in Subsection (a), subject to Subsection (e), the judge may:
21112105 (1) suspend the imposition of the sentence and place
21122106 the defendant on community supervision; or
21132107 (2) order the sentence to be executed:
21142108 (A) in whole; or
21152109 (B) in part, with a period of community
21162110 supervision to begin immediately on release of the defendant from
21172111 confinement.
21182112 (e) In any case in which the jury assesses punishment, the
21192113 judge must follow the recommendations of the jury in suspending the
21202114 imposition of a sentence or ordering a sentence to be executed. If
21212115 a jury assessing punishment does not recommend community
21222116 supervision, the judge must order the sentence to be executed in
21232117 whole.
21242118 (f) A defendant is considered to be finally convicted if the
21252119 judge orders the sentence to be executed under Subsection (d)(2),
21262120 regardless of whether the judge orders the sentence to be executed
21272121 in whole or only in part.
21282122 (g) The judge may suspend in whole or in part the imposition
21292123 of any fine imposed on conviction. (Code Crim. Proc., Art. 42.12,
21302124 Sec. 15(a).)
21312125 Art. 42A.552. REVIEW OF PRESENTENCE REPORT. Before
21322126 imposing a sentence in a state jail felony case in which the judge
21332127 assesses punishment, the judge shall:
21342128 (1) review the presentence report prepared for the
21352129 defendant under Subchapter F; and
21362130 (2) determine whether the best interests of justice
21372131 require the judge to:
21382132 (A) suspend the imposition of the sentence and
21392133 place the defendant on community supervision; or
21402134 (B) order the sentence to be executed in whole or
21412135 in part as provided by Article 42A.551(d). (Code Crim. Proc., Art.
21422136 42.12, Sec. 15(c)(1) (part).)
21432137 Art. 42A.553. MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
21442138 SUPERVISION; EXTENSION. (a) The minimum period of community
21452139 supervision a judge may impose under this subchapter is two years.
21462140 The maximum period of community supervision a judge may impose
21472141 under this subchapter is five years, except that the judge may
21482142 extend the maximum period of community supervision under this
21492143 subchapter to not more than 10 years.
21502144 (b) A judge may extend a period of community supervision
21512145 under this subchapter:
21522146 (1) at any time during the period of community
21532147 supervision; or
21542148 (2) before the first anniversary of the date the
21552149 period of community supervision ends, if a motion for revocation of
21562150 community supervision is filed before the date the period of
21572151 community supervision ends. (Code Crim. Proc., Art. 42.12, Sec.
21582152 15(b).)
21592153 Art. 42A.554. CONDITIONS OF COMMUNITY SUPERVISION. (a) A
21602154 judge assessing punishment in a state jail felony case may impose
21612155 any condition of community supervision on the defendant that the
21622156 judge could impose on a defendant placed on supervision for an
21632157 offense other than a state jail felony.
21642158 (b) If the judge suspends the execution of the sentence or
21652159 orders the execution of the sentence only in part as provided by
21662160 Article 42A.551(d), the judge shall impose conditions of community
21672161 supervision consistent with the recommendations contained in the
21682162 presentence report prepared for the defendant under Subchapter F.
21692163 (c) Except as otherwise provided by this subsection, a judge
21702164 who places a defendant on community supervision for an offense
21712165 listed in Article 42A.551(a) shall require the defendant to comply
21722166 with substance abuse treatment conditions that are consistent with
21732167 standards adopted by the Texas Board of Criminal Justice under
21742168 Section 509.015, Government Code. A judge is not required to impose
21752169 the substance abuse treatment conditions if the judge makes an
21762170 affirmative finding that the defendant does not require imposition
21772171 of the conditions to successfully complete the period of community
21782172 supervision. (Code Crim. Proc., Art. 42.12, Secs. 15(c)(1) (part),
21792173 (2), (3).)
21802174 Art. 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY
21812175 SUPERVISION. (a) A judge assessing punishment in a state jail
21822176 felony case may impose as a condition of community supervision that
21832177 a defendant submit at the beginning of the period of community
21842178 supervision to a term of confinement in a state jail felony facility
21852179 for a term of:
21862180 (1) not less than 90 days or more than 180 days; or
21872181 (2) not less than 90 days or more than one year, if the
21882182 defendant is convicted of an offense punishable as a state jail
21892183 felony under Section 481.112, 481.1121, 481.113, or 481.120, Health
21902184 and Safety Code.
21912185 (b) A judge may not require a defendant to submit to both the
21922186 term of confinement authorized by this article and a term of
21932187 confinement under Subchapter C or Article 42A.302. (Code Crim.
21942188 Proc., Art. 42.12, Secs. 15(c)(1) (part), (d) (part).)
21952189 Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
21962190 COMMUNITY SUPERVISION. If in a state jail felony case a defendant
21972191 violates a condition of community supervision imposed under this
21982192 chapter and after a hearing under Article 42A.751(d) the judge
21992193 modifies the defendant's community supervision, the judge may
22002194 impose any sanction permitted by Article 42A.752, except that if
22012195 the judge requires a defendant to serve a term of confinement in a
22022196 state jail felony facility as a modification of the defendant's
22032197 community supervision, the minimum term of confinement is 90 days
22042198 and the maximum term of confinement is 180 days. (Code Crim. Proc.,
22052199 Art. 42.12, Sec. 15(e).)
22062200 Art. 42A.557. REPORT BY DIRECTOR OF FACILITY. The facility
22072201 director of a state jail felony facility shall report to a judge who
22082202 orders a defendant confined in the facility as a condition of
22092203 community supervision or as a sanction imposed on a modification of
22102204 community supervision under Article 42A.556 not less than every 90
22112205 days on the defendant's programmatic progress, conduct, and
22122206 conformity to the rules of the facility. (Code Crim. Proc., Art.
22132207 42.12, Sec. 15(g).)
22142208 Art. 42A.558. REVOCATION; OPTIONS REGARDING EXECUTION OF
22152209 SENTENCE. (a) If in a state jail felony case a defendant violates a
22162210 condition of community supervision imposed under this chapter and
22172211 after a hearing under Article 42A.751(d) the judge revokes the
22182212 defendant's community supervision, the judge shall dispose of the
22192213 case in the manner provided by Article 42A.755.
22202214 (b) The court retains jurisdiction over the defendant for
22212215 the period during which the defendant is confined in a state jail
22222216 felony facility. At any time after the 75th day after the date the
22232217 defendant is received into the custody of a state jail felony
22242218 facility, the judge on the judge's own motion, on the motion of the
22252219 attorney representing the state, or on the motion of the defendant
22262220 may suspend further execution of the sentence and place the
22272221 defendant on community supervision under the conditions of this
22282222 subchapter.
22292223 (c) When the defendant or the attorney representing the
22302224 state files a written motion requesting the judge to suspend
22312225 further execution of the sentence and place the defendant on
22322226 community supervision, the clerk of the court, if requested to do so
22332227 by the judge, shall request a copy of the defendant's record while
22342228 confined from the facility director of the state jail felony
22352229 facility in which the defendant is confined or, if the defendant is
22362230 confined in county jail, from the sheriff. On receipt of the
22372231 request, the facility director or the sheriff shall forward a copy
22382232 of the record to the judge as soon as possible.
22392233 (d) When the defendant files a written motion requesting the
22402234 judge to suspend further execution of the sentence and place the
22412235 defendant on community supervision, the defendant shall
22422236 immediately deliver or cause to be delivered a copy of the motion to
22432237 the office of the attorney representing the state. The judge may
22442238 deny the motion without holding a hearing but may not grant the
22452239 motion without holding a hearing and providing the attorney
22462240 representing the state and the defendant the opportunity to present
22472241 evidence on the motion. (Code Crim. Proc., Art. 42.12, Sec. 15(f).)
22482242 Art. 42A.559. CREDITS FOR TIME SERVED. (a) For purposes of
22492243 this article, "diligent participation" includes:
22502244 (1) successful completion of an educational,
22512245 vocational, or treatment program;
22522246 (2) progress toward successful completion of an
22532247 educational, vocational, or treatment program that was interrupted
22542248 by illness, injury, or another circumstance outside the control of
22552249 the defendant; and
22562250 (3) active involvement in a work program.
22572251 (b) A defendant confined in a state jail felony facility
22582252 does not earn good conduct time for time served in the facility but
22592253 may be awarded diligent participation credit in accordance with
22602254 Subsection (f).
22612255 (c) A judge:
22622256 (1) may credit against any time a defendant is
22632257 required to serve in a state jail felony facility time served in a
22642258 county jail from the time of the defendant's arrest and confinement
22652259 until sentencing by the trial court; and
22662260 (2) shall credit against any time a defendant is
22672261 required to serve in a state jail felony facility time served before
22682262 sentencing in a substance abuse felony punishment facility operated
22692263 by the Texas Department of Criminal Justice under Section 493.009,
22702264 Government Code, or other court-ordered residential program or
22712265 facility as a condition of deferred adjudication community
22722266 supervision, but only if the defendant successfully completes the
22732267 treatment program in that facility.
22742268 (d) A judge shall credit against any time a defendant is
22752269 subsequently required to serve in a state jail felony facility
22762270 after revocation of community supervision time served after
22772271 sentencing:
22782272 (1) in a state jail felony facility; or
22792273 (2) in a substance abuse felony punishment facility
22802274 operated by the Texas Department of Criminal Justice under Section
22812275 493.009, Government Code, or other court-ordered residential
22822276 program or facility if the defendant successfully completes the
22832277 treatment program in that facility.
22842278 (e) For a defendant who has participated in an educational,
22852279 vocational, treatment, or work program while confined in a state
22862280 jail felony facility, not later than the 30th day before the date on
22872281 which the defendant will have served 80 percent of the defendant's
22882282 sentence, the Texas Department of Criminal Justice shall report to
22892283 the sentencing court the number of days during which the defendant
22902284 diligently participated in any educational, vocational, treatment,
22912285 or work program. The contents of a report submitted under this
22922286 subsection are not subject to challenge by a defendant.
22932287 (f) A judge, based on the report received under Subsection
22942288 (e), may credit against any time a defendant is required to serve in
22952289 a state jail felony facility additional time for each day the
22962290 defendant actually served in the facility while diligently
22972291 participating in an educational, vocational, treatment, or work
22982292 program. A time credit under this subsection may not exceed
22992293 one-fifth of the amount of time the defendant is originally
23002294 required to serve in the facility. A defendant may not be awarded a
23012295 time credit under this subsection for any period during which the
23022296 defendant is subject to disciplinary action. A time credit under
23032297 this subsection is a privilege and not a right. (Code Crim. Proc.,
23042298 Art. 42.12, Sec. 15(h).)
23052299 Art. 42A.560. MEDICAL RELEASE. (a) If a defendant is
23062300 convicted of a state jail felony and the sentence is executed, the
23072301 judge sentencing the defendant may release the defendant to a
23082302 medically suitable placement if the judge determines that the
23092303 defendant does not constitute a threat to public safety and the
23102304 Texas Correctional Office on Offenders with Medical or Mental
23112305 Impairments:
23122306 (1) in coordination with the Correctional Managed
23132307 Health Care Committee, prepares a case summary and medical report
23142308 that identifies the defendant as:
23152309 (A) being a person who is elderly or terminally
23162310 ill or a person with a physical disability;
23172311 (B) being a person with mental illness or an
23182312 intellectual disability; or
23192313 (C) having a condition requiring long-term care;
23202314 and
23212315 (2) in cooperation with the community supervision and
23222316 corrections department serving the sentencing court, prepares for
23232317 the defendant a medically recommended intensive supervision and
23242318 continuity of care plan that:
23252319 (A) ensures appropriate supervision of the
23262320 defendant by the community supervision and corrections department;
23272321 and
23282322 (B) requires the defendant to remain under the
23292323 care of a physician at and reside in a medically suitable placement.
23302324 (b) The Texas Correctional Office on Offenders with Medical
23312325 or Mental Impairments shall submit to a judge who releases a
23322326 defendant to an appropriate medical care facility under Subsection
23332327 (a) a quarterly status report concerning the defendant's medical
23342328 and treatment status.
23352329 (c) If a defendant released to a medically suitable
23362330 placement under Subsection (a) violates the terms of that release,
23372331 the judge may dispose of the matter as provided by Articles 42A.556
23382332 and 42A.558(a). (Code Crim. Proc., Art. 42.12, Secs. 15(i), as
23392333 added Acts 80th Leg., R.S., Ch. 1308, (j), as added Acts 80th Leg.,
23402334 R.S., Ch. 1308, (k).)
23412335 Art. 42A.561. MEDICAL RELEASE. (a) If a defendant is
23422336 convicted of a state jail felony and the sentence is executed, the
23432337 judge sentencing the defendant may release the defendant to a
23442338 medical care facility or medical treatment program if the Texas
23452339 Correctional Office on Offenders with Medical or Mental
23462340 Impairments:
23472341 (1) identifies the defendant as:
23482342 (A) being a person who is elderly or terminally
23492343 ill or a person with a physical disability;
23502344 (B) being a person with mental illness or an
23512345 intellectual disability; or
23522346 (C) having a condition requiring long-term care;
23532347 and
23542348 (2) in cooperation with the community supervision and
23552349 corrections department serving the sentencing court, prepares for
23562350 the defendant a medically recommended intensive supervision plan
23572351 that:
23582352 (A) ensures appropriate supervision of the
23592353 defendant; and
23602354 (B) requires the defendant to remain under the
23612355 care of a physician at the facility or in the program.
23622356 (b) If a defendant released to a medical care facility or
23632357 medical treatment program under Subsection (a) violates the terms
23642358 of that release, the judge may dispose of the matter as provided by
23652359 Articles 42A.556 and 42A.558(a). (Code Crim. Proc., Art. 42.12,
23662360 Secs. 15(i), as added Acts 80th Leg., R.S., Ch. 617, (j), as added
23672361 Acts 80th Leg., R.S., Ch. 617.)
23682362 SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
23692363 Art. 42A.601. DEFINITION. In this subchapter, "community
23702364 corrections facility" has the meaning assigned by Section 509.001,
23712365 Government Code. (Code Crim. Proc., Art. 42.12, Sec. 18(a).)
23722366 Art. 42A.602. MAXIMUM TERM OR TERMS OF CONFINEMENT. (a) If
23732367 a judge requires as a condition of community supervision or
23742368 participation in a drug court program established under Chapter
23752369 123, Government Code, or former law that the defendant serve a term
23762370 of confinement in a community corrections facility, the term may
23772371 not exceed 24 months.
23782372 (b) A judge who requires as a condition of community
23792373 supervision that the defendant serve a term of confinement in a
23802374 community corrections facility may not impose a subsequent term of
23812375 confinement in a community corrections facility or jail during the
23822376 same supervision period that, if added to the terms previously
23832377 imposed, exceeds 36 months. (Code Crim. Proc., Art. 42.12, Secs.
23842378 18(b), (h).)
23852379 Art. 42A.603. EFFECT OF REVOCATION ON CREDIT FOR TIME SPENT
23862380 IN FACILITY. A defendant granted community supervision under this
23872381 chapter and required as a condition of community supervision to
23882382 serve a term of confinement under this subchapter may not earn good
23892383 conduct credit for time spent in a community corrections facility
23902384 or apply time spent in the facility toward completion of a prison
23912385 sentence if the community supervision is revoked. (Code Crim.
23922386 Proc., Art. 42.12, Sec. 18(c).)
23932387 Art. 42A.604. EVALUATION OF DEFENDANT'S BEHAVIOR AND
23942388 ATTITUDE. (a) As directed by the judge, the community corrections
23952389 facility director shall file with the community supervision and
23962390 corrections department director or administrator of a drug court
23972391 program, as applicable, a copy of an evaluation made by the facility
23982392 director of the defendant's behavior and attitude at the facility.
23992393 The community supervision and corrections department director or
24002394 program administrator shall examine the evaluation, make written
24012395 comments on the evaluation that the director or administrator
24022396 considers relevant, and file the evaluation and comments with the
24032397 judge who granted community supervision to the defendant or placed
24042398 the defendant in a drug court program. If the evaluation indicates
24052399 that the defendant has made significant progress toward compliance
24062400 with court-ordered conditions of community supervision or
24072401 objectives of placement in the drug court program, as applicable,
24082402 the judge may release the defendant from the community corrections
24092403 facility. A defendant who served a term in the facility as a
24102404 condition of community supervision shall serve the remainder of the
24112405 defendant's community supervision under any terms and conditions
24122406 the court imposes under this chapter.
24132407 (b) Not later than 18 months after the date on which a
24142408 defendant is granted community supervision under this chapter and
24152409 required as a condition of community supervision to serve a term of
24162410 confinement under this subchapter, the community corrections
24172411 facility director shall file with the community supervision and
24182412 corrections department director a copy of an evaluation made by the
24192413 facility director of the defendant's behavior and attitude at the
24202414 facility. The community supervision and corrections department
24212415 director shall examine the evaluation, make written comments on the
24222416 evaluation that the director considers relevant, and file the
24232417 evaluation and comments with the judge who granted community
24242418 supervision to the defendant. If the report indicates that the
24252419 defendant has made significant progress toward court-ordered
24262420 conditions of community supervision, the judge shall modify the
24272421 judge's sentence and release the defendant in the same manner as
24282422 provided by Subsection (a). If the report indicates that the
24292423 defendant would benefit from continued participation in the
24302424 community corrections facility program, the judge may order the
24312425 defendant to remain at the community corrections facility for a
24322426 period determined by the judge. If the report indicates that the
24332427 defendant has not made significant progress toward rehabilitation,
24342428 the judge may revoke community supervision and order the defendant
24352429 to serve the term of confinement specified in the defendant's
24362430 sentence. (Code Crim. Proc., Art. 42.12, Secs. 18(d), (e).)
24372431 Art. 42A.605. PLACEMENT IN COMMUNITY SERVICE PROJECT. If
24382432 ordered by the judge who placed the defendant on community
24392433 supervision, a community corrections facility director shall
24402434 attempt to place a defendant as a worker in a community service
24412435 project of a type described by Article 42A.304. (Code Crim. Proc.,
24422436 Art. 42.12, Sec. 18(f).)
24432437 Art. 42A.606. CONFINEMENT REQUIRED; EXCEPTIONS. A
24442438 defendant participating in a program under this subchapter must be
24452439 confined in the community corrections facility at all times except
24462440 for time spent:
24472441 (1) attending and traveling to and from:
24482442 (A) an education or rehabilitation program as
24492443 ordered by the court; or
24502444 (B) a community service project;
24512445 (2) away from the facility for purposes described by
24522446 this subchapter; and
24532447 (3) traveling to and from work, if applicable. (Code
24542448 Crim. Proc., Art. 42.12, Sec. 18(g).)
24552449 Art. 42A.607. DISPOSITION OF SALARY. If a defendant who is
24562450 required as a condition of community supervision to serve a term of
24572451 confinement under this subchapter is not required by the judge to
24582452 deliver the defendant's salary to the restitution center director,
24592453 the employer of the defendant shall deliver the salary to the
24602454 director. The director shall deposit the salary into a fund to be
24612455 given to the defendant on release after the director deducts:
24622456 (1) the cost to the center for the defendant's food,
24632457 housing, and supervision;
24642458 (2) the necessary expense for the defendant's travel
24652459 to and from work and community service projects, and other
24662460 incidental expenses of the defendant;
24672461 (3) support of the defendant's dependents; and
24682462 (4) restitution to the victims of an offense committed
24692463 by the defendant. (Code Crim. Proc., Art. 42.12, Sec. 18(i).)
24702464 SUBCHAPTER N. PAYMENTS; FEES
24712465 Art. 42A.651. PAYMENT AS CONDITION OF COMMUNITY
24722466 SUPERVISION. (a) A judge may not order a defendant to make a
24732467 payment as a term or condition of community supervision, except
24742468 for:
24752469 (1) the payment of fines, court costs, or restitution
24762470 to the victim; or
24772471 (2) a payment ordered as a condition that relates
24782472 personally to the rehabilitation of the defendant or that is
24792473 otherwise expressly authorized by law.
24802474 (b) A defendant's obligation to pay a fine or court cost as
24812475 ordered by a judge is independent of any requirement to pay the fine
24822476 or court cost as a condition of the defendant's community
24832477 supervision. A defendant remains obligated to pay any unpaid fine
24842478 or court cost after the expiration of the defendant's period of
24852479 community supervision. (Code Crim. Proc., Art. 42.12, Secs. 11(b)
24862480 (part), (b-1).)
24872481 Art. 42A.652. MONTHLY FEE. (a) Except as otherwise
24882482 provided by this article, a judge who grants community supervision
24892483 to a defendant shall set a fee of not less than $25 and not more than
24902484 $60 to be paid each month during the period of community supervision
24912485 by the defendant to:
24922486 (1) the court of original jurisdiction; or
24932487 (2) the court accepting jurisdiction of the
24942488 defendant's case, if jurisdiction is transferred under Article
24952489 42A.151.
24962490 (b) The judge may make payment of the monthly fee a
24972491 condition of granting or continuing the community supervision. The
24982492 judge may waive or reduce the fee or suspend a monthly payment of
24992493 the fee if the judge determines that payment of the fee would cause
25002494 the defendant a significant financial hardship.
25012495 (c) A court accepting jurisdiction of a defendant's case
25022496 under Article 42A.151 shall enter an order directing the defendant
25032497 to pay the monthly fee to that court instead of to the court of
25042498 original jurisdiction. To the extent of any conflict between an
25052499 order issued under this subsection and an order issued by a court of
25062500 original jurisdiction, the order entered under this subsection
25072501 prevails.
25082502 (d) A judge who receives a defendant for supervision as
25092503 authorized by Section 510.017, Government Code, may require the
25102504 defendant to pay the fee authorized by this article.
25112505 (e) A judge may not require a defendant to pay the fee under
25122506 this article for any month after the period of community
25132507 supervision has been terminated by the judge under Article 42A.701.
25142508 (f) A judge shall deposit any fee received under this
25152509 article in the special fund of the county treasury, to be used for
25162510 the same purposes for which state aid may be used under Chapter 76,
25172511 Government Code. (Code Crim. Proc., Art. 42.12, Secs. 19(a),
25182512 (a-1), (b), (c) (part), (g).)
25192513 Art. 42A.653. ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
25202514 OFFENDERS. (a) A judge who grants community supervision to a
25212515 defendant convicted of an offense under Section 21.08, 21.11,
25222516 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require
25232517 as a condition of community supervision that the defendant pay to
25242518 the defendant's supervision officer a community supervision fee of
25252519 $5 each month during the period of community supervision.
25262520 (b) A fee imposed under this article is in addition to court
25272521 costs or any other fee imposed on the defendant.
25282522 (c) A community supervision and corrections department
25292523 shall deposit a fee collected under this article to be sent to the
25302524 comptroller as provided by Subchapter B, Chapter 133, Local
25312525 Government Code. The comptroller shall deposit the fee in the
25322526 sexual assault program fund under Section 420.008, Government Code.
25332527 (d) If a community supervision and corrections department
25342528 does not collect a fee imposed under this article, the department is
25352529 not required to file any report required by the comptroller that
25362530 relates to the collection of the fee. (Code Crim. Proc., Art.
25372531 42.12, Secs. 19(e), (f), as amended Acts 78th Leg., R.S., Chs. 209,
25382532 1310.)
25392533 Art. 42A.654. FEES DUE ON CONVICTION. For the purpose of
25402534 determining when fees due on conviction are to be paid to any
25412535 officer, the placement of a defendant on community supervision is
25422536 considered a final disposition of the case, without the necessity
25432537 of waiting for the termination of the period of community
25442538 supervision. (Code Crim. Proc., Art. 42.12, Sec. 19(d).)
25452539 Art. 42A.655. ABILITY TO PAY. The court shall consider the
25462540 defendant's ability to pay in ordering the defendant to make any
25472541 payments under this chapter. (Code Crim. Proc., Art. 42.12, Sec.
25482542 11(b) (part).)
25492543 SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
25502544 PERIOD
25512545 Art. 42A.701. REDUCTION OR TERMINATION OF COMMUNITY
25522546 SUPERVISION PERIOD. (a) At any time after the defendant has
25532547 satisfactorily completed one-third of the original community
25542548 supervision period or two years of community supervision, whichever
25552549 is less, the judge may reduce or terminate the period of community
25562550 supervision.
25572551 (b) On completion of one-half of the original community
25582552 supervision period or two years of community supervision, whichever
25592553 is more, the judge shall review the defendant's record and consider
25602554 whether to reduce or terminate the period of community supervision,
25612555 unless the defendant:
25622556 (1) is delinquent in paying required costs, fines,
25632557 fees, or restitution that the defendant has the ability to pay; or
25642558 (2) has not completed court-ordered counseling or
25652559 treatment.
25662560 (c) Before reducing or terminating a period of community
25672561 supervision or conducting a review under this article, the judge
25682562 shall notify the attorney representing the state and the defendant
25692563 or, if the defendant has an attorney, the defendant's attorney.
25702564 (d) If the judge determines that the defendant has failed to
25712565 satisfactorily fulfill the conditions of community supervision,
25722566 the judge shall advise the defendant in writing of the requirements
25732567 for satisfactorily fulfilling those conditions.
25742568 (e) On the satisfactory fulfillment of the conditions of
25752569 community supervision and the expiration of the period of community
25762570 supervision, the judge by order shall:
25772571 (1) amend or modify the original sentence imposed, if
25782572 necessary, to conform to the community supervision period; and
25792573 (2) discharge the defendant.
25802574 (f) If the judge discharges the defendant under this
25812575 article, the judge may set aside the verdict or permit the defendant
25822576 to withdraw the defendant's plea. A judge acting under this
25832577 subsection shall dismiss the accusation, complaint, information,
25842578 or indictment against the defendant. A defendant who receives a
25852579 discharge and dismissal under this subsection is released from all
25862580 penalties and disabilities resulting from the offense of which the
25872581 defendant has been convicted or to which the defendant has pleaded
25882582 guilty, except that:
25892583 (1) proof of the conviction or plea of guilty shall be
25902584 made known to the judge if the defendant is convicted of any
25912585 subsequent offense; and
25922586 (2) if the defendant is an applicant for or the holder
25932587 of a license under Chapter 42, Human Resources Code, the Department
25942588 of Family and Protective Services may consider the fact that the
25952589 defendant previously has received community supervision under this
25962590 chapter in issuing, renewing, denying, or revoking a license under
25972591 Chapter 42, Human Resources Code.
25982592 (g) This article does not apply to a defendant convicted of:
25992593 (1) an offense under Sections 49.04-49.08, Penal Code;
26002594 (2) an offense the conviction of which requires
26012595 registration as a sex offender under Chapter 62; or
26022596 (3) a felony described by Article 42A.054. (Code
26032597 Crim. Proc., Art. 42.12, Sec. 20.)
26042598 Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN
26052599 CONDITIONS OF COMMUNITY SUPERVISION. (a) This article applies
26062600 only to a defendant who:
26072601 (1) is granted community supervision, including
26082602 deferred adjudication community supervision, for an offense
26092603 punishable as a state jail felony or a felony of the third degree,
26102604 other than an offense:
26112605 (A) included as a "reportable conviction or
26122606 adjudication" under Article 62.001(5);
26132607 (B) involving family violence as defined by
26142608 Section 71.004, Family Code;
26152609 (C) under Section 20.03 or 28.02, Penal Code; or
26162610 (D) under Chapter 49, Penal Code;
26172611 (2) is not delinquent in paying required costs, fines,
26182612 or fees; and
26192613 (3) has fully satisfied any order to pay restitution
26202614 to a victim.
26212615 (b) A defendant described by Subsection (a) is entitled to
26222616 receive any combination of time credits toward the completion of
26232617 the defendant's period of community supervision in accordance with
26242618 this article if the court ordered the defendant as a condition of
26252619 community supervision to:
26262620 (1) make a payment described by Subsection (c);
26272621 (2) complete a treatment or rehabilitation program
26282622 described by Subsection (d); or
26292623 (3) earn a diploma, certificate, or degree described
26302624 by Subsection (e).
26312625 (c) A defendant is entitled to time credits toward the
26322626 completion of the defendant's period of community supervision for
26332627 the full payment of court costs, fines, attorney's fees, and
26342628 restitution as follows:
26352629 (1) court costs: 15 days;
26362630 (2) fines: 30 days;
26372631 (3) attorney's fees: 30 days; and
26382632 (4) restitution: 60 days.
26392633 (d) A defendant is entitled to time credits toward the
26402634 completion of the defendant's period of community supervision for
26412635 the successful completion of treatment or rehabilitation programs
26422636 as follows:
26432637 (1) parenting class or parental responsibility
26442638 program: 30 days;
26452639 (2) anger management program: 30 days;
26462640 (3) life skills training program: 30 days;
26472641 (4) vocational, technical, or career education or
26482642 training program: 60 days; and
26492643 (5) alcohol or substance abuse counseling or
26502644 treatment: 90 days.
26512645 (e) A defendant is entitled to time credits toward the
26522646 completion of the defendant's period of community supervision for
26532647 earning the following diplomas, certificates, or degrees:
26542648 (1) a high school diploma or high school equivalency
26552649 certificate: 90 days; and
26562650 (2) an associate's degree: 120 days.
26572651 (f) A defendant's supervision officer shall notify the
26582652 court if one or more time credits under this article, cumulated with
26592653 the amount of the original community supervision period the
26602654 defendant has completed, allow or require the court to conduct a
26612655 review of the defendant's community supervision under Article
26622656 42A.701. On receipt of the notice from the supervision officer, the
26632657 court shall conduct the review of the defendant's community
26642658 supervision to determine if the defendant is eligible for a
26652659 reduction or termination of community supervision under Article
26662660 42A.701, taking into account any time credits to which the
26672661 defendant is entitled under this article in determining if the
26682662 defendant has completed, as applicable:
26692663 (1) the lesser of one-third of the original community
26702664 supervision period or two years of community supervision; or
26712665 (2) the greater of one-half of the original community
26722666 supervision period or two years of community supervision.
26732667 (g) A court may order that some or all of the time credits to
26742668 which a defendant is entitled under this article be forfeited if,
26752669 before the expiration of the original period or a reduced period of
26762670 community supervision, the court:
26772671 (1) after a hearing under Article 42A.751(d), finds
26782672 that a defendant violated one or more conditions of community
26792673 supervision; and
26802674 (2) modifies or continues the defendant's period of
26812675 community supervision under Article 42A.752 or revokes the
26822676 defendant's community supervision under Article 42A.755. (Code
26832677 Crim. Proc., Art. 42.12, Sec. 20A.)
26842678 SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
26852679 Art. 42A.751. VIOLATION OF CONDITIONS OF COMMUNITY
26862680 SUPERVISION; DETENTION AND HEARING. (a) At any time during the
26872681 period of community supervision, the judge may issue a warrant for a
26882682 violation of any condition of community supervision and cause a
26892683 defendant convicted under Section 43.02, Penal Code, Chapter 481,
26902684 Health and Safety Code, or Sections 485.031 through 485.035, Health
26912685 and Safety Code, or placed on deferred adjudication community
26922686 supervision after being charged with one of those offenses, to be
26932687 subject to:
26942688 (1) the control measures of Section 81.083, Health and
26952689 Safety Code; and
26962690 (2) the court-ordered-management provisions of
26972691 Subchapter G, Chapter 81, Health and Safety Code.
26982692 (b) At any time during the period of community supervision,
26992693 the judge may issue a warrant for a violation of any condition of
27002694 community supervision and cause the defendant to be arrested. Any
27012695 supervision officer, police officer, or other officer with the
27022696 power of arrest may arrest the defendant with or without a warrant
27032697 on the order of the judge to be noted on the docket of the court.
27042698 Subject to Subsection (c), a defendant arrested under this
27052699 subsection may be detained in the county jail or other appropriate
27062700 place of confinement until the defendant can be taken before the
27072701 judge for a determination regarding the alleged violation. The
27082702 arresting officer shall immediately report the arrest and detention
27092703 to the judge.
27102704 (c) Without any unnecessary delay, but not later than 48
27112705 hours after the defendant is arrested, the arresting officer or the
27122706 person with custody of the defendant shall take the defendant
27132707 before the judge who ordered the arrest for the alleged violation of
27142708 a condition of community supervision or, if the judge is
27152709 unavailable, before a magistrate of the county in which the
27162710 defendant was arrested. The judge or magistrate shall perform all
27172711 appropriate duties and may exercise all appropriate powers as
27182712 provided by Article 15.17 with respect to an arrest for a new
27192713 offense, except that only the judge who ordered the arrest for the
27202714 alleged violation may authorize the defendant's release on
27212715 bail. The defendant may be taken before the judge or magistrate
27222716 under this subsection by means of an electronic broadcast system as
27232717 provided by and subject to the requirements of Article 15.17.
27242718 (d) If the defendant has not been released on bail as
27252719 permitted under Subsection (c), on motion by the defendant, the
27262720 judge who ordered the arrest for the alleged violation of a
27272721 condition of community supervision shall cause the defendant to be
27282722 brought before the judge for a hearing on the alleged violation
27292723 within 20 days of the date the motion is filed. After a hearing
27302724 without a jury, the judge may continue, extend, modify, or revoke
27312725 the community supervision.
27322726 (e) A judge may revoke without a hearing the community
27332727 supervision of a defendant who is imprisoned in a penal institution
27342728 if the defendant in writing before a court of record in the
27352729 jurisdiction where the defendant is imprisoned:
27362730 (1) waives the defendant's right to a hearing and to
27372731 counsel;
27382732 (2) affirms that the defendant has nothing to say as to
27392733 why sentence should not be pronounced against the defendant; and
27402734 (3) requests the judge to revoke community supervision
27412735 and to pronounce sentence.
27422736 (f) In a felony case, the state may amend the motion to
27432737 revoke community supervision at any time before the seventh day
27442738 before the date of the revocation hearing, after which time the
27452739 motion may not be amended except for good cause shown. The state
27462740 may not amend the motion after the commencement of taking evidence
27472741 at the revocation hearing.
27482742 (g) The judge may continue the revocation hearing for good
27492743 cause shown by either the defendant or the state.
27502744 (h) The court may not revoke the community supervision of a
27512745 defendant if, at the revocation hearing, the court finds that the
27522746 only evidence supporting the alleged violation of a condition of
27532747 community supervision is the uncorroborated results of a polygraph
27542748 examination.
27552749 (i) In a revocation hearing at which it is alleged only that
27562750 the defendant violated the conditions of community supervision by
27572751 failing to pay compensation paid to appointed counsel, community
27582752 supervision fees, or court costs, the state must prove by a
27592753 preponderance of the evidence that the defendant was able to pay and
27602754 did not pay as ordered by the judge.
27612755 (j) The court may order a community supervision and
27622756 corrections department to obtain information pertaining to the
27632757 factors listed under Article 42.037(h) and include that information
27642758 in the presentence report required under Article 42A.252(a) or a
27652759 separate report, as the court directs.
27662760 (k) A defendant has a right to counsel at a hearing under
27672761 this article. The court shall appoint counsel for an indigent
27682762 defendant in accordance with the procedures adopted under Article
27692763 26.04.
27702764 (l) A court retains jurisdiction to hold a hearing under
27712765 Subsection (d) and to revoke, continue, or modify community
27722766 supervision, regardless of whether the period of community
27732767 supervision imposed on the defendant has expired, if before the
27742768 expiration of the supervision period:
27752769 (1) the attorney representing the state files a motion
27762770 to revoke, continue, or modify community supervision; and
27772771 (2) a capias is issued for the arrest of the defendant.
27782772 (Code Crim. Proc., Art. 42.12, Sec. 21.)
27792773 Art. 42A.752. CONTINUATION OR MODIFICATION OF COMMUNITY
27802774 SUPERVISION AFTER VIOLATION. (a) If after a hearing under Article
27812775 42A.751(d) a judge continues or modifies community supervision
27822776 after determining that the defendant violated a condition of
27832777 community supervision, the judge may impose any other conditions
27842778 the judge determines are appropriate, including:
27852779 (1) a requirement that the defendant perform community
27862780 service for a number of hours specified by the court under Article
27872781 42A.304, or an increase in the number of hours that the defendant
27882782 has previously been required to perform under that article in an
27892783 amount not to exceed double the number of hours permitted by that
27902784 article;
27912785 (2) an extension of the period of community
27922786 supervision, in the manner described by Article 42A.753;
27932787 (3) an increase in the defendant's fine, in the manner
27942788 described by Subsection (b); or
27952789 (4) the placement of the defendant in a substance
27962790 abuse felony punishment program operated under Section 493.009,
27972791 Government Code, if:
27982792 (A) the defendant is convicted of a felony other
27992793 than:
28002794 (i) a felony under Section 21.11, 22.011,
28012795 or 22.021, Penal Code; or
28022796 (ii) criminal attempt of a felony under
28032797 Section 21.11, 22.011, or 22.021, Penal Code; and
28042798 (B) the judge makes an affirmative finding that:
28052799 (i) drug or alcohol abuse significantly
28062800 contributed to the commission of the offense or violation of a
28072801 condition of community supervision, as applicable; and
28082802 (ii) the defendant is a suitable candidate
28092803 for treatment, as determined by the suitability criteria
28102804 established by the Texas Board of Criminal Justice under Section
28112805 493.009(b), Government Code.
28122806 (b) A judge may impose a sanction on a defendant described
28132807 by Subsection (a)(3) by increasing the fine imposed on the
28142808 defendant. The original fine imposed on the defendant and an
28152809 increase in the fine imposed under this subsection may not exceed
28162810 the maximum fine for the offense for which the defendant was
28172811 sentenced. The judge shall deposit money received from an increase
28182812 in the defendant's fine under this subsection in the special fund of
28192813 the county treasury to be used for the same purposes for which state
28202814 aid may be used under Chapter 76, Government Code.
28212815 (c) If the judge imposes a sanction under Subsection (a)(4),
28222816 the judge shall also impose a condition requiring the defendant on
28232817 successful completion of the program to participate in a drug or
28242818 alcohol abuse continuum of care treatment plan. (Code Crim. Proc.,
28252819 Art. 42.12, Secs. 22(a), (b), (d).)
28262820 Art. 42A.753. EXTENSION OF COMMUNITY SUPERVISION AFTER
28272821 VIOLATION. (a) On a showing of good cause, the judge may extend a
28282822 period of community supervision under Article 42A.752(a)(2) as
28292823 frequently as the judge determines is necessary, but the period of
28302824 community supervision in a first, second, or third degree felony
28312825 case may not exceed 10 years and, except as otherwise provided by
28322826 Subsection (b), the period of community supervision in a
28332827 misdemeanor case may not exceed three years.
28342828 (b) The judge may extend the period of community supervision
28352829 in a misdemeanor case for any period the judge determines is
28362830 necessary, not to exceed an additional two years beyond the
28372831 three-year limit provided by Subsection (a), if:
28382832 (1) the defendant fails to pay a previously assessed
28392833 fine, cost, or restitution; and
28402834 (2) the judge determines that extending the
28412835 supervision period increases the likelihood that the defendant will
28422836 fully pay the fine, cost, or restitution.
28432837 (c) A court may extend a period of community supervision
28442838 under Article 42A.752(a)(2):
28452839 (1) at any time during the supervision period; or
28462840 (2) before the first anniversary of the date the
28472841 supervision period ends, if a motion for revocation of community
28482842 supervision is filed before the date the supervision period ends.
28492843 (Code Crim. Proc., Art. 42.12, Sec. 22(c).)
28502844 Art. 42A.754. AUTHORITY TO REVOKE COMMUNITY SUPERVISION.
28512845 Only the court in which the defendant was tried may revoke the
28522846 defendant's community supervision unless the judge has transferred
28532847 jurisdiction of the case to another court under Article 42A.151.
28542848 (Code Crim. Proc., Art. 42.12, Sec. 10(a) (part).)
28552849 Art. 42A.755. REVOCATION OF COMMUNITY SUPERVISION. (a) If
28562850 community supervision is revoked after a hearing under Article
28572851 42A.751(d), the judge may:
28582852 (1) proceed to dispose of the case as if there had been
28592853 no community supervision; or
28602854 (2) if the judge determines that the best interests of
28612855 society and the defendant would be served by a shorter term of
28622856 confinement, reduce the term of confinement originally assessed to
28632857 any term of confinement not less than the minimum prescribed for the
28642858 offense of which the defendant was convicted.
28652859 (b) The judge shall enter in the judgment in the case the
28662860 amount of restitution owed by the defendant on the date of
28672861 revocation.
28682862 (c) Except as otherwise provided by Subsection (d), no part
28692863 of the period that the defendant is on community supervision may be
28702864 considered as any part of the term that the defendant is sentenced
28712865 to serve.
28722866 (d) On revocation, the judge shall credit to the defendant
28732867 time served as a condition of community supervision in a substance
28742868 abuse felony punishment facility operated by the Texas Department
28752869 of Criminal Justice under Section 493.009, Government Code, or
28762870 other court-ordered residential program or facility, but only if
28772871 the defendant successfully completes the treatment program in that
28782872 facility.
28792873 (e) The right of the defendant to appeal for a review of the
28802874 conviction and punishment, as provided by law, shall be accorded
28812875 the defendant at the time the defendant is placed on community
28822876 supervision. When the defendant is notified that the defendant's
28832877 community supervision is revoked for a violation of the conditions
28842878 of community supervision and the defendant is called on to serve a
28852879 sentence in a jail or in the Texas Department of Criminal Justice,
28862880 the defendant may appeal the revocation. (Code Crim. Proc.,
28872881 Art. 42.12, Sec. 23.)
28882882 Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a
28892883 hearing under Article 42A.751(d), it is an affirmative defense to
28902884 revocation for an alleged violation based on a failure to report to
28912885 a supervision officer as directed or to remain within a specified
28922886 place that no supervision officer, peace officer, or other officer
28932887 with the power of arrest under a warrant issued by a judge for that
28942888 alleged violation contacted or attempted to contact the defendant
28952889 in person at the defendant's last known residence address or last
28962890 known employment address, as reflected in the files of the
28972891 department serving the county in which the order of deferred
28982892 adjudication community supervision was entered. (Code Crim. Proc.,
28992893 Art. 42.12, Sec. 24 (part).)
29002894 Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR
29012895 CERTAIN SEX OFFENDERS. (a) If a defendant is placed on deferred
29022896 adjudication community supervision after being convicted of an
29032897 offense under Section 21.11, 22.011, or 22.021, Penal Code, at any
29042898 time during the period of community supervision, the judge may
29052899 extend the period of community supervision as provided by this
29062900 article.
29072901 (b) At a hearing at which the defendant is provided the same
29082902 rights as are provided to a defendant at a hearing under Article
29092903 42A.751(d), the judge may extend the defendant's supervision period
29102904 for a period not to exceed 10 additional years if the judge
29112905 determines that:
29122906 (1) the defendant has not sufficiently demonstrated a
29132907 commitment to avoid future criminal behavior; and
29142908 (2) the release of the defendant from supervision
29152909 would endanger the public.
29162910 (c) A judge may extend a period of community supervision
29172911 under this article only once.
29182912 (d) A judge may extend a period of community supervision for
29192913 a defendant under both Article 42A.752(a)(2) and this article.
29202914 (e) The prohibition in Article 42A.753(a) against a period
29212915 of community supervision in a felony case exceeding 10 years does
29222916 not apply to a defendant for whom community supervision is
29232917 increased under this article or under both Article 42A.752(a)(2) and this article. (Code Crim. Proc., Art. 42.12, Sec. 22A.)
29242918 ARTICLE 2. CONFORMING AMENDMENTS
29252919 SECTION 2.01. Sections 106.06(d) and (e), Alcoholic
29262920 Beverage Code, are amended to read as follows:
29272921 (d) A judge, acting under Chapter 42A [Article 42.12], Code
29282922 of Criminal Procedure, who places a defendant charged with an
29292923 offense under this section on community supervision under that
29302924 chapter [article] shall, if the defendant committed the offense at
29312925 a gathering where participants were involved in the abuse of
29322926 alcohol, including binge drinking or forcing or coercing
29332927 individuals to consume alcohol, in addition to any other condition
29342928 imposed by the judge:
29352929 (1) require the defendant to:
29362930 (A) perform community service for not less than
29372931 20 or more than 40 hours; and
29382932 (B) attend an alcohol awareness program approved
29392933 under Section 106.115; and
29402934 (2) order the Department of Public Safety to suspend
29412935 the driver's license or permit of the defendant or, if the defendant
29422936 does not have a driver's license or permit, to deny the issuance of
29432937 a driver's license or permit to the defendant for 180 days.
29442938 (e) Community service ordered under Subsection (d) is in
29452939 addition to any community service ordered by the judge under
29462940 Article 42A.304 [Section 16, Article 42.12], Code of Criminal
29472941 Procedure, and must be related to education about or prevention of
29482942 misuse of alcohol if programs or services providing that education
29492943 are available in the community in which the court is located. If
29502944 programs or services providing that education are not available,
29512945 the court may order community service that the court considers
29522946 appropriate for rehabilitative purposes.
29532947 SECTION 2.02. Section 142.002(b), Civil Practice and
29542948 Remedies Code, is amended to read as follows:
29552949 (b) This section does not preclude a cause of action for
29562950 negligent hiring or the failure of an employer, general contractor,
29572951 premises owner, or other third party to provide adequate
29582952 supervision of an employee, if:
29592953 (1) the employer, general contractor, premises owner,
29602954 or other third party knew or should have known of the conviction;
29612955 and
29622956 (2) the employee was convicted of:
29632957 (A) an offense that was committed while
29642958 performing duties substantially similar to those reasonably
29652959 expected to be performed in the employment, or under conditions
29662960 substantially similar to those reasonably expected to be
29672961 encountered in the employment, taking into consideration the
29682962 factors listed in Sections 53.022 and 53.023(a), Occupations Code,
29692963 without regard to whether the occupation requires a license;
29702964 (B) an offense listed in Article 42A.054 [Section
29712965 3g, Article 42.12], Code of Criminal Procedure; or
29722966 (C) a sexually violent offense, as defined by
29732967 Article 62.001, Code of Criminal Procedure.
29742968 SECTION 2.03. Section 152.003(c), Civil Practice and
29752969 Remedies Code, is amended to read as follows:
29762970 (c) A criminal case may not be referred to the system if the
29772971 defendant is charged with or convicted of an offense listed in
29782972 Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
29792973 Criminal Procedure, or convicted of an offense, the judgment for
29802974 which contains an affirmative finding under Article 42A.054(c) or
29812975 (d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
29822976 SECTION 2.04. Article 5.08, Code of Criminal Procedure, is
29832977 amended to read as follows:
29842978 Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES.
29852979 Notwithstanding Article 26.13(g) or 42A.301(15) [Section
29862980 11(a)(16), Article 42.12, of this code], in a criminal prosecution
29872981 arising from family violence, as that term is defined by Section
29882982 71.004, Family Code, a court shall not refer or order the victim or
29892983 the defendant involved to mediation, dispute resolution,
29902984 arbitration, or other similar procedures.
29912985 SECTION 2.05. Article 17.091, Code of Criminal Procedure,
29922986 is amended to read as follows:
29932987 Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
29942988 Before a judge or magistrate reduces the amount of bail set for a
29952989 defendant charged with an offense listed in Article 42A.054
29962990 [Section 3g, Article 42.12], an offense described by Article
29972991 62.001(5), or an offense under Section 20A.03, Penal Code, the
29982992 judge or magistrate shall provide:
29992993 (1) to the attorney representing the state, reasonable
30002994 notice of the proposed bail reduction; and
30012995 (2) on request of the attorney representing the state
30022996 or the defendant or the defendant's counsel, an opportunity for a
30032997 hearing concerning the proposed bail reduction.
30042998 SECTION 2.06. Article 26.052(d)(3), Code of Criminal
30052999 Procedure, is amended to read as follows:
30063000 (3) The standards must require that an attorney
30073001 appointed as lead appellate counsel in the direct appeal of a
30083002 capital case:
30093003 (A) be a member of the State Bar of Texas;
30103004 (B) exhibit proficiency and commitment to
30113005 providing quality representation to defendants in death penalty
30123006 cases;
30133007 (C) have not been found by a federal or state
30143008 court to have rendered ineffective assistance of counsel during the
30153009 trial or appeal of any capital case, unless the local selection
30163010 committee determines under Subsection (n) that the conduct
30173011 underlying the finding no longer accurately reflects the attorney's
30183012 ability to provide effective representation;
30193013 (D) have at least five years of criminal law
30203014 experience;
30213015 (E) have authored a significant number of
30223016 appellate briefs, including appellate briefs for homicide cases and
30233017 other cases involving an offense punishable as a capital felony or a
30243018 felony of the first degree or an offense described by Article
30253019 42A.054(a) [Section 3g(a)(1), Article 42.12];
30263020 (F) have trial or appellate experience in:
30273021 (i) the use of and challenges to mental
30283022 health or forensic expert witnesses; and
30293023 (ii) the use of mitigating evidence at the
30303024 penalty phase of a death penalty trial; and
30313025 (G) have participated in continuing legal
30323026 education courses or other training relating to criminal defense in
30333027 appealing death penalty cases.
30343028 SECTION 2.07. Section 3(d), Article 37.07, Code of Criminal
30353029 Procedure, is amended to read as follows:
30363030 (d) When the judge assesses the punishment, the judge [he]
30373031 may order a presentence [an investigative] report as contemplated
30383032 in Subchapter F, Chapter 42A, [Section 9 of Article 42.12 of this
30393033 code] and after considering the report, and after the hearing of the
30403034 evidence hereinabove provided for, the judge [he] shall forthwith
30413035 announce the judge's [his] decision in open court as to the
30423036 punishment to be assessed.
30433037 SECTION 2.08. Sections 4(a), (b), and (c), Article 37.07,
30443038 Code of Criminal Procedure, are amended to read as follows:
30453039 (a) In the penalty phase of the trial of a felony case in
30463040 which the punishment is to be assessed by the jury rather than the
30473041 court, if the offense of which the jury has found the defendant
30483042 guilty is an offense under Section 71.02, Penal Code, other than an
30493043 offense punishable as a state jail felony under that section, an
30503044 offense under Section 71.023, Penal Code, or an offense listed in
30513045 Article 42A.054(a) [Section 3g(a)(1), Article 42.12], or if the
30523046 judgment contains an affirmative finding under Article 42A.054(c)
30533047 or (d) [Section 3g(a)(2), Article 42.12], unless the defendant has
30543048 been convicted of an offense under Section 21.02, Penal Code, an
30553049 offense under Section 22.021, Penal Code, that is punishable under
30563050 Subsection (f) of that section, or a capital felony, the court shall
30573051 charge the jury in writing as follows:
30583052 "Under the law applicable in this case, the defendant, if
30593053 sentenced to a term of imprisonment, may earn time off the period of
30603054 incarceration imposed through the award of good conduct time.
30613055 Prison authorities may award good conduct time to a prisoner who
30623056 exhibits good behavior, diligence in carrying out prison work
30633057 assignments, and attempts at rehabilitation. If a prisoner engages
30643058 in misconduct, prison authorities may also take away all or part of
30653059 any good conduct time earned by the prisoner.
30663060 "It is also possible that the length of time for which the
30673061 defendant will be imprisoned might be reduced by the award of
30683062 parole.
30693063 "Under the law applicable in this case, if the defendant is
30703064 sentenced to a term of imprisonment, the defendant will not become
30713065 eligible for parole until the actual time served equals one-half of
30723066 the sentence imposed or 30 years, whichever is less, without
30733067 consideration of any good conduct time the defendant may earn. If
30743068 the defendant is sentenced to a term of less than four years, the
30753069 defendant must serve at least two years before the defendant is
30763070 eligible for parole. Eligibility for parole does not guarantee
30773071 that parole will be granted.
30783072 "It cannot accurately be predicted how the parole law and
30793073 good conduct time might be applied to this defendant if sentenced to
30803074 a term of imprisonment, because the application of these laws will
30813075 depend on decisions made by prison and parole authorities.
30823076 "You may consider the existence of the parole law and good
30833077 conduct time. However, you are not to consider the extent to which
30843078 good conduct time may be awarded to or forfeited by this particular
30853079 defendant. You are not to consider the manner in which the parole
30863080 law may be applied to this particular defendant."
30873081 (b) In the penalty phase of the trial of a felony case in
30883082 which the punishment is to be assessed by the jury rather than the
30893083 court, if the offense is punishable as a felony of the first degree,
30903084 if a prior conviction has been alleged for enhancement of
30913085 punishment as provided by Section 12.42(b), (c)(1) or (2), or (d),
30923086 Penal Code, or if the offense is a felony not designated as a
30933087 capital felony or a felony of the first, second, or third degree and
30943088 the maximum term of imprisonment that may be imposed for the offense
30953089 is longer than 60 years, unless the offense of which the jury has
30963090 found the defendant guilty is an offense that is punishable under
30973091 Section 21.02(h), Penal Code, or is listed in Article 42A.054(a)
30983092 [Section 3g(a)(1), Article 42.12, of this code] or the judgment
30993093 contains an affirmative finding under Article 42A.054(c) or (d)
31003094 [Section 3g(a)(2), Article 42.12, of this code], the court shall
31013095 charge the jury in writing as follows:
31023096 "Under the law applicable in this case, the defendant, if
31033097 sentenced to a term of imprisonment, may earn time off the period of
31043098 incarceration imposed through the award of good conduct time.
31053099 Prison authorities may award good conduct time to a prisoner who
31063100 exhibits good behavior, diligence in carrying out prison work
31073101 assignments, and attempts at rehabilitation. If a prisoner engages
31083102 in misconduct, prison authorities may also take away all or part of
31093103 any good conduct time earned by the prisoner.
31103104 "It is also possible that the length of time for which the
31113105 defendant will be imprisoned might be reduced by the award of
31123106 parole.
31133107 "Under the law applicable in this case, if the defendant is
31143108 sentenced to a term of imprisonment, he will not become eligible for
31153109 parole until the actual time served plus any good conduct time
31163110 earned equals one-fourth of the sentence imposed or 15 years,
31173111 whichever is less. Eligibility for parole does not guarantee that
31183112 parole will be granted.
31193113 "It cannot accurately be predicted how the parole law and
31203114 good conduct time might be applied to this defendant if he is
31213115 sentenced to a term of imprisonment, because the application of
31223116 these laws will depend on decisions made by prison and parole
31233117 authorities.
31243118 "You may consider the existence of the parole law and good
31253119 conduct time. However, you are not to consider the extent to which
31263120 good conduct time may be awarded to or forfeited by this particular
31273121 defendant. You are not to consider the manner in which the parole
31283122 law may be applied to this particular defendant."
31293123 (c) In the penalty phase of the trial of a felony case in
31303124 which the punishment is to be assessed by the jury rather than the
31313125 court, if the offense is punishable as a felony of the second or
31323126 third degree, if a prior conviction has been alleged for
31333127 enhancement as provided by Section 12.42(a), Penal Code, or if the
31343128 offense is a felony not designated as a capital felony or a felony
31353129 of the first, second, or third degree and the maximum term of
31363130 imprisonment that may be imposed for the offense is 60 years or
31373131 less, unless the offense of which the jury has found the defendant
31383132 guilty is listed in Article 42A.054(a) [Section 3g(a)(1), Article
31393133 42.12, of this code] or the judgment contains an affirmative
31403134 finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
31413135 42.12, of this code], the court shall charge the jury in writing as
31423136 follows:
31433137 "Under the law applicable in this case, the defendant, if
31443138 sentenced to a term of imprisonment, may earn time off the period of
31453139 incarceration imposed through the award of good conduct time.
31463140 Prison authorities may award good conduct time to a prisoner who
31473141 exhibits good behavior, diligence in carrying out prison work
31483142 assignments, and attempts at rehabilitation. If a prisoner engages
31493143 in misconduct, prison authorities may also take away all or part of
31503144 any good conduct time earned by the prisoner.
31513145 "It is also possible that the length of time for which the
31523146 defendant will be imprisoned might be reduced by the award of
31533147 parole.
31543148 "Under the law applicable in this case, if the defendant is
31553149 sentenced to a term of imprisonment, he will not become eligible for
31563150 parole until the actual time served plus any good conduct time
31573151 earned equals one-fourth of the sentence imposed. Eligibility for
31583152 parole does not guarantee that parole will be granted.
31593153 "It cannot accurately be predicted how the parole law and
31603154 good conduct time might be applied to this defendant if he is
31613155 sentenced to a term of imprisonment, because the application of
31623156 these laws will depend on decisions made by prison and parole
31633157 authorities.
31643158 "You may consider the existence of the parole law and good
31653159 conduct time. However, you are not to consider the extent to which
31663160 good conduct time may be awarded to or forfeited by this particular
31673161 defendant. You are not to consider the manner in which the parole
31683162 law may be applied to this particular defendant."
31693163 SECTION 2.09. Section 1, Article 38.33, Code of Criminal
31703164 Procedure, is amended to read as follows:
31713165 Sec. 1. The court shall order that a defendant who is
31723166 convicted of a felony or a misdemeanor offense that is punishable by
31733167 confinement in jail have a thumbprint of the defendant's right
31743168 thumb rolled legibly on the judgment or the docket sheet in the
31753169 case. The court shall order a defendant who is placed on deferred
31763170 adjudication community supervision [probation] under Subchapter C,
31773171 Chapter 42A [Section 5 of Article 42.12, Code of Criminal
31783172 Procedure], for an offense described by this section to have a
31793173 thumbprint of the defendant's right thumb rolled legibly on the
31803174 order placing the defendant on deferred adjudication community
31813175 supervision [probation]. If the defendant does not have a right
31823176 thumb, the defendant must have a thumbprint of the defendant's left
31833177 thumb rolled legibly on the judgment, order, or docket sheet. The
31843178 defendant must have a fingerprint of the defendant's index finger
31853179 rolled legibly on the judgment, order, or docket sheet if the
31863180 defendant does not have a right thumb or a left thumb. The
31873181 judgment, order, or docket sheet must contain a statement that
31883182 describes from which thumb or finger the print was taken, unless a
31893183 rolled 10-finger print set was taken. A clerk or bailiff of the
31903184 court or other person qualified to take fingerprints shall take the
31913185 thumbprint or fingerprint, either by use of the ink-rolled print
31923186 method or by use of a live-scanning device that prints the
31933187 thumbprint or fingerprint image on the judgment, order, or docket
31943188 sheet.
31953189 SECTION 2.10. Section 1, Article 42.01, Code of Criminal
31963190 Procedure, is amended to read as follows:
31973191 Sec. 1. A judgment is the written declaration of the court
31983192 signed by the trial judge and entered of record showing the
31993193 conviction or acquittal of the defendant. The sentence served
32003194 shall be based on the information contained in the judgment. The
32013195 judgment shall reflect:
32023196 1. The title and number of the case;
32033197 2. That the case was called and the parties appeared,
32043198 naming the attorney for the state, the defendant, and the attorney
32053199 for the defendant, or, where a defendant is not represented by
32063200 counsel, that the defendant knowingly, intelligently, and
32073201 voluntarily waived the right to representation by counsel;
32083202 3. The plea or pleas of the defendant to the offense
32093203 charged;
32103204 4. Whether the case was tried before a jury or a jury
32113205 was waived;
32123206 5. The submission of the evidence, if any;
32133207 6. In cases tried before a jury that the jury was
32143208 charged by the court;
32153209 7. The verdict or verdicts of the jury or the finding
32163210 or findings of the court;
32173211 8. In the event of a conviction that the defendant is
32183212 adjudged guilty of the offense as found by the verdict of the jury
32193213 or the finding of the court, and that the defendant be punished in
32203214 accordance with the jury's verdict or the court's finding as to the
32213215 proper punishment;
32223216 9. In the event of conviction where death or any
32233217 punishment is assessed that the defendant be sentenced to death, a
32243218 term of confinement or community supervision, or to pay a fine, as
32253219 the case may be;
32263220 10. In the event of conviction where the imposition of
32273221 sentence is suspended and the defendant is placed on community
32283222 supervision, setting forth the punishment assessed, the length of
32293223 community supervision, and the conditions of community
32303224 supervision;
32313225 11. In the event of acquittal that the defendant be
32323226 discharged;
32333227 12. The county and court in which the case was tried
32343228 and, if there was a change of venue in the case, the name of the
32353229 county in which the prosecution was originated;
32363230 13. The offense or offenses for which the defendant
32373231 was convicted;
32383232 14. The date of the offense or offenses and degree of
32393233 offense for which the defendant was convicted;
32403234 15. The term of sentence;
32413235 16. The date judgment is entered;
32423236 17. The date sentence is imposed;
32433237 18. The date sentence is to commence and any credit for
32443238 time served;
32453239 19. The terms of any order entered pursuant to Article
32463240 42.08 [of this code] that the defendant's sentence is to run
32473241 cumulatively or concurrently with another sentence or sentences;
32483242 20. The terms of any plea bargain;
32493243 21. Affirmative findings entered pursuant to Article
32503244 42A.054(c) or (d) [Subdivision (2) of Subsection (a) of Section 3g
32513245 of Article 42.12 of this code];
32523246 22. The terms of any fee payment ordered under Article
32533247 42.151 [of this code];
32543248 23. The defendant's thumbprint taken in accordance
32553249 with Article 38.33 [of this code];
32563250 24. In the event that the judge orders the defendant to
32573251 repay a reward or part of a reward under Articles 37.073 and 42.152
32583252 [of this code], a statement of the amount of the payment or payments
32593253 required to be made;
32603254 25. In the event that the court orders restitution to
32613255 be paid to the victim, a statement of the amount of restitution
32623256 ordered and:
32633257 (A) the name and address of a person or agency
32643258 that will accept and forward restitution payments to the victim; or
32653259 (B) if the court specifically elects to have
32663260 payments made directly to the crime victim, the name and permanent
32673261 address of the victim at the time of judgment;
32683262 26. In the event that a presentence investigation is
32693263 required by Subchapter F, Chapter 42A [Section 9(a), (b), (h), or
32703264 (i), Article 42.12 of this code], a statement that the presentence
32713265 investigation was done according to the applicable provision;
32723266 27. In the event of conviction of an offense for which
32733267 registration as a sex offender is required under Chapter 62, a
32743268 statement that the registration requirement of that chapter applies
32753269 to the defendant and a statement of the age of the victim of the
32763270 offense;
32773271 28. The defendant's state identification number
32783272 required by Section 60.052(a)(2), if that number has been assigned
32793273 at the time of the judgment; and
32803274 29. The incident number required by Section
32813275 60.052(a)(4), if that number has been assigned at the time of the
32823276 judgment.
32833277 SECTION 2.11. Article 42.025(b), Code of Criminal
32843278 Procedure, is amended to read as follows:
32853279 (b) A judge may, at a secondary school, receive a plea of
32863280 guilty or nolo contendere from a defendant charged with an offense
32873281 described by Subsection (a) and place the defendant on deferred
32883282 adjudication under Subchapter C, Chapter 42A [Section 5, Article
32893283 42.12], if:
32903284 (1) the judge makes the determination that the
32913285 proceeding would have educational value, as provided by Subsection
32923286 (a)(1);
32933287 (2) the defendant and the school agree to the location
32943288 of the proceeding, as provided by Subsections (a)(2) and (3); and
32953289 (3) appropriate measures are taken in regard to the
32963290 safety of students and the rights of the defendant, as described by
32973291 Subsection (a)(4).
32983292 SECTION 2.12. Section 2(b), Article 42.03, Code of Criminal
32993293 Procedure, is amended to read as follows:
33003294 (b) In all revocations of a suspension of the imposition of
33013295 a sentence the judge shall enter the restitution [or reparation]
33023296 due and owing on the date of the revocation.
33033297 SECTION 2.13. Articles 42.037(i) and (j), Code of Criminal
33043298 Procedure, are amended to read as follows:
33053299 (i) In addition to any other terms and conditions of
33063300 community supervision [probation] imposed under Chapter 42A
33073301 [Article 42.12], the court may require a defendant [probationer] to
33083302 reimburse the compensation to victims of crime fund created under
33093303 Subchapter B, Chapter 56, for any amounts paid from that fund to or
33103304 on behalf of a victim of the defendant's [probationer's] offense.
33113305 In this subsection, "victim" has the meaning assigned by Article
33123306 56.32.
33133307 (j) The court may order a community supervision and
33143308 corrections department to obtain information pertaining to the
33153309 factors listed in Subsection (c) [of this article]. The
33163310 supervision [probation] officer shall include the information in
33173311 the report required under Article 42A.252(a) [Section 9(a), Article
33183312 42.12, of this code] or a separate report, as the court directs.
33193313 The court shall permit the defendant and the prosecuting attorney
33203314 to read the report.
33213315 SECTION 2.14. Article 42.08(a), Code of Criminal Procedure,
33223316 is amended to read as follows:
33233317 (a) When the same defendant has been convicted in two or
33243318 more cases, judgment and sentence shall be pronounced in each case
33253319 in the same manner as if there had been but one conviction. Except
33263320 as provided by Subsections [Sections] (b) and (c) [of this
33273321 article], in the discretion of the court, the judgment in the second
33283322 and subsequent convictions may either be that the sentence imposed
33293323 or suspended shall begin when the judgment and the sentence imposed
33303324 or suspended in the preceding conviction has ceased to operate, or
33313325 that the sentence imposed or suspended shall run concurrently with
33323326 the other case or cases, and sentence and execution shall be
33333327 accordingly; provided, however, that the cumulative total of
33343328 suspended sentences in felony cases shall not exceed 10 years, and
33353329 the cumulative total of suspended sentences in misdemeanor cases
33363330 shall not exceed the maximum period of confinement in jail
33373331 applicable to the misdemeanor offenses, though in no event more
33383332 than three years, including extensions of periods of community
33393333 supervision under Article 42A.752(a)(2) [Section 22, Article
33403334 42.12, of this code], if none of the offenses are offenses under
33413335 Chapter 49, Penal Code, or four years, including extensions, if any
33423336 of the offenses are offenses under Chapter 49, Penal Code.
33433337 SECTION 2.15. Section 7, Article 42.09, Code of Criminal
33443338 Procedure, is amended to read as follows:
33453339 Sec. 7. If a defendant is sentenced to a term of
33463340 imprisonment in the Texas Department of Criminal Justice but is not
33473341 transferred to the department under Section 3 or 4, the court,
33483342 before the date on which it would lose jurisdiction under Article
33493343 42A.202(a) [Section 6(a), Article 42.12], shall send to the
33503344 department a document containing a statement of the date on which
33513345 the defendant's sentence was pronounced and credits earned by the
33523346 defendant under Article 42.03 as of the date of the statement.
33533347 SECTION 2.16. Section 8(a), Article 42.09, Code of Criminal
33543348 Procedure, is amended to read as follows:
33553349 (a) A county that transfers a defendant to the Texas
33563350 Department of Criminal Justice under this article shall deliver to
33573351 an officer designated by the department:
33583352 (1) a copy of the judgment entered pursuant to Article
33593353 42.01, completed on a standardized felony judgment form described
33603354 by Section 4 of that article;
33613355 (2) a copy of any order revoking community supervision
33623356 and imposing sentence pursuant to Article 42A.755 [Section 23,
33633357 Article 42.12], including:
33643358 (A) any amounts owed for restitution, fines, and
33653359 court costs, completed on a standardized felony judgment form
33663360 described by Section 4, Article 42.01; and
33673361 (B) a copy of the client supervision plan
33683362 prepared for the defendant by the community supervision and
33693363 corrections department supervising the defendant, if such a plan
33703364 was prepared;
33713365 (3) a written report that states the nature and the
33723366 seriousness of each offense and that states the citation to the
33733367 provision or provisions of the Penal Code or other law under which
33743368 the defendant was convicted;
33753369 (4) a copy of the victim impact statement, if one has
33763370 been prepared in the case under Article 56.03;
33773371 (5) a statement as to whether there was a change in
33783372 venue in the case and, if so, the names of the county prosecuting
33793373 the offense and the county in which the case was tried;
33803374 (6) if requested, information regarding the criminal
33813375 history of the defendant, including the defendant's state
33823376 identification number if the number has been issued;
33833377 (7) a copy of the indictment or information for each
33843378 offense;
33853379 (8) a checklist sent by the department to the county
33863380 and completed by the county in a manner indicating that the
33873381 documents required by this subsection and Subsection (c) accompany
33883382 the defendant;
33893383 (9) if prepared, a copy of a presentence or
33903384 postsentence [investigation] report prepared under Subchapter F,
33913385 Chapter 42A [Section 9, Article 42.12];
33923386 (10) a copy of any detainer, issued by an agency of the
33933387 federal government, that is in the possession of the county and that
33943388 has been placed on the defendant;
33953389 (11) if prepared, a copy of the defendant's Texas
33963390 Uniform Health Status Update Form; and
33973391 (12) a written description of a hold or warrant,
33983392 issued by any other jurisdiction, that the county is aware of and
33993393 that has been placed on or issued for the defendant.
34003394 SECTION 2.17. Article 42.14(b), Code of Criminal Procedure,
34013395 is amended to read as follows:
34023396 (b) In a felony case, the judgment and sentence may be
34033397 rendered in the absence of the defendant only if:
34043398 (1) the defendant is confined in a penal institution;
34053399 (2) the defendant is not charged with a felony
34063400 offense:
34073401 (A) that is listed in Article 42A.054(a) [Section
34083402 3g(a)(1), Article 42.12]; or
34093403 (B) for which it is alleged that:
34103404 (i) a deadly weapon was used or exhibited
34113405 during the commission of the offense or during immediate flight
34123406 from the commission of the offense; and
34133407 (ii) the defendant used or exhibited the
34143408 deadly weapon or was a party to the offense and knew that a deadly
34153409 weapon would be used or exhibited;
34163410 (3) the defendant in writing before the appropriate
34173411 court having jurisdiction in the county in which the penal
34183412 institution is located:
34193413 (A) waives the right to be present at the
34203414 rendering of the judgment and sentence or to have counsel present;
34213415 (B) affirms that the defendant does not have
34223416 anything to say as to why the sentence should not be pronounced and
34233417 that there is no reason to prevent the sentence under Article 42.07;
34243418 (C) states that the defendant has entered into a
34253419 written plea agreement with the attorney representing the state in
34263420 the prosecution of the case; and
34273421 (D) requests the court to pronounce sentence in
34283422 the case in accordance with the plea agreement;
34293423 (4) the defendant and the attorney representing the
34303424 state in the prosecution of the case have entered into a written
34313425 plea agreement that is made a part of the record in the case; and
34323426 (5) sentence is pronounced in accordance with the plea
34333427 agreement.
34343428 SECTION 2.18. Article 44.01(j), Code of Criminal Procedure,
34353429 is amended to read as follows:
34363430 (j) Nothing in this article is to interfere with the
34373431 defendant's right to appeal under the procedures of Article 44.02
34383432 [of this code]. The defendant's right to appeal under Article 44.02
34393433 may be prosecuted by the defendant where the punishment assessed is
34403434 in accordance with Subchapter C, Chapter 42A [Subsection (a),
34413435 Section 3d, Article 42.12 of this code], as well as any other
34423436 punishment assessed in compliance with Article 44.02 [of this
34433437 code].
34443438 SECTION 2.19. Article 44.04(b), Code of Criminal Procedure,
34453439 is amended to read as follows:
34463440 (b) The defendant may not be released on bail pending the
34473441 appeal from any felony conviction where the punishment equals or
34483442 exceeds 10 years confinement or where the defendant has been
34493443 convicted of an offense listed under Article 42A.054(a) [Section
34503444 3g(a)(1), Article 42.12], but shall immediately be placed in
34513445 custody and the bail discharged.
34523446 SECTION 2.20. Articles 46B.073(c) and (d), Code of Criminal
34533447 Procedure, as amended by S.B. No. 219, Acts of the 84th
34543448 Legislature, Regular Session, 2015, are amended to read as follows:
34553449 (c) If the defendant is charged with an offense listed in
34563450 Article 17.032(a), other than an offense listed in Article
34573451 17.032(a)(6), or the indictment alleges an affirmative finding
34583452 under Article 42A.054(c) or (d) [Section 3g(a)(2), Article 42.12],
34593453 the court shall enter an order committing the defendant to the
34603454 maximum security unit of any facility designated by the Department
34613455 of State Health Services, to an agency of the United States
34623456 operating a mental hospital, or to a Department of Veterans Affairs
34633457 hospital.
34643458 (d) If the defendant is not charged with an offense
34653459 described by Subsection (c) and the indictment does not allege an
34663460 affirmative finding under Article 42A.054(c) or (d) [Section
34673461 3g(a)(2), Article 42.12], the court shall enter an order committing
34683462 the defendant to a mental health facility or residential care
34693463 facility determined to be appropriate by the local mental health
34703464 authority or local intellectual and developmental disability
34713465 authority.
34723466 SECTION 2.21. Article 46B.104, Code of Criminal Procedure,
34733467 as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
34743468 Session, 2015, is amended to read as follows:
34753469 Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
34763470 VIOLENCE. A defendant committed to a facility as a result of
34773471 proceedings initiated under this chapter shall be committed to the
34783472 maximum security unit of any facility designated by the Department
34793473 of State Health Services if:
34803474 (1) the defendant is charged with an offense listed in
34813475 Article 17.032(a), other than an offense listed in Article
34823476 17.032(a)(6); or
34833477 (2) the indictment charging the offense alleges an
34843478 affirmative finding under Article 42A.054(c) or (d) [Section
34853479 3g(a)(2), Article 42.12].
34863480 SECTION 2.22. Article 48.01(b), Code of Criminal Procedure,
34873481 is amended to read as follows:
34883482 (b) The Board of Pardons and Paroles may recommend that the
34893483 Governor grant a pardon to a person who:
34903484 (1) is placed on deferred adjudication community
34913485 supervision under Subchapter C, Chapter 42A [Section 5, Article
34923486 42.12], and subsequently receives a discharge and dismissal under
34933487 Article 42A.111 [Section 5(c) of that article]; and
34943488 (2) on or after the 10th anniversary of the date of
34953489 discharge and dismissal, submits a written request to the board for
34963490 a recommendation under this subsection.
34973491 SECTION 2.23. Articles 55.01(a) and (a-1), Code of Criminal
34983492 Procedure, are amended to read as follows:
34993493 (a) A person who has been placed under a custodial or
35003494 noncustodial arrest for commission of either a felony or
35013495 misdemeanor is entitled to have all records and files relating to
35023496 the arrest expunged if:
35033497 (1) the person is tried for the offense for which the
35043498 person was arrested and is:
35053499 (A) acquitted by the trial court, except as
35063500 provided by Subsection (c); or
35073501 (B) convicted and subsequently:
35083502 (i) pardoned for a reason other than that
35093503 described by Subparagraph (ii); or
35103504 (ii) pardoned or otherwise granted relief
35113505 on the basis of actual innocence with respect to that offense, if
35123506 the applicable pardon or court order clearly indicates on its face
35133507 that the pardon or order was granted or rendered on the basis of the
35143508 person's actual innocence; or
35153509 (2) the person has been released and the charge, if
35163510 any, has not resulted in a final conviction and is no longer pending
35173511 and there was no court-ordered community supervision under Chapter
35183512 42A [Article 42.12] for the offense, unless the offense is a Class C
35193513 misdemeanor, provided that:
35203514 (A) regardless of whether any statute of
35213515 limitations exists for the offense and whether any limitations
35223516 period for the offense has expired, an indictment or information
35233517 charging the person with the commission of a misdemeanor offense
35243518 based on the person's arrest or charging the person with the
35253519 commission of any felony offense arising out of the same
35263520 transaction for which the person was arrested:
35273521 (i) has not been presented against the
35283522 person at any time following the arrest, and:
35293523 (a) at least 180 days have elapsed
35303524 from the date of arrest if the arrest for which the expunction was
35313525 sought was for an offense punishable as a Class C misdemeanor and if
35323526 there was no felony charge arising out of the same transaction for
35333527 which the person was arrested;
35343528 (b) at least one year has elapsed from
35353529 the date of arrest if the arrest for which the expunction was sought
35363530 was for an offense punishable as a Class B or A misdemeanor and if
35373531 there was no felony charge arising out of the same transaction for
35383532 which the person was arrested;
35393533 (c) at least three years have elapsed
35403534 from the date of arrest if the arrest for which the expunction was
35413535 sought was for an offense punishable as a felony or if there was a
35423536 felony charge arising out of the same transaction for which the
35433537 person was arrested; or
35443538 (d) the attorney representing the
35453539 state certifies that the applicable arrest records and files are
35463540 not needed for use in any criminal investigation or prosecution,
35473541 including an investigation or prosecution of another person; or
35483542 (ii) if presented at any time following the
35493543 arrest, was dismissed or quashed, and the court finds that the
35503544 indictment or information was dismissed or quashed because the
35513545 person completed a pretrial intervention program authorized under
35523546 Section 76.011, Government Code, because the presentment had been
35533547 made because of mistake, false information, or other similar reason
35543548 indicating absence of probable cause at the time of the dismissal to
35553549 believe the person committed the offense, or because the indictment
35563550 or information was void; or
35573551 (B) prosecution of the person for the offense for
35583552 which the person was arrested is no longer possible because the
35593553 limitations period has expired.
35603554 (a-1) Notwithstanding any other provision of this article,
35613555 a person may not expunge records and files relating to an arrest
35623556 that occurs pursuant to a warrant issued under Article 42A.751(b)
35633557 [Section 21, Article 42.12].
35643558 SECTION 2.24. Article 60.052(c), Code of Criminal
35653559 Procedure, is amended to read as follows:
35663560 (c) Information in the corrections tracking system relating
35673561 to the handling of offenders must include the following information
35683562 about each imprisonment, confinement, or execution of an offender:
35693563 (1) the date of the imprisonment or confinement;
35703564 (2) if the offender was sentenced to death:
35713565 (A) the date of execution; and
35723566 (B) if the death sentence was commuted, the
35733567 sentence to which the sentence of death was commuted and the date of
35743568 commutation;
35753569 (3) the date the offender was released from
35763570 imprisonment or confinement and whether the release was a discharge
35773571 or a release on parole or mandatory supervision;
35783572 (4) if the offender is released on parole or mandatory
35793573 supervision:
35803574 (A) the offense for which the offender was
35813575 convicted by offense code and incident number;
35823576 (B) the date the offender was received by an
35833577 office of the parole division;
35843578 (C) the county in which the offender resides
35853579 while under supervision;
35863580 (D) any program in which an offender is placed or
35873581 has previously been placed and the level of supervision the
35883582 offender is placed on while under the jurisdiction of the parole
35893583 division;
35903584 (E) the date a program described by Paragraph (D)
35913585 begins, the date the program ends, and whether the program was
35923586 completed successfully;
35933587 (F) the date a level of supervision described by
35943588 Paragraph (D) begins and the date the level of supervision ends;
35953589 (G) if the offender's release status is revoked,
35963590 the reason for the revocation and the date of revocation;
35973591 (H) the expiration date of the sentence; and
35983592 (I) the date of the offender's release from the
35993593 parole division or the date on which the offender is granted
36003594 clemency; and
36013595 (5) if the offender is released under Article
36023596 42A.202(b) [Section 6(a), Article 42.12], the date of the
36033597 offender's release.
36043598 SECTION 2.25. Article 60.08(e), Code of Criminal Procedure,
36053599 is amended to read as follows:
36063600 (e) A court that orders the release of an offender under
36073601 Article 42A.202(b) [Section 6(a), Article 42.12,] at a time when
36083602 the offender is under a bench warrant and not physically imprisoned
36093603 in the Texas Department of Criminal Justice shall report the
36103604 release to the department not later than the seventh day after the
36113605 date of the release.
36123606 SECTION 2.26. Article 62.063(b), Code of Criminal
36133607 Procedure, is amended to read as follows:
36143608 (b) A person subject to registration under this chapter
36153609 because of a reportable conviction or adjudication for which an
36163610 affirmative finding is entered under Article 42.015(b) or
36173611 42A.105(a) [Section 5(e)(2), Article 42.12], as appropriate, may
36183612 not, for compensation:
36193613 (1) operate or offer to operate a bus;
36203614 (2) provide or offer to provide a passenger taxicab or
36213615 limousine transportation service;
36223616 (3) provide or offer to provide any type of service in
36233617 the residence of another person unless the provision of service
36243618 will be supervised; or
36253619 (4) operate or offer to operate any amusement ride.
36263620 SECTION 2.27. Articles 62.301(b) and (c), Code of Criminal
36273621 Procedure, are amended to read as follows:
36283622 (b) A person is eligible to petition the court as described
36293623 by Subsection (a) if:
36303624 (1) the person is required to register only as a result
36313625 of a single reportable conviction or adjudication, other than an
36323626 adjudication of delinquent conduct; and
36333627 (2) the court has entered in the appropriate judgment
36343628 or has filed with the appropriate papers a statement of an
36353629 affirmative finding described by Article 42.017 or 42A.105(c)
36363630 [Section 5(g), Article 42.12].
36373631 (c) A defendant who before September 1, 2011, is convicted
36383632 of or placed on deferred adjudication community supervision for an
36393633 offense under Section 21.11 or 22.011, Penal Code, is eligible to
36403634 petition the court as described by Subsection (a). The court may
36413635 consider the petition only if the petition states and the court
36423636 finds that the defendant would have been entitled to the entry of an
36433637 affirmative finding under Article 42.017 or 42A.105(c) [Section
36443638 5(g), Article 42.12], as appropriate, had the conviction or
36453639 placement on deferred adjudication community supervision occurred
36463640 after September 1, 2011.
36473641 SECTION 2.28. Article 102.018(b), Code of Criminal
36483642 Procedure, is amended to read as follows:
36493643 (b) Except as provided by Subsection (d) [of this article],
36503644 on conviction of an offense relating to the driving or operating of
36513645 a motor vehicle punishable under Section 49.04(b), Penal Code, the
36523646 court shall impose as a cost of court on the defendant an amount
36533647 that is equal to the cost of an evaluation of the defendant
36543648 performed under Article 42A.402(a) [Section 13(a), Article 42.12,
36553649 of this code]. Costs imposed under this subsection are in addition
36563650 to other court costs and are due whether or not the defendant is
36573651 granted community supervision [probation] in the case, except that
36583652 if the court determines that the defendant is indigent and unable to
36593653 pay the cost, the court may waive the imposition of the cost.
36603654 SECTION 2.29. Article 102.020(a), Code of Criminal
36613655 Procedure, is amended to read as follows:
36623656 (a) A person shall pay as a cost of court:
36633657 (1) $250 on conviction of an offense listed in Section
36643658 411.1471(a)(1), Government Code;
36653659 (2) $50 on conviction of an offense listed in Section
36663660 411.1471(a)(3) of that code; or
36673661 (3) $34 on placement of the person on community
36683662 supervision, including deferred adjudication community
36693663 supervision, if the person is required to submit a DNA sample under
36703664 Article 42A.352 [Section 11(j), Article 42.12].
36713665 SECTION 2.30. Section 37.152(f), Education Code, is amended
36723666 to read as follows:
36733667 (f) Except if an offense causes the death of a student, in
36743668 sentencing a person convicted of an offense under this section, the
36753669 court may require the person to perform community service, subject
36763670 to the same conditions imposed on a person placed on community
36773671 supervision under Chapter 42A [Section 11, Article 42.12], Code of
36783672 Criminal Procedure, for an appropriate period of time in lieu of
36793673 confinement in county jail or in lieu of a part of the time the
36803674 person is sentenced to confinement in county jail.
36813675 SECTION 2.31. Section 53.045(a), Family Code, is amended to
36823676 read as follows:
36833677 (a) Except as provided by Subsection (e), the prosecuting
36843678 attorney may refer the petition to the grand jury of the county in
36853679 which the court in which the petition is filed presides if the
36863680 petition alleges that the child engaged in delinquent conduct that
36873681 constitutes habitual felony conduct as described by Section 51.031
36883682 or that included the violation of any of the following provisions:
36893683 (1) Section 19.02, Penal Code (murder);
36903684 (2) Section 19.03, Penal Code (capital murder);
36913685 (3) Section 19.04, Penal Code (manslaughter);
36923686 (4) Section 20.04, Penal Code (aggravated
36933687 kidnapping);
36943688 (5) Section 22.011, Penal Code (sexual assault) or
36953689 Section 22.021, Penal Code (aggravated sexual assault);
36963690 (6) Section 22.02, Penal Code (aggravated assault);
36973691 (7) Section 29.03, Penal Code (aggravated robbery);
36983692 (8) Section 22.04, Penal Code (injury to a child,
36993693 elderly individual, or disabled individual), if the offense is
37003694 punishable as a felony, other than a state jail felony;
37013695 (9) Section 22.05(b), Penal Code (felony deadly
37023696 conduct involving discharging a firearm);
37033697 (10) Subchapter D, Chapter 481, Health and Safety
37043698 Code, if the conduct constitutes a felony of the first degree or an
37053699 aggravated controlled substance felony (certain offenses involving
37063700 controlled substances);
37073701 (11) Section 15.03, Penal Code (criminal
37083702 solicitation);
37093703 (12) Section 21.11(a)(1), Penal Code (indecency with a
37103704 child);
37113705 (13) Section 15.031, Penal Code (criminal
37123706 solicitation of a minor);
37133707 (14) Section 15.01, Penal Code (criminal attempt), if
37143708 the offense attempted was an offense under Section 19.02, Penal
37153709 Code (murder), or Section 19.03, Penal Code (capital murder), or an
37163710 offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
37173711 42.12], Code of Criminal Procedure;
37183712 (15) Section 28.02, Penal Code (arson), if bodily
37193713 injury or death is suffered by any person by reason of the
37203714 commission of the conduct;
37213715 (16) Section 49.08, Penal Code (intoxication
37223716 manslaughter); or
37233717 (17) Section 15.02, Penal Code (criminal conspiracy),
37243718 if the offense made the subject of the criminal conspiracy includes
37253719 a violation of any of the provisions referenced in Subdivisions (1)
37263720 through (16).
37273721 SECTION 2.32. Section 54.0409(a), Family Code, is amended
37283722 to read as follows:
37293723 (a) This section applies only to conduct constituting the
37303724 commission of a felony:
37313725 (1) that is listed in Article 42A.054(a) [Section
37323726 3g(a)(1), Article 42.12], Code of Criminal Procedure; or
37333727 (2) for which it is shown that a deadly weapon, as
37343728 defined by Section 1.07, Penal Code, was used or exhibited during
37353729 the commission of the conduct or during immediate flight from the
37363730 commission of the conduct.
37373731 SECTION 2.33. Sections 54.051(e), (e-1), (e-2), and (e-3),
37383732 Family Code, are amended to read as follows:
37393733 (e) A district court that exercises jurisdiction over a
37403734 person transferred under Subsection (d) shall place the person on
37413735 community supervision under Chapter 42A [Article 42.12], Code of
37423736 Criminal Procedure, for the remainder of the person's probationary
37433737 period and under conditions consistent with those ordered by the
37443738 juvenile court.
37453739 (e-1) The restrictions on a judge placing a defendant on
37463740 community supervision imposed by Article 42A.054 [Section 3g,
37473741 Article 42.12], Code of Criminal Procedure, do not apply to a case
37483742 transferred from the juvenile court. The minimum period of
37493743 community supervision imposed by Article 42A.053(d) [Section 3(b),
37503744 Article 42.12], Code of Criminal Procedure, does not apply to a case
37513745 transferred from the juvenile court.
37523746 (e-2) If a person who is placed on community supervision
37533747 under this section violates a condition of that supervision or if
37543748 the person violated a condition of probation ordered under Section
37553749 54.04(q) and that probation violation was not discovered by the
37563750 state before the person's 19th birthday, the district court shall
37573751 dispose of the violation of community supervision or probation, as
37583752 appropriate, in the same manner as if the court had originally
37593753 exercised jurisdiction over the case. If the judge revokes
37603754 community supervision, the judge may reduce the prison sentence to
37613755 any length without regard to the minimum term imposed by Article
37623756 42A.755(a) [Section 23(a), Article 42.12], Code of Criminal
37633757 Procedure.
37643758 (e-3) The time that a person serves on probation ordered
37653759 under Section 54.04(q) is the same as time served on community
37663760 supervision ordered under this section for purposes of determining
37673761 the person's eligibility for early discharge from community
37683762 supervision under Article 42A.701 [Section 20, Article 42.12], Code
37693763 of Criminal Procedure.
37703764 SECTION 2.34. Section 55.45(c), Family Code, is amended to
37713765 read as follows:
37723766 (c) If the referred child, as described in Subsection (b),
37733767 is alleged to have committed an offense listed in Article 42A.054
37743768 [Section 3g, Article 42.12], Code of Criminal Procedure, the
37753769 administrator of the residential care facility shall apply, in
37763770 writing, by certified mail, return receipt requested, to the
37773771 juvenile court that ordered commitment of the child or that
37783772 referred the case to a court that ordered commitment of the child
37793773 and show good cause for any release of the child from the facility
37803774 for more than 48 hours. Notice of this request must be provided to
37813775 the prosecuting attorney responsible for the case. The prosecuting
37823776 attorney, the juvenile, or the administrator may apply for a
37833777 hearing on this application. If no one applies for a hearing, the
37843778 trial court shall resolve the application on the written
37853779 submission. The rules of evidence do not apply to this hearing. An
37863780 appeal of the trial court's ruling on the application is not
37873781 allowed. The release of a child described in this subsection
37883782 without the express approval of the trial court is punishable by
37893783 contempt.
37903784 SECTION 2.35. Section 76.001(2), Government Code, is
37913785 amended to read as follows:
37923786 (2) "Community supervision" has the meaning assigned
37933787 by Article 42A.001 [Section 2, Article 42.12], Code of Criminal
37943788 Procedure.
37953789 SECTION 2.36. Section 76.015(c), Government Code, is
37963790 amended to read as follows:
37973791 (c) A department may assess a reasonable administrative fee
37983792 of not less than $25 and not more than $60 per month on an individual
37993793 who participates in a program operated by the department or
38003794 receives services from the department and who is not paying a
38013795 monthly fee under Article 42A.652 [Section 19, Article 42.12], Code
38023796 of Criminal Procedure.
38033797 SECTION 2.37. Section 103.021, Government Code, is amended
38043798 to read as follows:
38053799 Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
38063800 CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
38073801 or a party to a civil suit, as applicable, shall pay the following
38083802 fees and costs under the Code of Criminal Procedure if ordered by
38093803 the court or otherwise required:
38103804 (1) a personal bond fee (Art. 17.42, Code of Criminal
38113805 Procedure) . . . the greater of $20 or three percent of the amount
38123806 of the bail fixed for the accused;
38133807 (2) cost of electronic monitoring as a condition of
38143808 release on personal bond (Art. 17.43, Code of Criminal Procedure)
38153809 . . . actual cost;
38163810 (3) a fee for verification of and monitoring of motor
38173811 vehicle ignition interlock (Art. 17.441, Code of Criminal
38183812 Procedure) . . . not to exceed $10;
38193813 (3-a) costs associated with operating a global
38203814 positioning monitoring system as a condition of release on bond
38213815 (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
38223816 subject to a determination of indigency;
38233817 (3-b) costs associated with providing a defendant's
38243818 victim with an electronic receptor device as a condition of the
38253819 defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
38263820 Procedure) . . . actual costs, subject to a determination of
38273821 indigency;
38283822 (4) repayment of reward paid by a crime stoppers
38293823 organization on conviction of a felony (Art. 37.073, Code of
38303824 Criminal Procedure) . . . amount ordered;
38313825 (5) reimbursement to general revenue fund for payments
38323826 made to victim of an offense as condition of community supervision
38333827 (Chapter 42A [Art. 42.12], Code of Criminal Procedure) . . . not to
38343828 exceed $50 for a misdemeanor offense or $100 for a felony offense;
38353829 (6) payment to a crime stoppers organization as
38363830 condition of community supervision (Chapter 42A [Art. 42.12], Code
38373831 of Criminal Procedure) . . . not to exceed $50;
38383832 (7) children's advocacy center fee (Chapter 42A [Art.
38393833 42.12], Code of Criminal Procedure) . . . not to exceed $50;
38403834 (8) family violence center fee (Chapter 42A [Art.
38413835 42.12], Code of Criminal Procedure) . . . $100;
38423836 (9) community supervision fee (Chapter 42A [Art.
38433837 42.12], Code of Criminal Procedure) . . . not less than $25 or more
38443838 than $60 per month;
38453839 (10) additional community supervision fee for certain
38463840 offenses (Chapter 42A [Art. 42.12], Code of Criminal Procedure)
38473841 . . . $5 per month;
38483842 (11) for certain financially able sex offenders as a
38493843 condition of community supervision, the costs of treatment,
38503844 specialized supervision, or rehabilitation (Chapter 42A [Art.
38513845 42.12], Code of Criminal Procedure) . . . all or part of the
38523846 reasonable and necessary costs of the treatment, supervision, or
38533847 rehabilitation as determined by the judge;
38543848 (12) fee for failure to appear for trial in a justice
38553849 or municipal court if a jury trial is not waived (Art. 45.026, Code
38563850 of Criminal Procedure) . . . costs incurred for impaneling the
38573851 jury;
38583852 (13) costs of certain testing, assessments, or
38593853 programs during a deferral period (Art. 45.051, Code of Criminal
38603854 Procedure) . . . amount ordered;
38613855 (14) special expense on dismissal of certain
38623856 misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
38633857 . . . not to exceed amount of fine assessed;
38643858 (15) an additional fee:
38653859 (A) for a copy of the defendant's driving record
38663860 to be requested from the Department of Public Safety by the judge
38673861 (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
38683862 to the sum of the fee established by Section 521.048,
38693863 Transportation Code, and the state electronic Internet portal fee;
38703864 (B) as an administrative fee for requesting a
38713865 driving safety course or a course under the motorcycle operator
38723866 training and safety program for certain traffic offenses to cover
38733867 the cost of administering the article (Art. 45.0511(f)(1), Code of
38743868 Criminal Procedure) . . . not to exceed $10; or
38753869 (C) for requesting a driving safety course or a
38763870 course under the motorcycle operator training and safety program
38773871 before the final disposition of the case (Art. 45.0511(f)(2), Code
38783872 of Criminal Procedure) . . . not to exceed the maximum amount of the
38793873 fine for the offense committed by the defendant;
38803874 (16) a request fee for teen court program (Art.
38813875 45.052, Code of Criminal Procedure) . . . $20, if the court
38823876 ordering the fee is located in the Texas-Louisiana border region,
38833877 but otherwise not to exceed $10;
38843878 (17) a fee to cover costs of required duties of teen
38853879 court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
38863880 court ordering the fee is located in the Texas-Louisiana border
38873881 region, but otherwise $10;
38883882 (18) a mileage fee for officer performing certain
38893883 services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
38903884 mile;
38913885 (19) certified mailing of notice of hearing date (Art.
38923886 102.006, Code of Criminal Procedure) . . . $1, plus postage;
38933887 (20) certified mailing of certified copies of an order
38943888 of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
38953889 plus postage;
38963890 (20-a) a fee to defray the cost of notifying state
38973891 agencies of orders of expungement (Art. 45.0216, Code of Criminal
38983892 Procedure) . . . $30 per application;
38993893 (20-b) a fee to defray the cost of notifying state
39003894 agencies of orders of expunction (Art. 45.055, Code of Criminal
39013895 Procedure) . . . $30 per application;
39023896 (21) sight orders:
39033897 (A) if the face amount of the check or sight order
39043898 does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
39053899 . . . not to exceed $10;
39063900 (B) if the face amount of the check or sight order
39073901 is greater than $10 but does not exceed $100 (Art. 102.007, Code of
39083902 Criminal Procedure) . . . not to exceed $15;
39093903 (C) if the face amount of the check or sight order
39103904 is greater than $100 but does not exceed $300 (Art. 102.007, Code of
39113905 Criminal Procedure) . . . not to exceed $30;
39123906 (D) if the face amount of the check or sight order
39133907 is greater than $300 but does not exceed $500 (Art. 102.007, Code of
39143908 Criminal Procedure) . . . not to exceed $50; and
39153909 (E) if the face amount of the check or sight order
39163910 is greater than $500 (Art. 102.007, Code of Criminal Procedure)
39173911 . . . not to exceed $75;
39183912 (22) fees for a pretrial intervention program:
39193913 (A) a supervision fee (Art. 102.012(a), Code of
39203914 Criminal Procedure) . . . $60 a month plus expenses; and
39213915 (B) a district attorney, criminal district
39223916 attorney, or county attorney administrative fee (Art. 102.0121,
39233917 Code of Criminal Procedure) . . . not to exceed $500;
39243918 (23) parking fee violations for child safety fund in
39253919 municipalities with populations:
39263920 (A) greater than 850,000 (Art. 102.014, Code of
39273921 Criminal Procedure) . . . not less than $2 and not to exceed $5; and
39283922 (B) less than 850,000 (Art. 102.014, Code of
39293923 Criminal Procedure) . . . not to exceed $5;
39303924 (24) an administrative fee for collection of fines,
39313925 fees, restitution, or other costs (Art. 102.072, Code of Criminal
39323926 Procedure) . . . not to exceed $2 for each transaction; and
39333927 (25) a collection fee, if authorized by the
39343928 commissioners court of a county or the governing body of a
39353929 municipality, for certain debts and accounts receivable, including
39363930 unpaid fines, fees, court costs, forfeited bonds, and restitution
39373931 ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
39383932 percent of an amount more than 60 days past due.
39393933 SECTION 2.38. Section 123.001(b), Government Code, is
39403934 amended to read as follows:
39413935 (b) If a defendant successfully completes a drug court
39423936 program, regardless of whether the defendant was convicted of the
39433937 offense for which the defendant entered the program or whether the
39443938 court deferred further proceedings without entering an
39453939 adjudication of guilt, after notice to the state and a hearing on
39463940 whether the defendant is otherwise entitled to the petition and
39473941 whether issuance of the order is in the best interest of justice,
39483942 the court shall enter an order of nondisclosure under Section
39493943 411.081 as if the defendant had received a discharge and dismissal
39503944 under Article 42A.111 [Section 5(c), Article 42.12], Code of
39513945 Criminal Procedure, with respect to all records and files related
39523946 to the defendant's arrest for the offense for which the defendant
39533947 entered the program if the defendant:
39543948 (1) has not been previously convicted of an offense
39553949 listed in Article 42A.054 [Section 3g, Article 42.12], Code of
39563950 Criminal Procedure, or a sexually violent offense, as defined by
39573951 Article 62.001, Code of Criminal Procedure; and
39583952 (2) is not convicted for any felony offense between
39593953 the date on which the defendant successfully completed the program
39603954 and the second anniversary of that date.
39613955 SECTION 2.39. Section 123.008(a), Government Code, is
39623956 amended to read as follows:
39633957 (a) Notwithstanding Article 42A.304 [Sections 13 and 16,
39643958 Article 42.12], Code of Criminal Procedure, to encourage
39653959 participation in a drug court program established under this
39663960 chapter, the judge or magistrate administering the program may
39673961 suspend any requirement that, as a condition of community
39683962 supervision, a participant in the program work a specified number
39693963 of hours at a community service project or projects.
39703964 SECTION 2.40. Sections 411.081(d) and (e), Government Code,
39713965 are amended to read as follows:
39723966 (d) Notwithstanding any other provision of this subchapter,
39733967 if a person is placed on deferred adjudication community
39743968 supervision under Subchapter C, Chapter 42A [Section 5, Article
39753969 42.12], Code of Criminal Procedure, subsequently receives a
39763970 discharge and dismissal under Article 42A.111 [Section 5(c),
39773971 Article 42.12], and satisfies the requirements of Subsection (e),
39783972 the person may petition the court that placed the defendant on
39793973 deferred adjudication for an order of nondisclosure under this
39803974 subsection. Except as provided by Subsection (e), a person may
39813975 petition the court for an order of nondisclosure regardless of
39823976 whether the person has been previously placed on deferred
39833977 adjudication community supervision for another offense. After
39843978 notice to the state, an opportunity for a hearing, and a
39853979 determination that the person is entitled to file the petition and
39863980 issuance of the order is in the best interest of justice, the court
39873981 shall issue an order prohibiting criminal justice agencies from
39883982 disclosing to the public criminal history record information
39893983 related to the offense giving rise to the deferred adjudication. A
39903984 criminal justice agency may disclose criminal history record
39913985 information that is the subject of the order only to other criminal
39923986 justice agencies[,] for criminal justice or regulatory licensing
39933987 purposes, an agency or entity listed in Subsection (i), or the
39943988 person who is the subject of the order. A person may petition the
39953989 court that placed the person on deferred adjudication for an order
39963990 of nondisclosure only on or after:
39973991 (1) the discharge and dismissal, if the offense for
39983992 which the person was placed on deferred adjudication was a
39993993 misdemeanor other than a misdemeanor described by Subdivision (2);
40003994 (2) the second anniversary of the discharge and
40013995 dismissal, if the offense for which the person was placed on
40023996 deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
40033997 25, 42, or 46, Penal Code; or
40043998 (3) the fifth anniversary of the discharge and
40053999 dismissal, if the offense for which the person was placed on
40064000 deferred adjudication was a felony.
40074001 (e) A person is entitled to petition the court under
40084002 Subsection (d) only if during the period of the deferred
40094003 adjudication community supervision for which the order of
40104004 nondisclosure is requested and during the applicable period
40114005 described by Subsection (d)(1), (2), or (3), as appropriate, the
40124006 person is not convicted of or placed on deferred adjudication
40134007 community supervision under Subchapter C, Chapter 42A [Section 5,
40144008 Article 42.12], Code of Criminal Procedure, for any offense other
40154009 than an offense under the Transportation Code punishable by fine
40164010 only. A person is not entitled to petition the court under
40174011 Subsection (d) if the person was placed on the deferred
40184012 adjudication community supervision for or has been previously
40194013 convicted or placed on any other deferred adjudication for:
40204014 (1) an offense requiring registration as a sex
40214015 offender under Chapter 62, Code of Criminal Procedure;
40224016 (2) an offense under Section 20.04, Penal Code,
40234017 regardless of whether the offense is a reportable conviction or
40244018 adjudication for purposes of Chapter 62, Code of Criminal
40254019 Procedure;
40264020 (3) an offense under Section 19.02, 19.03, 22.04,
40274021 22.041, 25.07, 25.072, or 42.072, Penal Code; or
40284022 (4) any other offense involving family violence, as
40294023 defined by Section 71.004, Family Code.
40304024 SECTION 2.41. Section 411.145(c), Government Code, is
40314025 amended to read as follows:
40324026 (c) A fee collected under this section shall be deposited in
40334027 the state treasury to the credit of the state highway fund, and
40344028 money deposited to the state highway fund under this section and
40354029 under Chapter 42A [Articles 42.12] and Article 102.020(h), Code of
40364030 Criminal Procedure, may be used only to defray the cost of
40374031 administering this subchapter and Section 411.0205.
40384032 SECTION 2.42. Section 414.010(a), Government Code, is
40394033 amended to read as follows:
40404034 (a) Except as provided by Subsection (d), a crime stoppers
40414035 organization certified by the council to receive money in the form
40424036 of payments from defendants placed on community supervision under
40434037 Chapter 42A [Article 42.12], Code of Criminal Procedure, or money
40444038 in the form of repayments of rewards under Articles 37.073 and
40454039 42.152, Code of Criminal Procedure, may use not more than 20 percent
40464040 of the money annually received to pay costs incurred in
40474041 administering the organization and shall use the remainder of the
40484042 money, including any interest earned on the money, only to reward
40494043 persons who report information concerning criminal activity. Not
40504044 later than January 31 of each year, a crime stoppers organization
40514045 that receives or expends money under this section shall file a
40524046 detailed report with the council.
40534047 SECTION 2.43. Sections 414.011(a) and (b), Government Code,
40544048 are amended to read as follows:
40554049 (a) The council shall, on application by a crime stoppers
40564050 organization, determine whether the organization is qualified to
40574051 receive repayments of rewards under Articles 37.073 and 42.152,
40584052 Code of Criminal Procedure, or payments from a defendant under
40594053 Chapter 42A [Article 42.12], Code of Criminal Procedure. The
40604054 council shall certify a crime stoppers organization to receive
40614055 those repayments or payments if, considering the organization,
40624056 continuity, leadership, community support, and general conduct of
40634057 the crime stoppers organization, the council determines that the
40644058 repayments or payments will be spent to further the crime
40654059 prevention purposes of the organization.
40664060 (b) Each crime stoppers organization certified by the
40674061 council to receive repayments under Articles 37.073 and 42.152,
40684062 Code of Criminal Procedure, or payments from a defendant under
40694063 Chapter 42A [Article 42.12], Code of Criminal Procedure, is subject
40704064 to a review or audit, including financial and programmatic reviews
40714065 or audits, of finances or programs at the direction of the criminal
40724066 justice division of the governor's office or its designee. A copy
40734067 of the review or audit report shall be submitted to the criminal
40744068 justice division.
40754069 SECTION 2.44. Section 420.008(b), Government Code, is
40764070 amended to read as follows:
40774071 (b) The fund consists of fees collected under:
40784072 (1) Article 42A.653(a) [Section 19(e), Article
40794073 42.12], Code of Criminal Procedure;
40804074 (2) Section 508.189, Government Code; and
40814075 (3) Subchapter B, Chapter 102, Business & Commerce
40824076 Code, and deposited under Section 102.054.
40834077 SECTION 2.45. Sections 420.014(a) and (e), Government Code,
40844078 are amended to read as follows:
40854079 (a) If the attorney general reasonably believes that a court
40864080 or a community supervision office has not properly assessed or made
40874081 a reasonable effort to collect costs due under Chapter 42A [Article
40884082 42.12 or 42.18], Code of Criminal Procedure, or Chapter 508,
40894083 Government Code, the attorney general shall send a warning letter
40904084 to the court or the governing body of the governmental unit in which
40914085 the court is located.
40924086 (e) If the attorney general finds from available evidence
40934087 that a court or a community supervision office has not properly
40944088 assessed or made a reasonable effort to collect costs due under
40954089 Chapter 42A [Article 42.12 or 42.18], Code of Criminal Procedure,
40964090 or Chapter 508, Government Code, the attorney general may:
40974091 (1) refuse to award grants under this subchapter to
40984092 residents of the jurisdiction served by the court or community
40994093 supervision office; or
41004094 (2) in the case of a court, notify the State Commission
41014095 on Judicial Conduct of the findings.
41024096 SECTION 2.46. Sections 493.009(a), (a-1), (b), (c), (d),
41034097 (e), (g), (h), (k), and (q), Government Code, are amended to read as
41044098 follows:
41054099 (a) The department shall establish a program to confine and
41064100 treat:
41074101 (1) defendants required to participate in the program
41084102 under Article 42A.303 [Section 14, Article 42.12], Code of Criminal
41094103 Procedure; and
41104104 (2) individuals referred for treatment as part of a
41114105 drug court program established under Chapter 123 or a similar
41124106 program created under other law.
41134107 (a-1) The board by rule may modify requirements imposed by
41144108 this section and Chapter 42A [Article 42.12], Code of Criminal
41154109 Procedure, as necessary to properly treat individuals who are not
41164110 participating in the program as a condition of community
41174111 supervision.
41184112 (b) The board shall adopt criteria to determine the
41194113 suitability of candidates for participation in the program. The
41204114 department and the Department of State Health Services [Texas
41214115 Commission on Alcohol and Drug Abuse] shall jointly develop methods
41224116 of screening and assessing defendants required to participate in
41234117 the program under Article 42A.303 [Section 14, Article 42.12], Code
41244118 of Criminal Procedure, to determine their need for specific types
41254119 of treatment for alcohol or drug abuse problems.
41264120 (c) The program for persons required to participate in the
41274121 program under Article 42A.303 [Section 14, Article 42.12], Code of
41284122 Criminal Procedure, must consist of treatment programs that may
41294123 vary in time from 90 days to 12 months.
41304124 (d) The program for persons required to participate in the
41314125 program under Article 42A.303 [Section 14, Article 42.12], Code of
41324126 Criminal Procedure, provided under this section must contain highly
41334127 structured work, education, and treatment schedules, a clearly
41344128 delineated authority structure, and well-defined goals and
41354129 guidelines. The department shall establish a graded system of
41364130 rewards and sanctions for defendants who participate in the
41374131 program, but a defendant required to participate in the program
41384132 under Article 42A.303 [Section 14, Article 42.12], Code of Criminal
41394133 Procedure, is not entitled to earn awards of time for good conduct.
41404134 A qualified professional, at least every 60 days, must perform an
41414135 evaluation on a defendant that determines the defendant's treatment
41424136 progress and institutional behavior. Not later than three days
41434137 after the date on which a four-month evaluation is performed, the
41444138 qualified professional shall establish a tentative release date for
41454139 the defendant, notify the sentencing court of that fact, and
41464140 include with the notice a copy of the four-month evaluation. The
41474141 qualified professional immediately shall notify the court if the
41484142 professional determines the defendant's conduct requires a
41494143 revision of the tentative release date.
41504144 (e) The department shall employ or contract with qualified
41514145 professionals to implement the program for persons required to
41524146 participate in the program under Article 42A.303 [Section 14,
41534147 Article 42.12], Code of Criminal Procedure. For purposes of this
41544148 subsection, a "qualified professional" is a person who:
41554149 (1) is a licensed chemical dependency counselor;
41564150 (2) is a licensed social worker who has at least two
41574151 years of experience in chemical dependency counseling; or
41584152 (3) is a licensed professional counselor, physician,
41594153 or psychologist and who has at least two years of experience in
41604154 chemical dependency counseling.
41614155 (g) The department shall provide beds for the purpose of
41624156 operating the program for persons required to participate in the
41634157 program under Article 42A.303 [Section 14, Article 42.12], Code of
41644158 Criminal Procedure, [as amended by Chapter 900, Acts of the 73rd
41654159 Legislature, Regular Session, 1993,] except that the beds may also
41664160 be used to house the following categories of persons:
41674161 (1) persons transferred under Subchapter A, Chapter
41684162 499, and Section 508.118;
41694163 (2) persons whose community supervision or parole has
41704164 been modified;
41714165 (3) defendants confined in county jails awaiting
41724166 transfer to the institutional division; and
41734167 (4) inmates participating in the program described by
41744168 Section 501.0931.
41754169 (h) On and after the date persons are required under Article
41764170 42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, to
41774171 participate in the program established under this section, the
41784172 department shall give priority to housing those persons over the
41794173 categories of persons described by Subsections (g)(1)-(4).
41804174 (k) It is the intent of the legislature that facilities
41814175 established under this section be used primarily to house persons
41824176 required to participate in the program under Article 42A.303
41834177 [Section 14, Article 42.12], Code of Criminal Procedure, except
41844178 that if treatment beds are empty, this subsection does not prohibit
41854179 the department from using those empty beds to treat the categories
41864180 of persons listed in Subsection (g).
41874181 (q) The department not less often than every two years shall
41884182 determine whether the department should increase the number of beds
41894183 provided by the department for the operation of the program for
41904184 persons required to participate in the program under Article
41914185 42A.303 [Section 14, Article 42.12], Code of Criminal Procedure[,
41924186 as amended by Chapter 900, Acts of the 73rd Legislature, Regular
41934187 Session, 1993].
41944188 SECTION 2.47. Sections 493.009(f)(1) and (3), Government
41954189 Code, are amended to read as follows:
41964190 (f)(1) The department shall adopt rules of conduct for
41974191 persons required to participate in the program under Article
41984192 42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, or
41994193 required to participate in the program following modification of
42004194 community supervision or parole.
42014195 (3) The department, immediately on receiving notice,
42024196 shall request the sentencing court to reassume custody of the
42034197 defendant if the defendant was required to participate in the
42044198 program under Article 42A.303 [Section 14, Article 42.12], Code of
42054199 Criminal Procedure, or required to participate in the program
42064200 following modification of community supervision. The court shall
42074201 reassume custody before the 12th day after the date on which the
42084202 department notifies the court. If the court revokes the
42094203 defendant's community supervision, the admission of the defendant
42104204 to the institutional division is an admission for which the
42114205 department must account in the scheduled admissions policy
42124206 established under Section 499.071.
42134207 SECTION 2.48. Section 493.017(a), Government Code, is
42144208 amended to read as follows:
42154209 (a) A sex offender correction program that provides
42164210 counseling sessions for a sex offender under Article 42A.453
42174211 [Section 13B, Article 42.12], Code of Criminal Procedure, shall
42184212 report to the community supervision and corrections department
42194213 officer supervising the offender, not later than the 15th day of
42204214 each month, the following information about the offender:
42214215 (1) the total number of counseling sessions attended
42224216 by the sex offender during the preceding month; and
42234217 (2) if during the preceding month the sex offender
42244218 terminates participation in the program before completing
42254219 counseling, the reason for the sex offender's termination of
42264220 counseling.
42274221 SECTION 2.49. Section 499.027(b), Government Code, is
42284222 amended to read as follows:
42294223 (b) An inmate is not eligible under this subchapter to be
42304224 considered for release to intensive supervision parole if:
42314225 (1) the inmate is awaiting transfer to the
42324226 institutional division, or serving a sentence, for an offense for
42334227 which the judgment contains an affirmative finding under Article
42344228 42A.054(c) or (d) [Section 3g(a)(2), Article 42.12], Code of
42354229 Criminal Procedure;
42364230 (2) the inmate is awaiting transfer to the
42374231 institutional division, or serving a sentence, for an offense
42384232 listed in one of the following sections of the Penal Code:
42394233 (A) Section 19.02 (murder);
42404234 (B) Section 19.03 (capital murder);
42414235 (C) Section 19.04 (manslaughter);
42424236 (D) Section 20.03 (kidnapping);
42434237 (E) Section 20.04 (aggravated kidnapping);
42444238 (F) Section 21.11 (indecency with a child);
42454239 (G) Section 22.011 (sexual assault);
42464240 (H) Section 22.02 (aggravated assault);
42474241 (I) Section 22.021 (aggravated sexual assault);
42484242 (J) Section 22.04 (injury to a child, elderly
42494243 individual, or disabled individual);
42504244 (K) Section 25.02 (prohibited sexual conduct);
42514245 (L) Section 25.08 (sale or purchase of a child);
42524246 (M) Section 28.02 (arson);
42534247 (N) Section 29.02 (robbery);
42544248 (O) Section 29.03 (aggravated robbery);
42554249 (P) Section 30.02 (burglary), if the offense is
42564250 punished as a first-degree felony under that section;
42574251 (Q) Section 43.04 (aggravated promotion of
42584252 prostitution);
42594253 (R) Section 43.05 (compelling prostitution);
42604254 (S) Section 43.24 (sale, distribution, or
42614255 display of harmful material to minor);
42624256 (T) Section 43.25 (sexual performance by a
42634257 child);
42644258 (U) Section 46.10 (deadly weapon in penal
42654259 institution);
42664260 (V) Section 15.01 (criminal attempt), if the
42674261 offense attempted is listed in this subsection;
42684262 (W) Section 15.02 (criminal conspiracy), if the
42694263 offense that is the subject of the conspiracy is listed in this
42704264 subsection;
42714265 (X) Section 15.03 (criminal solicitation), if
42724266 the offense solicited is listed in this subsection;
42734267 (Y) Section 21.02 (continuous sexual abuse of
42744268 young child or children);
42754269 (Z) Section 20A.02 (trafficking of persons); or
42764270 (AA) Section 20A.03 (continuous trafficking of
42774271 persons); or
42784272 (3) the inmate is awaiting transfer to the
42794273 institutional division, or serving a sentence, for an offense under
42804274 Chapter 481, Health and Safety Code, punishable by a minimum term of
42814275 imprisonment or a maximum fine that is greater than the minimum term
42824276 of imprisonment or the maximum fine for a first degree felony.
42834277 SECTION 2.50. Section 499.053(d), Government Code, is
42844278 amended to read as follows:
42854279 (d) A person transferred from the Texas Juvenile Justice
42864280 Department for the offense of capital murder shall become eligible
42874281 for parole as provided in Section 508.145(d) for an offense listed
42884282 in Article 42A.054 [Section 3g, Article 42.12], Code of Criminal
42894283 Procedure, or an offense for which a deadly weapon finding has been
42904284 made.
42914285 SECTION 2.51. Section 508.145(d), Government Code, is
42924286 amended to read as follows:
42934287 (d)(1) This subsection applies only to an [An] inmate who is
42944288 serving a sentence for:
42954289 (A) an offense described by Article 42A.054(a)
42964290 [Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), (K),
42974291 (L), (M), or (N), Article 42.12], Code of Criminal Procedure, other
42984292 than an offense under Section 19.03, Penal Code;
42994293 (B) an offense for which the judgment contains an
43004294 affirmative finding under Article 42A.054(c) or (d), Code of
43014295 Criminal Procedure;
43024296 (C) [Section 3g(a)(2) of that article,] an
43034297 offense under Section 20A.03, Penal Code;[,] or
43044298 (D) an offense under Section 71.02 or 71.023,
43054299 Penal Code.
43064300 (2) An inmate described by Subdivision (1) [,] is not
43074301 eligible for release on parole until the inmate's actual calendar
43084302 time served, without consideration of good conduct time, equals
43094303 one-half of the sentence or 30 calendar years, whichever is less,
43104304 but in no event is the inmate eligible for release on parole in less
43114305 than two calendar years.
43124306 (3) [(2)] Notwithstanding Subdivision (2) [(1)], an
43134307 inmate who is serving a sentence for an offense under Section
43144308 22.021, Penal Code [described by Section 3g(a)(1)(E), Article
43154309 42.12, Code of Criminal Procedure], is not eligible for release on
43164310 parole if the inmate is serving a sentence for an offense for which
43174311 punishment was enhanced under Section 12.42(c)(4), Penal Code.
43184312 SECTION 2.52. Sections 508.146(a) and (f), Government Code,
43194313 are amended to read as follows:
43204314 (a) An inmate other than an inmate who is serving a sentence
43214315 of death or life without parole may be released on medically
43224316 recommended intensive supervision on a date designated by a parole
43234317 panel described by Subsection (e), except that an inmate with an
43244318 instant offense that is an offense described in Article 42A.054
43254319 [Section 3g, Article 42.12], Code of Criminal Procedure, or an
43264320 inmate who has a reportable conviction or adjudication under
43274321 Chapter 62, Code of Criminal Procedure, may only be considered if a
43284322 medical condition of terminal illness or long-term care has been
43294323 diagnosed by a physician, if:
43304324 (1) the Texas Correctional Office on Offenders with
43314325 Medical or Mental Impairments, in cooperation with the Correctional
43324326 Managed Health Care Committee, identifies the inmate as being:
43334327 (A) a person who is elderly or terminally ill, a
43344328 person with mental illness, an intellectual disability, or a
43354329 physical disability, [physically disabled, mentally ill,
43364330 terminally ill, or mentally retarded] or a person who has [having] a
43374331 condition requiring long-term care, if the inmate is an inmate with
43384332 an instant offense that is described in Article 42A.054 [Section
43394333 3g, Article 42.12], Code of Criminal Procedure; or
43404334 (B) in a persistent vegetative state or being a
43414335 person with an organic brain syndrome with significant to total
43424336 mobility impairment, if the inmate is an inmate who has a reportable
43434337 conviction or adjudication under Chapter 62, Code of Criminal
43444338 Procedure;
43454339 (2) the parole panel determines that, based on the
43464340 inmate's condition and a medical evaluation, the inmate does not
43474341 constitute a threat to public safety; and
43484342 (3) the Texas Correctional Office on Offenders with
43494343 Medical or Mental Impairments, in cooperation with the pardons and
43504344 paroles division, has prepared for the inmate a medically
43514345 recommended intensive supervision plan that requires the inmate to
43524346 submit to electronic monitoring, places the inmate on
43534347 super-intensive supervision, or otherwise ensures appropriate
43544348 supervision of the inmate.
43554349 (f) An inmate who is not a citizen of the United States, as
43564350 defined by federal law, who is not under a sentence of death or life
43574351 without parole, and who does not have a reportable conviction or
43584352 adjudication under Chapter 62, Code of Criminal Procedure, or an
43594353 instant offense described in Article 42A.054 [Section 3g, Article
43604354 42.12], Code of Criminal Procedure, may be released to immigration
43614355 authorities pending deportation on a date designated by a parole
43624356 panel described by Subsection (e) if the parole panel determines
43634357 that on release the inmate would be deported to another country and
43644358 that the inmate does not constitute a threat to public safety in the
43654359 other country or this country and is unlikely to reenter this
43664360 country illegally.
43674361 SECTION 2.53. Section 508.149(a), Government Code, is
43684362 amended to read as follows:
43694363 (a) An inmate may not be released to mandatory supervision
43704364 if the inmate is serving a sentence for or has been previously
43714365 convicted of:
43724366 (1) an offense for which the judgment contains an
43734367 affirmative finding under Article 42A.054(c) or (d) [Section
43744368 3g(a)(2), Article 42.12], Code of Criminal Procedure;
43754369 (2) a first degree felony or a second degree felony
43764370 under Section 19.02, Penal Code;
43774371 (3) a capital felony under Section 19.03, Penal Code;
43784372 (4) a first degree felony or a second degree felony
43794373 under Section 20.04, Penal Code;
43804374 (5) an offense under Section 21.11, Penal Code;
43814375 (6) a felony under Section 22.011, Penal Code;
43824376 (7) a first degree felony or a second degree felony
43834377 under Section 22.02, Penal Code;
43844378 (8) a first degree felony under Section 22.021, Penal
43854379 Code;
43864380 (9) a first degree felony under Section 22.04, Penal
43874381 Code;
43884382 (10) a first degree felony under Section 28.02, Penal
43894383 Code;
43904384 (11) a second degree felony under Section 29.02, Penal
43914385 Code;
43924386 (12) a first degree felony under Section 29.03, Penal
43934387 Code;
43944388 (13) a first degree felony under Section 30.02, Penal
43954389 Code;
43964390 (14) a felony for which the punishment is increased
43974391 under Section 481.134 or Section 481.140, Health and Safety Code;
43984392 (15) an offense under Section 43.25, Penal Code;
43994393 (16) an offense under Section 21.02, Penal Code;
44004394 (17) a first degree felony under Section 15.03, Penal
44014395 Code;
44024396 (18) an offense under Section 43.05, Penal Code;
44034397 (19) an offense under Section 20A.02, Penal Code;
44044398 (20) an offense under Section 20A.03, Penal Code; or
44054399 (21) a first degree felony under Section 71.02 or
44064400 71.023, Penal Code.
44074401 SECTION 2.54. Section 508.151(a), Government Code, is
44084402 amended to read as follows:
44094403 (a) For the purpose of diverting inmates to halfway houses
44104404 under Section 508.118, a parole panel, after reviewing all
44114405 available pertinent information, may designate a presumptive
44124406 parole date for an inmate who:
44134407 (1) has never been convicted of an offense listed
44144408 under Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
44154409 Criminal Procedure, or an offense under Section 20A.03 or 21.02,
44164410 Penal Code; and
44174411 (2) has never had a conviction with a judgment that
44184412 contains an affirmative finding under Article 42A.054(c) or (d)
44194413 [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
44204414 SECTION 2.55. Section 508.221, Government Code, is amended
44214415 to read as follows:
44224416 Sec. 508.221. CONDITIONS PERMITTED GENERALLY. A parole
44234417 panel may impose as a condition of parole or mandatory supervision
44244418 any condition that a court may impose on a defendant placed on
44254419 community supervision under Chapter 42A [Article 42.12], Code of
44264420 Criminal Procedure, including the condition that a releasee submit
44274421 to testing for controlled substances or submit to electronic
44284422 monitoring if the parole panel determines that without testing for
44294423 controlled substances or participation in an electronic monitoring
44304424 program the inmate would not be released on parole.
44314425 SECTION 2.56. Section 508.225(a), Government Code, is
44324426 amended to read as follows:
44334427 (a) If the nature of the offense for which an inmate is
44344428 serving a sentence warrants the establishment of a child safety
44354429 zone, a parole panel may establish a child safety zone applicable to
44364430 an inmate serving a sentence for an offense listed in Article
44374431 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of Criminal
44384432 Procedure, or for which the judgment contains an affirmative
44394433 finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
44404434 42.12], Code of Criminal Procedure, by requiring as a condition of
44414435 parole or release to mandatory supervision that the inmate not:
44424436 (1) supervise or participate in any program that
44434437 includes as participants or recipients persons who are 17 years of
44444438 age or younger and that regularly provides athletic, civic, or
44454439 cultural activities; or
44464440 (2) go in or on, or within a distance specified by the
44474441 panel of, a premises where children commonly gather, including a
44484442 school, day-care facility, playground, public or private youth
44494443 center, public swimming pool, or video arcade facility.
44504444 SECTION 2.57. Section 509.0071(b), Government Code, is
44514445 amended to read as follows:
44524446 (b) A commitment reduction plan submitted under this
44534447 section may contain a request for additional state funding in the
44544448 manner described by Subsection (e). A commitment reduction plan
44554449 must contain:
44564450 (1) a target number by which the county or counties
44574451 served by the department or regional partnership of departments
44584452 will, relative to the number of individuals committed in the
44594453 preceding state fiscal year from the county or counties to the Texas
44604454 Department of Criminal Justice for offenses not listed in or
44614455 described by Article 42A.054 [Section 3g, Article 42.12], Code of
44624456 Criminal Procedure, reduce that number in the fiscal year for which
44634457 the commitment reduction plan is submitted by reducing the number
44644458 of:
44654459 (A) direct sentencing commitments;
44664460 (B) community supervision revocations; or
44674461 (C) direct sentencing commitments and community
44684462 supervision revocations;
44694463 (2) a calculation, based on the most recent Criminal
44704464 Justice Uniform Cost Report published by the Legislative Budget
44714465 Board, of the savings to the state that will result from the county
44724466 or counties reaching the target number described by Subdivision
44734467 (1);
44744468 (3) an explanation of the programs and services the
44754469 department or regional partnership of departments intends to
44764470 provide using any funding received under Subsection (e)(1),
44774471 including any programs or services designed to enhance public
44784472 safety, reduce recidivism, strengthen the investigation and
44794473 prosecution of criminal offenses, improve programs and services
44804474 available to victims of crime, and increase the amount of
44814475 restitution collected from persons supervised by the department or
44824476 regional partnership of departments;
44834477 (4) a pledge by the department or regional partnership
44844478 of departments to provide accurate data to the division at the time
44854479 and in the manner required by the division;
44864480 (5) a pledge to repay to the state, not later than the
44874481 30th day after the last day of the state fiscal year in which the
44884482 lump-sum award is made, a percentage of the lump sum received under
44894483 Subsection (e)(1) that is equal to the percentage by which the
44904484 county or counties fail to reach the target number described by
44914485 Subdivision (1), if the county or counties do not reach that target
44924486 number; and
44934487 (6) if the commitment reduction plan is submitted by a
44944488 regional partnership of departments, an agreement and plan for the
44954489 receipt, division, and administration of any funding received under
44964490 Subsection (e).
44974491 SECTION 2.58. Section 509.015, Government Code, is amended
44984492 to read as follows:
44994493 Sec. 509.015. TREATMENT STANDARDS FOR CERTAIN STATE JAIL
45004494 FELONIES. The division shall propose and the board shall adopt best
45014495 practices standards for substance abuse treatment conditions
45024496 imposed under Article 42A.554(c) [Section 15(c)(2), Article
45034497 42.12], Code of Criminal Procedure.
45044498 SECTION 2.59. Section 509.017, Government Code, is amended
45054499 to read as follows:
45064500 Sec. 509.017. SPECIAL ALLOCATION FOR CERTAIN DEFENDANTS
45074501 PLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION. Notwithstanding
45084502 any other provision of this chapter, the Texas Department of
45094503 Criminal Justice shall adopt policies and procedures to:
45104504 (1) determine the cost savings to the Texas Department
45114505 of Criminal Justice realized through the release of defendants on
45124506 community supervision under Article 42A.551(d)(2)(B) [Section
45134507 15(a)(2)(B)(ii), Article 42.12], Code of Criminal Procedure; and
45144508 (2) provide 30 percent of that cost savings to the
45154509 division to be allocated to individual departments and used for the
45164510 same purpose that state aid is used under Section 509.011.
45174511 SECTION 2.60. Section 557.001(c), Government Code, is
45184512 amended to read as follows:
45194513 (c) A person convicted of an offense under this section may
45204514 not receive community supervision [probation] under Chapter 42A
45214515 [Article 42.12], Code of Criminal Procedure.
45224516 SECTION 2.61. Section 772.0071(a)(1), Government Code, is
45234517 amended to read as follows:
45244518 (1) "Border crime" means any crime that occurs in the
45254519 border region and that undermines public safety or security,
45264520 including an offense:
45274521 (A) during the prosecution of which an
45284522 affirmative finding may be requested under Article 42A.054(c) or
45294523 (d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure;
45304524 (B) under Chapter 19, 20, 20A, 46, or 71, Penal
45314525 Code;
45324526 (C) under Title 7 or 8, Penal Code;
45334527 (D) under Chapter 481, Health and Safety Code;
45344528 (E) committed by a person who is not a citizen or
45354529 national of the United States and is not lawfully present in the
45364530 United States; or
45374531 (F) that is coordinated with or related to
45384532 activities or crimes that occur or are committed in the United
45394533 Mexican States.
45404534 SECTION 2.62. Section 2001.221, Government Code, is amended
45414535 to read as follows:
45424536 Sec. 2001.221. DRIVER'S LICENSES. This chapter does not
45434537 apply to a suspension, revocation, cancellation, denial, or
45444538 disqualification of a driver's license or commercial driver's
45454539 license as authorized by:
45464540 (1) Subchapter N, Chapter 521, Transportation Code,
45474541 except Sections 521.304 and 521.305 of that subchapter, or by
45484542 Subchapter O or P of that chapter;
45494543 (2) Chapter 522, Transportation Code;
45504544 (3) Chapter 601, Transportation Code; or
45514545 (4) Article 42A.406 or 42A.407 [Section 13, Article
45524546 42.12], Code of Criminal Procedure.
45534547 SECTION 2.63. Section 2002.023, Government Code, is amended
45544548 to read as follows:
45554549 Sec. 2002.023. EXCEPTIONS. This subchapter does not apply
45564550 to:
45574551 (1) a suspension, revocation, cancellation, denial,
45584552 or disqualification of a driver's license or commercial driver's
45594553 license as authorized by:
45604554 (A) Subchapter N, Chapter 521, Transportation
45614555 Code, except Sections 521.304 and 521.305 of that subchapter, or by
45624556 Subchapter O or P of that chapter;
45634557 (B) Chapter 522, Transportation Code;
45644558 (C) Chapter 601, Transportation Code;
45654559 (D) Chapter 724, Transportation Code; or
45664560 (E) Article 42A.406 or 42A.407 [Section 13,
45674561 Article 42.12], Code of Criminal Procedure;
45684562 (2) matters related solely to the internal personnel
45694563 rules and practices of a state agency;
45704564 (3) the Texas Workforce Commission, other than to
45714565 matters of unemployment insurance maintained by the commission; or
45724566 (4) a rule or internal procedure of the Texas
45734567 Department of Criminal Justice or Texas Board of Criminal Justice
45744568 that applies to an inmate or any other person under the custody or
45754569 control of the department or to an action taken under that rule or
45764570 procedure.
45774571 SECTION 2.64. Section 81.093(b), Health and Safety Code, is
45784572 amended to read as follows:
45794573 (b) The court shall order that a presentence
45804574 [presentencing] report be prepared under Subchapter F, Chapter 42A
45814575 [Section 9, Article 42.12], Code of Criminal Procedure, to
45824576 determine if a person convicted of an offense under Chapter 481
45834577 (Texas Controlled Substances Act) or under Sections 485.031 through
45844578 485.035 should be subject to Section 81.083 and Subchapter G.
45854579 SECTION 2.65. Section 169.001(b), Health and Safety Code,
45864580 is amended to read as follows:
45874581 (b) If a defendant successfully completes a first offender
45884582 prostitution prevention program, regardless of whether the
45894583 defendant was convicted of the offense for which the defendant
45904584 entered the program or whether the court deferred further
45914585 proceedings without entering an adjudication of guilt, after notice
45924586 to the state and a hearing on whether the defendant is otherwise
45934587 entitled to the petition, including whether the required time
45944588 period has elapsed, and whether issuance of the order is in the best
45954589 interest of justice, the court shall enter an order of
45964590 nondisclosure under Section 411.081, Government Code, as if the
45974591 defendant had received a discharge and dismissal under Article
45984592 42A.111 [Section 5(c), Article 42.12], Code of Criminal Procedure,
45994593 with respect to all records and files related to the defendant's
46004594 arrest for the offense for which the defendant entered the program
46014595 if the defendant:
46024596 (1) has not been previously convicted of a felony
46034597 offense; and
46044598 (2) is not convicted of any other felony offense
46054599 before the second anniversary of the defendant's successful
46064600 completion of the program.
46074601 SECTION 2.66. Section 169.002(b), Health and Safety Code,
46084602 is amended to read as follows:
46094603 (b) A defendant is eligible to participate in a first
46104604 offender prostitution prevention program established under this
46114605 chapter only if:
46124606 (1) the attorney representing the state consents to
46134607 the defendant's participation in the program; and
46144608 (2) the court in which the criminal case is pending
46154609 finds that the defendant has not been previously convicted of:
46164610 (A) an offense under Section 20A.02, 43.02,
46174611 43.03, 43.04, or 43.05, Penal Code;
46184612 (B) an offense listed in Article 42A.054(a)
46194613 [Section 3g(a)(1), Article 42.12], Code of Criminal Procedure; or
46204614 (C) an offense punishable as a felony under
46214615 Chapter 481.
46224616 SECTION 2.67. Section 169A.001(b), Health and Safety Code,
46234617 is amended to read as follows:
46244618 (b) If a defendant successfully completes a prostitution
46254619 prevention program, regardless of whether the defendant was
46264620 convicted of the offense for which the defendant entered the
46274621 program or whether the court deferred further proceedings without
46284622 entering an adjudication of guilt, after notice to the state and a
46294623 hearing on whether the defendant is otherwise entitled to the
46304624 petition, including whether the required time has elapsed, and
46314625 whether issuance of the order is in the best interest of justice,
46324626 the court shall enter an order of nondisclosure under Section
46334627 411.081, Government Code, as if the defendant had received a
46344628 discharge and dismissal under Article 42A.111 [Section 5(c),
46354629 Article 42.12], Code of Criminal Procedure, with respect to all
46364630 records and files related to the defendant's arrest for the offense
46374631 for which the defendant entered the program.
46384632 SECTION 2.68. Section 250.006(d), Health and Safety Code,
46394633 is amended to read as follows:
46404634 (d) For purposes of this section, a person who is placed on
46414635 deferred adjudication community supervision for an offense listed
46424636 in this section, successfully completes the period of deferred
46434637 adjudication community supervision, and receives a dismissal and
46444638 discharge in accordance with Article 42A.111 [Section 5(c), Article
46454639 42.12], Code of Criminal Procedure, is not considered convicted of
46464640 the offense for which the person received deferred adjudication
46474641 community supervision.
46484642 SECTION 2.69. Section 534.053(c), Health and Safety Code,
46494643 is amended to read as follows:
46504644 (c) To the extent that resources are available, the
46514645 department shall:
46524646 (1) ensure that the services listed in this section
46534647 are available for children, including adolescents, as well as
46544648 adults, in each service area;
46554649 (2) emphasize early intervention services for
46564650 children, including adolescents, who meet the department's
46574651 definition of being at high risk of developing severe emotional
46584652 disturbances or severe mental illnesses; and
46594653 (3) ensure that services listed in this section are
46604654 available for defendants required to submit to mental health
46614655 treatment under Article 17.032, 42A.104, or 42A.506 [Section 5(a)
46624656 or 11(d), Article 42.12], Code of Criminal Procedure.
46634657 SECTION 2.70. Section 614.0032(a), Health and Safety Code,
46644658 is amended to read as follows:
46654659 (a) The office shall:
46664660 (1) perform duties imposed on the office by Section
46674661 508.146, Government Code; and
46684662 (2) periodically identify state jail felony
46694663 defendants suitable for release under Article 42A.561 [Section
46704664 15(i), Article 42.12], Code of Criminal Procedure, and perform
46714665 other duties imposed on the office by that article [section].
46724666 SECTION 2.71. Section 773.0614(c), Health and Safety Code,
46734667 is amended to read as follows:
46744668 (c) A certificate holder's certificate shall be revoked if
46754669 the certificate holder has been convicted of or placed on deferred
46764670 adjudication community supervision or deferred disposition for:
46774671 (1) an offense listed in Article 42A.054(a)(2), (3),
46784672 (4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A) through
46794673 (H), Article 42.12], Code of Criminal Procedure; or
46804674 (2) an offense, other than an offense described by
46814675 Subdivision (1), committed on or after September 1, 2009, for which
46824676 the person is subject to registration under Chapter 62, Code of
46834677 Criminal Procedure.
46844678 SECTION 2.72. Section 773.06141(a), Health and Safety Code,
46854679 as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
46864680 Session, 2015, is amended to read as follows:
46874681 (a) The department may suspend, revoke, or deny an emergency
46884682 medical services provider license on the grounds that the
46894683 provider's administrator of record, employee, or other
46904684 representative:
46914685 (1) has been convicted of, or placed on deferred
46924686 adjudication community supervision or deferred disposition for, an
46934687 offense that directly relates to the duties and responsibilities of
46944688 the administrator, employee, or representative, other than an
46954689 offense for which points are assigned under Section 708.052,
46964690 Transportation Code;
46974691 (2) has been convicted of or placed on deferred
46984692 adjudication community supervision or deferred disposition for an
46994693 offense, including:
47004694 (A) an offense listed in Article 42A.054(a)(2),
47014695 (3), (4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A)
47024696 through (H), Article 42.12], Code of Criminal Procedure; or
47034697 (B) an offense, other than an offense described
47044698 by Subdivision (1), for which the person is subject to registration
47054699 under Chapter 62, Code of Criminal Procedure; or
47064700 (3) has been convicted of Medicare or Medicaid fraud,
47074701 has been excluded from participation in the state Medicaid program,
47084702 or has a hold on payment for reimbursement under the state Medicaid
47094703 program under Subchapter C, Chapter 531, Government Code.
47104704 SECTION 2.73. Section 841.082(a), Health and Safety Code,
47114705 is amended to read as follows:
47124706 (a) Before entering an order directing a person's
47134707 outpatient civil commitment, the judge shall impose on the person
47144708 requirements necessary to ensure the person's compliance with
47154709 treatment and supervision and to protect the community. The
47164710 requirements shall include:
47174711 (1) requiring the person to reside in a Texas
47184712 residential facility under contract with the office or at another
47194713 location or facility approved by the office;
47204714 (2) prohibiting the person's contact with a victim or
47214715 potential victim of the person;
47224716 (3) prohibiting the person's possession or use of
47234717 alcohol, inhalants, or a controlled substance;
47244718 (4) requiring the person's participation in and
47254719 compliance with a specific course of treatment provided by the
47264720 office and compliance with all written requirements imposed by the
47274721 case manager or otherwise by the office;
47284722 (5) requiring the person to:
47294723 (A) submit to tracking under a particular type of
47304724 tracking service and to any other appropriate supervision; and
47314725 (B) refrain from tampering with, altering,
47324726 modifying, obstructing, or manipulating the tracking equipment;
47334727 (6) prohibiting the person from changing the person's
47344728 residence without prior authorization from the judge and from
47354729 leaving the state without that prior authorization;
47364730 (7) if determined appropriate by the judge,
47374731 establishing a child safety zone in the same manner as a child
47384732 safety zone is established by a judge under Article 42A.453
47394733 [Section 13B, Article 42.12], Code of Criminal Procedure, and
47404734 requiring the person to comply with requirements related to the
47414735 safety zone; and
47424736 (8) any other requirements determined necessary by the
47434737 judge.
47444738 SECTION 2.74. Section 133.055(b), Local Government Code, is
47454739 amended to read as follows:
47464740 (b) If the treasurer does not collect any fees during a
47474741 calendar quarter, the treasurer shall file the report required for
47484742 the quarter in the regular manner. The report must state that no
47494743 fees were collected. This subsection does not apply to fees
47504744 collected under Article 42A.303 or 42A.653 [Sections 14 and 19,
47514745 Article 42.12], Code of Criminal Procedure, or under Section
47524746 76.013, Government Code.
47534747 SECTION 2.75. Section 133.058(d), Local Government Code, is
47544748 amended to read as follows:
47554749 (d) A county may not retain a service fee on the collection
47564750 of a fee:
47574751 (1) for the judicial fund;
47584752 (2) under Article 42A.303 or 42A.653 [Sections 14 and
47594753 19, Article 42.12], Code of Criminal Procedure; or
47604754 (3) under Section 51.851, Government Code.
47614755 SECTION 2.76. Section 152.017, Local Government Code, is
47624756 amended to read as follows:
47634757 Sec. 152.017. EXCEPTIONS. This subchapter does not apply
47644758 to:
47654759 (1) a judge of a court of record;
47664760 (2) a presiding judge of a commissioners court in a
47674761 county with a population of 3.3 million or more;
47684762 (3) a district attorney paid wholly by state funds or
47694763 the district attorney's assistants, investigators, or other
47704764 employees;
47714765 (4) a county auditor, county purchasing agent, or the
47724766 auditor's or purchasing agent's assistants or other employees; or
47734767 (5) a person employed under Section 76.004, Government
47744768 Code [10, Article 42.12, Code of Criminal Procedure].
47754769 SECTION 2.77. Section 157.002(a), Local Government Code, is
47764770 amended to read as follows:
47774771 (a) The commissioners court by rule may provide for medical
47784772 care and hospitalization and may provide for compensation,
47794773 accident, hospital, and disability insurance for the following
47804774 persons if their salaries are paid from the funds of the county or
47814775 funds of a flood control district located entirely in the county, or
47824776 funds of a hospital district described by Section 281.0475, Health
47834777 and Safety Code, located entirely in the county, or if they are
47844778 employees of another governmental entity for which the county is
47854779 obligated to provide benefits:
47864780 (1) deputies, assistants, and other employees of the
47874781 county, or of the flood control district, or of the hospital
47884782 district, who work under the commissioners court or its appointees;
47894783 (2) county and district officers and their deputies
47904784 and assistants appointed under Subchapter A, Chapter 151;
47914785 (3) employees appointed under Section 76.004(b),
47924786 Government Code [10(a), Article 42.12, Code of Criminal Procedure];
47934787 (4) any retired person formerly holding any status
47944788 listed above; and
47954789 (5) the dependents of any person listed above.
47964790 SECTION 2.78. Section 352.082(d), Local Government Code, is
47974791 amended to read as follows:
47984792 (d) An offense under this section is a Class C misdemeanor.
47994793 On conviction of an offense under this section, the court shall
48004794 require the defendant, in addition to any fine, to perform
48014795 community service as provided by Article 42A.304(e) [Section 16(e),
48024796 Article 42.12], Code of Criminal Procedure.
48034797 SECTION 2.79. Section 53.021(a), Occupations Code, is
48044798 amended to read as follows:
48054799 (a) A licensing authority may suspend or revoke a license,
48064800 disqualify a person from receiving a license, or deny to a person
48074801 the opportunity to take a licensing examination on the grounds that
48084802 the person has been convicted of:
48094803 (1) an offense that directly relates to the duties and
48104804 responsibilities of the licensed occupation;
48114805 (2) an offense that does not directly relate to the
48124806 duties and responsibilities of the licensed occupation and that was
48134807 committed less than five years before the date the person applies
48144808 for the license;
48154809 (3) an offense listed in Article 42A.054 [Section 3g,
48164810 Article 42.12], Code of Criminal Procedure; or
48174811 (4) a sexually violent offense, as defined by Article
48184812 62.001, Code of Criminal Procedure.
48194813 SECTION 2.80. Section 109.001(3), Occupations Code, is
48204814 amended to read as follows:
48214815 (3) "Sex offender" has the meaning assigned by Article
48224816 42A.251(2) [Section 9(m), Article 42.12], Code of Criminal
48234817 Procedure.
48244818 SECTION 2.81. Section 12.35(c), Penal Code, is amended to
48254819 read as follows:
48264820 (c) An individual adjudged guilty of a state jail felony
48274821 shall be punished for a third degree felony if it is shown on the
48284822 trial of the offense that:
48294823 (1) a deadly weapon as defined by Section 1.07 was used
48304824 or exhibited during the commission of the offense or during
48314825 immediate flight following the commission of the offense, and that
48324826 the individual used or exhibited the deadly weapon or was a party to
48334827 the offense and knew that a deadly weapon would be used or
48344828 exhibited; or
48354829 (2) the individual has previously been finally
48364830 convicted of any felony:
48374831 (A) under Section 20A.03 or 21.02 or listed in
48384832 Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
48394833 Criminal Procedure; or
48404834 (B) for which the judgment contains an
48414835 affirmative finding under Article 42A.054(c) or (d) [Section
48424836 3g(a)(2), Article 42.12], Code of Criminal Procedure.
48434837 SECTION 2.82. Section 12.42(h), Penal Code, is amended to
48444838 read as follows:
48454839 (h) In this section, "sexually violent offense" means an
48464840 offense:
48474841 (1) described by Article 62.001(6), Code of Criminal
48484842 Procedure; and
48494843 (2) for which an affirmative finding has been entered
48504844 under Article 42.015(b) or 42A.105(a) [Section 5(e)(2), Article
48514845 42.12], Code of Criminal Procedure, for an offense other than an
48524846 offense under Section 21.02 or 22.021.
48534847 SECTION 2.83. Section 15.031(a), Penal Code, is amended to
48544848 read as follows:
48554849 (a) A person commits an offense if, with intent that an
48564850 offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
48574851 42.12], Code of Criminal Procedure, be committed, the person
48584852 requests, commands, or attempts to induce a minor to engage in
48594853 specific conduct that, under the circumstances surrounding the
48604854 actor's conduct as the actor believes them to be, would constitute
48614855 an offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
48624856 42.12,] or make the minor a party to the commission of an offense
48634857 listed by Article 42A.054(a) [Section 3g(a)(1), Article 42.12].
48644858 SECTION 2.84. Section 49.09(h), Penal Code, is amended to
48654859 read as follows:
48664860 (h) This subsection applies only to a person convicted of a
48674861 second or subsequent offense relating to the operating of a motor
48684862 vehicle while intoxicated committed within five years of the date
48694863 on which the most recent preceding offense was committed. The court
48704864 shall enter an order that requires the defendant to have a device
48714865 installed, on each motor vehicle owned or operated by the
48724866 defendant, that uses a deep-lung breath analysis mechanism to make
48734867 impractical the operation of the motor vehicle if ethyl alcohol is
48744868 detected in the breath of the operator, and that requires that
48754869 before the first anniversary of the ending date of the period of
48764870 license suspension under Section 521.344, Transportation Code, the
48774871 defendant not operate any motor vehicle that is not equipped with
48784872 that device. The court shall require the defendant to obtain the
48794873 device at the defendant's own cost on or before that ending date,
48804874 require the defendant to provide evidence to the court on or before
48814875 that ending date that the device has been installed on each
48824876 appropriate vehicle, and order the device to remain installed on
48834877 each vehicle until the first anniversary of that ending date. If
48844878 the court determines the offender is unable to pay for the device,
48854879 the court may impose a reasonable payment schedule not to extend
48864880 beyond the first anniversary of the date of installation. The
48874881 Department of Public Safety shall approve devices for use under
48884882 this subsection. Section 521.247, Transportation Code, applies to
48894883 the approval of a device under this subsection and the consequences
48904884 of that approval. Failure to comply with an order entered under
48914885 this subsection is punishable by contempt. For the purpose of
48924886 enforcing this subsection, the court that enters an order under
48934887 this subsection retains jurisdiction over the defendant until the
48944888 date on which the device is no longer required to remain installed.
48954889 To the extent of a conflict between this subsection and Article
48964890 42A.408 [Section 13(i), Article 42.12], Code of Criminal Procedure,
48974891 this subsection controls.
48984892 SECTION 2.85. Section 71.023(a), Penal Code, is amended to
48994893 read as follows:
49004894 (a) A person commits an offense if the person, as part of the
49014895 identifiable leadership of a criminal street gang, knowingly
49024896 finances, directs, or supervises the commission of, or a conspiracy
49034897 to commit, one or more of the following offenses by members of a
49044898 criminal street gang:
49054899 (1) a felony offense that is listed in Article
49064900 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of Criminal
49074901 Procedure;
49084902 (2) a felony offense for which it is shown that a
49094903 deadly weapon, as defined by Section 1.07, was used or exhibited
49104904 during the commission of the offense or during immediate flight
49114905 from the commission of the offense; or
49124906 (3) an offense that is punishable under Section
49134907 481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or
49144908 481.120(b)(6), Health and Safety Code.
49154909 SECTION 2.86. Section 521.245(b), Transportation Code, is
49164910 amended to read as follows:
49174911 (b) The program required under Subsection (a) may not be the
49184912 program provided by Section 521.344 or by Article 42A.403 or
49194913 42A.404 [Section 13, Article 42.12], Code of Criminal Procedure.
49204914 SECTION 2.87. Section 521.320(f), Transportation Code, is
49214915 amended to read as follows:
49224916 (f) For the purposes of this section, a person is convicted
49234917 of an offense regardless of whether sentence is imposed or the
49244918 person is placed on community supervision for the offense under
49254919 Chapter 42A [Article 42.12], Code of Criminal Procedure.
49264920 SECTION 2.88. Section 521.342(b), Transportation Code, is
49274921 amended to read as follows:
49284922 (b) The department shall suspend for one year the license of
49294923 a person who is under 21 years of age and is convicted of an offense
49304924 under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
49314925 regardless of whether the person is required to attend an
49324926 educational program under Article 42A.403 [Section 13(h), Article
49334927 42.12], Code of Criminal Procedure, that is designed to
49344928 rehabilitate persons who have operated motor vehicles while
49354929 intoxicated, unless the person is placed under community
49364930 supervision under Chapter 42A, Code of Criminal Procedure, [that
49374931 article] and is required as a condition of the community
49384932 supervision to not operate a motor vehicle unless the vehicle is
49394933 equipped with the device described by Article 42A.408 [Section
49404934 13(i)] of that chapter [article]. If the person is required to
49414935 attend such a program and does not complete the program before the
49424936 end of the person's suspension, the department shall suspend the
49434937 person's license or continue the suspension, as appropriate, until
49444938 the department receives proof that the person has successfully
49454939 completed the program. On the person's successful completion of
49464940 the program, the person's instructor shall give notice to the
49474941 department and to the community supervision and corrections
49484942 department in the manner provided by Article 42A.406(b) [Section
49494943 13(h), Article 42.12], Code of Criminal Procedure.
49504944 SECTION 2.89. Sections 521.344(d), (f), and (i),
49514945 Transportation Code, are amended to read as follows:
49524946 (d) Except as provided by Subsection (e) and Section
49534947 521.342(b), during a period of probation the department may not
49544948 revoke the person's license if the person is required under Article
49554949 42A.403 or 42A.404 [Section 13(h) or (j), Article 42.12], Code of
49564950 Criminal Procedure, to successfully complete an educational
49574951 program designed to rehabilitate persons who have operated motor
49584952 vehicles while intoxicated, unless the person was punished under
49594953 Section 49.09(a) or (b), Penal Code, and was subject to Section
49604954 49.09(h) of that code. The department may not revoke the license of
49614955 a person:
49624956 (1) for whom the jury has recommended that the license
49634957 not be revoked under Article 42A.407(a) [Section 13(g), Article
49644958 42.12], Code of Criminal Procedure; or
49654959 (2) who is placed under community supervision under
49664960 Chapter 42A, Code of Criminal Procedure, [that article] and is
49674961 required as a condition of community supervision to not operate a
49684962 motor vehicle unless the vehicle is equipped with the device
49694963 described by Article 42A.408 [Section 13(i)] of that chapter
49704964 [article], unless the person was punished under Section 49.09(a) or
49714965 (b), Penal Code, and was subject to Section 49.09(g) of that code.
49724966 (f) After the date has passed, according to department
49734967 records, for successful completion of an educational program for
49744968 repeat offenders as required by Article 42A.404 [Section 13,
49754969 Article 42.12], Code of Criminal Procedure, the director shall
49764970 suspend the license of a person who does not successfully complete
49774971 the program or, if the person is a resident without a license, shall
49784972 issue an order prohibiting the person from obtaining a license.
49794973 (i) On the date that a suspension order under Section
49804974 521.343(c) is to expire, the period of suspension or the
49814975 corresponding period in which the department is prohibited from
49824976 issuing a license is automatically increased to two years unless
49834977 the department receives notice of successful completion of the
49844978 educational program as required by Article 42A.406 [Section 13,
49854979 Article 42.12], Code of Criminal Procedure. At the time a person is
49864980 convicted of an offense under Section 49.04 or 49.045, Penal Code,
49874981 the court shall warn the person of the effect of this subsection.
49884982 On the person's successful completion of the program, the person's
49894983 instructor shall give notice to the department and to the community
49904984 supervision and corrections department in the manner required by
49914985 Article 42A.406(b) [Section 13, Article 42.12], Code of Criminal
49924986 Procedure. If the department receives proof of completion after a
49934987 period has been extended under this subsection, the department
49944988 shall immediately end the suspension or prohibition.
49954989 SECTION 2.90. Section 521.350(d), Transportation Code, is
49964990 amended to read as follows:
49974991 (d) A person whose license is suspended under Subsection (a)
49984992 shall be required by the court in which the person was convicted to
49994993 perform at least 10 hours of community service as ordered by the
50004994 court. If the person is a resident of this state without a driver's
50014995 license to operate a motor vehicle, the court shall issue an order
50024996 prohibiting the department from issuing the person a driver's
50034997 license before the person completes the community service.
50044998 Community service required under this subsection is in addition to
50054999 any community service required of the person as a condition of
50065000 community supervision under Article 42A.304 [Section 16, Article
50075001 42.12], Code of Criminal Procedure.
50085002 SECTION 2.91. Section 522.088, Transportation Code, is
50095003 amended to read as follows:
50105004 Sec. 522.088. APPLICABILITY OF OTHER LAW. Section 521.344
50115005 of this code and Subchapter I, Chapter 42A [Section 13, Article
50125006 42.12], Code of Criminal Procedure, except Article 42A.409 of that
50135007 subchapter, do not apply to a person disqualified under this
50145008 chapter.
50155009 ARTICLE 3. REPEALER
50165010 SECTION 3.01. Article 42.12, Code of Criminal Procedure, is
50175011 repealed.
50185012 ARTICLE 4. GENERAL MATTERS
50195013 SECTION 4.01. This Act is enacted under Section 43, Article
50205014 III, Texas Constitution. This Act is intended as a codification
50215015 only, and no substantive change in the law is intended by this Act.
50225016 SECTION 4.02. This Act takes effect January 1, 2017.
5023- * * * * *
5017+ ______________________________ ______________________________
5018+ President of the Senate Speaker of the House
5019+ I certify that H.B. No. 2299 was passed by the House on May 5,
5020+ 2015, by the following vote: Yeas 145, Nays 0, 2 present, not
5021+ voting.
5022+ ______________________________
5023+ Chief Clerk of the House
5024+ I certify that H.B. No. 2299 was passed by the Senate on May
5025+ 26, 2015, by the following vote: Yeas 31, Nays 0.
5026+ ______________________________
5027+ Secretary of the Senate
5028+ APPROVED: _____________________
5029+ Date
5030+ _____________________
5031+ Governor