Texas 2015 - 84th Regular

Texas Senate Bill SB1096 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9841 KEL-D
2	2	By: Whitmire S.B. No. 1096
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the nonsubstantive revision of certain laws concerning
8	8	community supervision granted in criminal cases, including
9	9	conforming amendments.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. NONSUBSTANTIVE REVISION OF COMMUNITY SUPERVISION LAWS
12	12	SECTION 1.01. Title 1, Code of Criminal Procedure, is amended by adding Chapter 42A to read as follows:
13	13	CHAPTER 42A. COMMUNITY SUPERVISION
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Art. 42A.001. DEFINITIONS
16	16	SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
17	17	Art. 42A.051. AUTHORITY TO GRANT COMMUNITY
18	18	SUPERVISION, IMPOSE OR MODIFY
19	19	CONDITIONS, OR DISCHARGE DEFENDANT
20	20	Art. 42A.052. MODIFICATION OF CONDITIONS BY
21	21	SUPERVISION OFFICER OR MAGISTRATE
22	22	Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION
23	23	Art. 42A.054. LIMITATION ON JUDGE-ORDERED COMMUNITY
24	24	SUPERVISION
25	25	Art. 42A.055. JURY-RECOMMENDED COMMUNITY SUPERVISION
26	26	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
27	27	SUPERVISION
28	28	Art. 42A.057. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
29	29	CERTAIN BURGLARIES OF VEHICLES
30	30	SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
31	31	Art. 42A.101. PLACEMENT ON DEFERRED ADJUDICATION
32	32	COMMUNITY SUPERVISION
33	33	Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
34	34	COMMUNITY SUPERVISION
35	35	Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION
36	36	COMMUNITY SUPERVISION
37	37	Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION
38	38	COMMUNITY SUPERVISION; IMPOSITION OF
39	39	FINE
40	40	Art. 42A.105. AFFIRMATIVE FINDINGS
41	41	Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO
42	42	PETITION FOR ORDER OF NONDISCLOSURE
43	43	Art. 42A.107. REQUEST FOR FINAL ADJUDICATION
44	44	Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
45	45	ADJUDICATION COMMUNITY SUPERVISION;
46	46	HEARING
47	47	Art. 42A.109. DUE DILIGENCE DEFENSE
48	48	Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION
49	49	Art. 42A.111. DISMISSAL AND DISCHARGE
50	50	SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
51	51	Art. 42A.151. TRANSFER OF JURISDICTION
52	52	Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING
53	53	GEOGRAPHICAL JURISDICTION
54	54	Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE
55	55	Art. 42A.154. LEAVING THE STATE
56	56	SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
57	57	JURISDICTION
58	58	Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR
59	59	CASES
60	60	Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES
61	61	Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE
62	62	IN FELONY CASES
63	63	Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM
64	64	USED OR EXHIBITED
65	65	SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
66	66	Art. 42A.251. DEFINITIONS
67	67	Art. 42A.252. PRESENTENCE REPORT REQUIRED
68	68	Art. 42A.253. CONTENTS OF PRESENTENCE REPORT
69	69	Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF
70	70	CONTENTS
71	71	Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT;
72	72	ACCESS TO INFORMATION BY STATE
73	73	Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION
74	74	OFFICER; CONFIDENTIALITY OF REPORT
75	75	Art. 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR
76	76	DRUG REHABILITATION
77	77	Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER
78	78	TREATMENT, SPECIALIZED SUPERVISION, OR
79	79	REHABILITATION
80	80	Art. 42A.259. POSTSENTENCE REPORT
81	81	SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
82	82	Art. 42A.301. BASIC DISCRETIONARY CONDITIONS
83	83	Art. 42A.302. CONFINEMENT
84	84	Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM
85	85	Art. 42A.304. COMMUNITY SERVICE
86	86	Art. 42A.305. COMMUNITY OUTREACH
87	87	Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF
88	88	STATE
89	89	Art. 42A.307. ORCHIECTOMY PROHIBITED
90	90	SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY
91	91	Art. 42A.351. EDUCATIONAL SKILL LEVEL
92	92	Art. 42A.352. DNA SAMPLE
93	93	SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
94	94	OFFENSES
95	95	Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY
96	96	SUPERVISION FOR CERTAIN INTOXICATION
97	97	OFFENSES
98	98	Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION
99	99	AND REHABILITATION
100	100	Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN
101	101	INTOXICATION OFFENDERS; WAIVER OR
102	102	EXTENSION OF TIME
103	103	Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
104	104	INTOXICATION OFFENDERS; WAIVER
105	105	Art. 42A.405. RULES FOR AND ADMINISTRATION OF
106	106	EDUCATIONAL PROGRAMS
107	107	Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM
108	108	REQUIREMENTS ON DRIVING RECORD AND
109	109	LICENSE
110	110	Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE
111	111	Art. 42A.408. USE OF IGNITION INTERLOCK DEVICE
112	112	Art. 42A.409. COMMUNITY SUPERVISION FOR ENHANCED
113	113	PUBLIC INTOXICATION OFFENSE
114	114	SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
115	115	Art. 42A.451. SEX OFFENDER REGISTRATION; DNA SAMPLE
116	116	Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR
117	117	REHABILITATION
118	118	Art. 42A.453. CHILD SAFETY ZONE
119	119	Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED
120	120	Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER
121	121	SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
122	122	OFFENDERS
123	123	Art. 42A.501. COMMUNITY SUPERVISION FOR OFFENSE
124	124	COMMITTED BECAUSE OF BIAS OR PREJUDICE
125	125	Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN
126	126	VIOLENT OFFENSES; CHILD SAFETY ZONE
127	127	Art. 42A.503. COMMUNITY SUPERVISION FOR CERTAIN CHILD
128	128	ABUSE OFFENSES; PROHIBITED CONTACT
129	129	WITH VICTIM
130	130	Art. 42A.504. COMMUNITY SUPERVISION FOR CERTAIN
131	131	OFFENSES INVOLVING FAMILY VIOLENCE;
132	132	SPECIAL CONDITIONS
133	133	Art. 42A.505. COMMUNITY SUPERVISION FOR STALKING
134	134	OFFENSE; PROHIBITED CONTACT WITH
135	135	VICTIM
136	136	Art. 42A.506. COMMUNITY SUPERVISION FOR DEFENDANT WITH
137	137	MENTAL IMPAIRMENT
138	138	Art. 42A.507. COMMUNITY SUPERVISION FOR CERTAIN
139	139	DEFENDANTS IDENTIFIED AS MEMBERS OF
140	140	CRIMINAL STREET GANGS; ELECTRONIC
141	141	MONITORING
142	142	Art. 42A.508. COMMUNITY SUPERVISION FOR CERTAIN
143	143	ORGANIZED CRIME OFFENSES; RESTRICTIONS
144	144	ON OPERATION OF MOTOR VEHICLE
145	145	Art. 42A.509. COMMUNITY SUPERVISION FOR GRAFFITI
146	146	OFFENSE
147	147	Art. 42A.510. COMMUNITY SUPERVISION FOR ENHANCED
148	148	DISORDERLY CONDUCT OFFENSE
149	149	Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN
150	150	OFFENSES INVOLVING ANIMALS
151	151	Art. 42A.512. COMMUNITY SUPERVISION FOR ELECTRONIC
152	152	TRANSMISSION OF CERTAIN VISUAL
153	153	MATERIAL
154	154	Art. 42A.513. COMMUNITY SUPERVISION FOR MAKING FIREARM
155	155	ACCESSIBLE TO CHILD
156	156	SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
157	157	Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION;
158	158	EXECUTION OF SENTENCE
159	159	Art. 42A.552. REVIEW OF PRESENTENCE REPORT
160	160	Art. 42A.553. MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
161	161	SUPERVISION; EXTENSION
162	162	Art. 42A.554. CONDITIONS OF COMMUNITY SUPERVISION
163	163	Art. 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY
164	164	SUPERVISION
165	165	Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
166	166	COMMUNITY SUPERVISION
167	167	Art. 42A.557. REPORT BY DIRECTOR OF FACILITY
168	168	Art. 42A.558. REVOCATION; OPTIONS REGARDING EXECUTION
169	169	OF SENTENCE
170	170	Art. 42A.559. CREDITS FOR TIME SERVED
171	171	Art. 42A.560. MEDICAL RELEASE
172	172	Art. 42A.561. MEDICAL RELEASE
173	173	SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
174	174	Art. 42A.601. DEFINITION
175	175	Art. 42A.602. MAXIMUM TERM OR TERMS OF CONFINEMENT
176	176	Art. 42A.603. EFFECT OF REVOCATION ON CREDIT FOR TIME
177	177	SPENT IN FACILITY
178	178	Art. 42A.604. EVALUATION OF DEFENDANT'S BEHAVIOR AND
179	179	ATTITUDE
180	180	Art. 42A.605. PLACEMENT IN COMMUNITY SERVICE PROJECT
181	181	Art. 42A.606. CONFINEMENT REQUIRED; EXCEPTIONS
182	182	Art. 42A.607. DISPOSITION OF SALARY
183	183	SUBCHAPTER N. PAYMENTS; FEES
184	184	Art. 42A.651. PAYMENT AS CONDITION OF COMMUNITY
185	185	SUPERVISION
186	186	Art. 42A.652. MONTHLY FEE
187	187	Art. 42A.653. ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
188	188	OFFENDERS
189	189	Art. 42A.654. FEES DUE ON CONVICTION
190	190	Art. 42A.655. ABILITY TO PAY
191	191	SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
192	192	PERIOD
193	193	Art. 42A.701. REDUCTION OR TERMINATION OF COMMUNITY
194	194	SUPERVISION PERIOD
195	195	Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN
196	196	CONDITIONS OF COMMUNITY SUPERVISION
197	197	SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
198	198	Art. 42A.751. VIOLATION OF CONDITIONS OF COMMUNITY
199	199	SUPERVISION; DETENTION AND HEARING
200	200	Art. 42A.752. CONTINUATION OR MODIFICATION OF
201	201	COMMUNITY SUPERVISION AFTER VIOLATION
202	202	Art. 42A.753. EXTENSION OF COMMUNITY SUPERVISION AFTER
203	203	VIOLATION
204	204	Art. 42A.754. AUTHORITY TO REVOKE COMMUNITY
205	205	SUPERVISION
206	206	Art. 42A.755. REVOCATION OF COMMUNITY SUPERVISION
207	207	Art. 42A.756. DUE DILIGENCE DEFENSE
208	208	Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR
209	209	CERTAIN SEX OFFENDERS
210	210	CHAPTER 42A. COMMUNITY SUPERVISION
211	211	SUBCHAPTER A. GENERAL PROVISIONS
212	212	Art. 42A.001. DEFINITIONS. In this chapter:
213	213	(1) "Community supervision" means the placement of a
214	214	defendant by a court under a continuum of programs and sanctions,
215	215	with conditions imposed by the court for a specified period during
216	216	which:
217	217	(A) criminal proceedings are deferred without an
218	218	adjudication of guilt; or
219	219	(B) a sentence of imprisonment or confinement,
220	220	imprisonment and fine, or confinement and fine, is probated and the
221	221	imposition of sentence is suspended in whole or in part.
222	222	(2) "Court" means a court of record having original
223	223	criminal jurisdiction.
224	224	(3) "Electronic monitoring" includes voice tracking
225	225	systems, position tracking systems, position location systems,
226	226	biometric tracking systems, and any other electronic or
227	227	telecommunications system that may be used to assist in the
228	228	supervision of defendants under this chapter.
229	229	(4) "Supervision officer" means a person appointed or
230	230	employed under Section 76.004, Government Code, to supervise
231	231	defendants placed on community supervision. (Code Crim. Proc.,
232	232	Art. 42.12, Sec. 2.)
233	233	SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
234	234	Art. 42A.051. AUTHORITY TO GRANT COMMUNITY SUPERVISION,
235	235	IMPOSE OR MODIFY CONDITIONS, OR DISCHARGE DEFENDANT. (a) Unless
236	236	the judge has transferred jurisdiction of the case to another court
237	237	under Article 42A.151, only the court in which the defendant was
238	238	tried may:
239	239	(1) grant community supervision;
240	240	(2) impose conditions; or
241	241	(3) discharge the defendant.
242	242	(b) The judge of the court having jurisdiction of the case
243	243	may, at any time during the period of community supervision, modify
244	244	the conditions of community supervision. Except as provided by
245	245	Article 42A.052(a), only the judge may modify the conditions.
246	246	(Code Crim. Proc., Art. 42.12, Secs. 10(a) (part), 11(a) (part).)
247	247	Art. 42A.052. MODIFICATION OF CONDITIONS BY SUPERVISION
248	248	OFFICER OR MAGISTRATE. (a) A judge who places a defendant on
249	249	community supervision may authorize the supervision officer
250	250	supervising the defendant or a magistrate appointed by the district
251	251	courts in the county that give preference to criminal cases to
252	252	modify the conditions of community supervision for the limited
253	253	purpose of transferring the defendant to different programs within
254	254	the community supervision continuum of programs and sanctions.
255	255	(b) A supervision officer or magistrate who modifies the
256	256	conditions of community supervision shall:
257	257	(1) deliver a copy of the modified conditions to the
258	258	defendant;
259	259	(2) file a copy of the modified conditions with the
260	260	sentencing court; and
261	261	(3) note the date of delivery of the copy in the
262	262	defendant's file.
263	263	(c) If the defendant agrees to the modification in writing,
264	264	the officer or magistrate shall file a copy of the modified
265	265	conditions with the district clerk and the conditions shall be
266	266	enforced as modified. If the defendant does not agree to the
267	267	modification in writing, the supervision officer or magistrate
268	268	shall refer the case to the judge for modification in the manner
269	269	provided by Article 42A.752. (Code Crim. Proc., Art. 42.12, Secs.
270	270	10(d), (e).)
271	271	Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION. (a) A
272	272	judge, in the best interest of justice, the public, and the
273	273	defendant, after conviction or a plea of guilty or nolo contendere,
274	274	may:
275	275	(1) suspend the imposition of the sentence and place
276	276	the defendant on community supervision; or
277	277	(2) impose a fine applicable to the offense and place
278	278	the defendant on community supervision.
279	279	(b) A judge may not deny community supervision to a
280	280	defendant based solely on the defendant's inability to speak, read,
281	281	write, hear, or understand English.
282	282	(c) A defendant is not eligible for community supervision
283	283	under this article if the defendant is sentenced to serve:
284	284	(1) a term of imprisonment that exceeds 10 years; or
285	285	(2) a term of confinement under Section 12.35, Penal
286	286	Code.
287	287	(d) In a felony case:
288	288	(1) the minimum period of community supervision is the
289	289	same as the minimum term of imprisonment applicable to the offense;
290	290	and
291	291	(2) the maximum period of community supervision is:
292	292	(A) 10 years, for a felony other than a third
293	293	degree felony described by Paragraph (B); and
294	294	(B) five years, for any of the following third
295	295	degree felonies:
296	296	(i) a third degree felony under Title 7,
297	297	Penal Code; and
298	298	(ii) a third degree felony under Chapter
299	299	481, Health and Safety Code.
300	300	(e) Notwithstanding Subsection (d), the minimum period of
301	301	community supervision under this article for a felony described by
302	302	Article 42A.453(b) is five years.
303	303	(f) The maximum period of community supervision in a
304	304	misdemeanor case is two years.
305	305	(g) Notwithstanding Subsection (d)(2) or (f), a judge may
306	306	extend the maximum period of community supervision in the manner
307	307	provided by Article 42A.753 or 42A.757. (Code Crim. Proc., Art.
308	308	42.12, Secs. 3(a), (b), (c), (d), (e), (f), (g).)
309	309	Art. 42A.054. LIMITATION ON JUDGE-ORDERED COMMUNITY
310	310	SUPERVISION. (a) Article 42A.053 does not apply to a defendant
311	311	adjudged guilty of an offense under:
312	312	(1) Section 15.03, Penal Code, if the offense is
313	313	punishable as a felony of the first degree;
314	314	(2) Section 19.02, Penal Code (Murder);
315	315	(3) Section 19.03, Penal Code (Capital Murder);
316	316	(4) Section 20.04, Penal Code (Aggravated
317	317	Kidnapping);
318	318	(5) Section 20A.02, Penal Code (Trafficking of
319	319	Persons);
320	320	(6) Section 21.11(a)(1), Penal Code (Indecency with a
321	321	Child);
322	322	(7) Section 22.011, Penal Code (Sexual Assault);
323	323	(8) Section 22.021, Penal Code (Aggravated Sexual
324	324	Assault);
325	325	(9) Section 22.04(a)(1), Penal Code (Injury to a
326	326	Child, Elderly Individual, or Disabled Individual), if:
327	327	(A) the offense is punishable as a felony of the
328	328	first degree; and
329	329	(B) the victim of the offense is a child;
330	330	(10) Section 29.03, Penal Code (Aggravated Robbery);
331	331	(11) Section 30.02, Penal Code (Burglary), if:
332	332	(A) the offense is punishable under Subsection
333	333	(d) of that section; and
334	334	(B) the actor committed the offense with the
335	335	intent to commit a felony under Section 21.02, 21.11, 22.011,
336	336	22.021, or 25.02, Penal Code;
337	337	(12) Section 43.05, Penal Code (Compelling
338	338	Prostitution);
339	339	(13) Section 43.25, Penal Code (Sexual Performance by
340	340	a Child); or
341	341	(14) Chapter 481, Health and Safety Code, for which
342	342	punishment is increased under:
343	343	(A) Section 481.140 of that code (Use of Child in
344	344	Commission of Offense); or
345	345	(B) Section 481.134(c), (d), (e), or (f) of that
346	346	code (Drug-free Zones) if it is shown that the defendant has been
347	347	previously convicted of an offense for which punishment was
348	348	increased under any of those subsections.
349	349	(b) Article 42A.053 does not apply to a defendant when it is
350	350	shown that:
351	351	(1) a deadly weapon as defined by Section 1.07, Penal
352	352	Code, was used or exhibited during the:
353	353	(A) commission of a felony offense; or
354	354	(B) immediate flight from the commission of a
355	355	felony offense; and
356	356	(2) the defendant:
357	357	(A) used or exhibited the deadly weapon; or
358	358	(B) was a party to the offense and knew that a
359	359	deadly weapon would be used or exhibited.
360	360	(c) On an affirmative finding regarding the use or
361	361	exhibition of a deadly weapon as described by Subsection (b), the
362	362	trial court shall enter the finding in the judgment of the court.
363	363	(d) On an affirmative finding that the deadly weapon under
364	364	Subsection (c) was a firearm, the court shall enter that finding in
365	365	its judgment. (Code Crim. Proc., Art. 42.12, Sec. 3g(a).)
366	366	Art. 42A.055. JURY-RECOMMENDED COMMUNITY SUPERVISION. (a)
367	367	A jury that imposes confinement as punishment for an offense may
368	368	recommend to the judge that the judge suspend the imposition of the
369	369	sentence and place the defendant on community supervision. A judge
370	370	shall suspend the imposition of the sentence and place the
371	371	defendant on community supervision if the jury makes that
372	372	recommendation in the verdict.
373	373	(b) A defendant is eligible for community supervision under
374	374	this article only if:
375	375	(1) before the trial begins, the defendant files a
376	376	written sworn motion with the judge that the defendant has not
377	377	previously been convicted of a felony in this or any other state;
378	378	and
379	379	(2) the jury enters in the verdict a finding that the
380	380	information contained in the defendant's motion is true.
381	381	(c) If the jury recommends to the judge that the judge place
382	382	the defendant on community supervision, the judge shall place the
383	383	defendant on community supervision for any period permitted under
384	384	Articles 42A.053(d) and (f), as appropriate.
385	385	(d) A judge may extend the maximum period of community
386	386	supervision in the manner provided by Article 42A.753 or 42A.757.
387	387	(Code Crim. Proc., Art. 42.12, Secs. 4(a), (b), (c), (d) (part),
388	388	(e).)
389	389	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
390	390	SUPERVISION. A defendant is not eligible for community supervision
391	391	under Article 42A.055 if the defendant:
392	392	(1) is sentenced to a term of imprisonment that
393	393	exceeds 10 years;
394	394	(2) is convicted of a state jail felony for which
395	395	suspension of the imposition of the sentence occurs automatically
396	396	under Article 42A.551;
397	397	(3) is adjudged guilty of an offense under Section
398	398	19.02, Penal Code;
399	399	(4) is convicted of an offense under Section
400	400	21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
401	401	offense was younger than 14 years of age at the time the offense was
402	402	committed;
403	403	(5) is convicted of an offense under Section 20.04,
404	404	Penal Code, if:
405	405	(A) the victim of the offense was younger than 14
406	406	years of age at the time the offense was committed; and
407	407	(B) the actor committed the offense with the
408	408	intent to violate or abuse the victim sexually;
409	409	(6) is convicted of an offense under Section 20A.02,
410	410	43.05, or 43.25, Penal Code; or
411	411	(7) is convicted of an offense for which punishment is
412	412	increased under Section 481.134(c), (d), (e), or (f), Health and
413	413	Safety Code, if it is shown that the defendant has been previously
414	414	convicted of an offense for which punishment was increased under
415	415	any of those subsections. (Code Crim. Proc., Art. 42.12, Sec. 4(d)
416	416	(part).)
417	417	Art. 42A.057. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
418	418	CERTAIN BURGLARIES OF VEHICLES. The minimum period of community
419	419	supervision for an offense under Section 30.04, Penal Code,
420	420	punishable as a Class A misdemeanor with a minimum term of
421	421	confinement of six months is one year. (Code Crim. Proc., Art.
422	422	42.12, Secs. 3(h), 4(f).)
423	423	SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
424	424	Art. 42A.101. PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY
425	425	SUPERVISION. (a) Except as provided by Article 42A.102(b), if in
426	426	the judge's opinion the best interest of society and the defendant
427	427	will be served, the judge may, after receiving a plea of guilty or
428	428	nolo contendere, hearing the evidence, and finding that it
429	429	substantiates the defendant's guilt, defer further proceedings
430	430	without entering an adjudication of guilt and place the defendant
431	431	on deferred adjudication community supervision.
432	432	(b) After placing the defendant on deferred adjudication
433	433	community supervision under Subsection (a), the judge shall inform
434	434	the defendant orally or in writing of the possible consequences
435	435	under Articles 42A.108 and 42A.110 of a violation of a condition of
436	436	deferred adjudication community supervision. If the information is
437	437	provided orally, the judge must record and maintain the judge's
438	438	statement to the defendant. The failure of a judge to inform a
439	439	defendant of possible consequences under Articles 42A.108 and
440	440	42A.110 is not a ground for reversal unless the defendant shows that
441	441	the defendant was harmed by the failure of the judge to provide the
442	442	information. (Code Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
443	443	Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
444	444	COMMUNITY SUPERVISION. (a) A judge may place on deferred
445	445	adjudication community supervision a defendant charged with an
446	446	offense under Section 21.11, 22.011, or 22.021, Penal Code,
447	447	regardless of the age of the victim, or a defendant charged with a
448	448	felony described by Article 42A.453(b) only if the judge makes a
449	449	finding in open court that placing the defendant on deferred
450	450	adjudication community supervision is in the best interest of the
451	451	victim. The failure of the judge to make a finding under this
452	452	subsection is not grounds for the defendant to set aside the plea,
453	453	deferred adjudication, or any subsequent conviction or sentence.
454	454	(b) In all other cases, the judge may grant deferred
455	455	adjudication community supervision unless:
456	456	(1) the defendant is charged with an offense:
457	457	(A) under Sections 49.04-49.08, Penal Code; or
458	458	(B) for which punishment may be increased under
459	459	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
460	460	is shown that the defendant has been previously convicted of an
461	461	offense for which punishment was increased under any one of those
462	462	subsections;
463	463	(2) the defendant:
464	464	(A) is charged with an offense under Section
465	465	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
466	466	victim, or a felony described by Article 42A.453(b); and
467	467	(B) has previously been placed on community
468	468	supervision for an offense under Paragraph (A);
469	469	(3) the defendant is charged with an offense under:
470	470	(A) Section 21.02, Penal Code; or
471	471	(B) Section 22.021, Penal Code, that is
472	472	punishable under Subsection (f) of that section or under Section
473	473	12.42(c)(3) or (4), Penal Code; or
474	474	(4) the defendant is charged with an offense under
475	475	Section 19.02, Penal Code, except that the judge may grant deferred
476	476	adjudication community supervision on determining that the
477	477	defendant did not cause the death of the deceased, did not intend to
478	478	kill the deceased or another, and did not anticipate that a human
479	479	life would be taken. (Code Crim. Proc., Art. 42.12, Secs. 5(a)
480	480	(part), (d).)
481	481	Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION COMMUNITY
482	482	SUPERVISION. (a) In a felony case, the period of deferred
483	483	adjudication community supervision may not exceed 10 years. For a
484	484	defendant charged with a felony under Section 21.11, 22.011, or
485	485	22.021, Penal Code, regardless of the age of the victim, and for a
486	486	defendant charged with a felony described by Article 42A.453(b),
487	487	the period of deferred adjudication community supervision may not
488	488	be less than five years.
489	489	(b) In a misdemeanor case, the period of deferred
490	490	adjudication community supervision may not exceed two years.
491	491	(c) A judge may extend the maximum period of deferred
492	492	adjudication community supervision in the manner provided by
493	493	Article 42A.753 or 42A.757. (Code Crim. Proc., Art. 42.12, Sec.
494	494	5(a) (part).)
495	495	Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION
496	496	COMMUNITY SUPERVISION; IMPOSITION OF FINE. (a) The judge may impose
497	497	a fine applicable to the offense and require any reasonable
498	498	condition of deferred adjudication community supervision that a
499	499	judge could impose on a defendant placed on community supervision
500	500	for a conviction that was probated and suspended, including:
501	501	(1) confinement; and
502	502	(2) mental health treatment under Article 42A.506.
503	503	(b) The provisions of Subchapter L specifying whether a
504	504	defendant convicted of a state jail felony is to be confined in a
505	505	county jail or state jail felony facility and establishing the
506	506	minimum and maximum terms of confinement as a condition of
507	507	community supervision apply in the same manner to a defendant
508	508	placed on deferred adjudication community supervision after
509	509	pleading guilty or nolo contendere to a state jail felony. (Code
510	510	Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
511	511	Art. 42A.105. AFFIRMATIVE FINDINGS. (a) If a judge places
512	512	on deferred adjudication community supervision a defendant charged
513	513	with a sexually violent offense, as defined by Article 62.001, the
514	514	judge shall make an affirmative finding of fact and file a statement
515	515	of that affirmative finding with the papers in the case if the judge
516	516	determines that the victim or intended victim was younger than 14
517	517	years of age at the time of the offense.
518	518	(b) If a judge places on deferred adjudication community
519	519	supervision a defendant charged with an offense under Section
520	520	20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
521	521	solicitation to commit one of those offenses, the judge shall make
522	522	an affirmative finding of fact and file a statement of that
523	523	affirmative finding with the papers in the case if the judge
524	524	determines that the victim or intended victim was younger than 17
525	525	years of age at the time of the offense.
526	526	(c) If a judge places on deferred adjudication community
527	527	supervision a defendant charged with an offense under Section 21.11
528	528	or 22.011, Penal Code, the judge shall make an affirmative finding
529	529	of fact and file a statement of that affirmative finding with the
530	530	papers in the case if the judge determines that:
531	531	(1) at the time of the offense, the defendant was not
532	532	more than four years older than the victim or intended victim and
533	533	the victim or intended victim was at least 15 years of age; and
534	534	(2) the charge to which the plea is entered under this
535	535	subchapter is based solely on the ages of the defendant and the
536	536	victim or intended victim at the time of the offense.
537	537	(d) If a judge places a defendant on deferred adjudication
538	538	community supervision, on the motion of the attorney representing
539	539	the state the judge shall make an affirmative finding of fact and
540	540	file a statement of that affirmative finding with the papers in the
541	541	case if the judge determines that, regardless of whether the
542	542	conduct at issue is the subject of the prosecution or part of the
543	543	same criminal episode as the conduct that is the subject of the
544	544	prosecution, a victim in the trial:
545	545	(1) is or has been a victim of a severe form of
546	546	trafficking in persons, as defined by 22 U.S.C. Section 7102(9); or
547	547	(2) has suffered substantial physical or mental abuse
548	548	as a result of having been a victim of criminal activity described
549	549	by 8 U.S.C. Section 1101(a)(15)(U)(iii).
550	550	(e) The part of the papers in the case containing an
551	551	affirmative finding under Subsection (d):
552	552	(1) must include specific information identifying the
553	553	victim, as available;
554	554	(2) may not include information identifying the
555	555	victim's location; and
556	556	(3) is confidential, unless written consent for the
557	557	release of the affirmative finding is obtained from the victim or,
558	558	if the victim is younger than 18 years of age, the victim's parent
559	559	or guardian. (Code Crim. Proc., Art. 42.12, Secs. 5(e), (g), (i),
560	560	(j).)
561	561	Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION
562	562	FOR ORDER OF NONDISCLOSURE. (a) Except as provided by Section
563	563	552.142, Government Code, a record in the custody of the court clerk
564	564	regarding a case in which a defendant is granted deferred
565	565	adjudication community supervision is not confidential.
566	566	(b) Before placing a defendant on deferred adjudication
567	567	community supervision, the court shall inform the defendant of the
568	568	defendant's right to petition the court for an order of
569	569	nondisclosure under Section 411.081, Government Code, unless the
570	570	defendant is ineligible to pursue that right because of:
571	571	(1) the nature of the offense for which the defendant
572	572	is placed on deferred adjudication community supervision; or
573	573	(2) the defendant's criminal history. (Code Crim.
574	574	Proc., Art. 42.12, Secs. 5(a-1), (f).)
575	575	Art. 42A.107. REQUEST FOR FINAL ADJUDICATION. On written
576	576	motion of the defendant requesting final adjudication that is filed
577	577	within 30 days after the entry of the defendant's plea and the
578	578	deferment of adjudication, the judge shall proceed to final
579	579	adjudication as in all other cases. (Code Crim. Proc., Art. 42.12,
580	580	Sec. 5(a) (part).)
581	581	Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED
582	582	ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of a
583	583	condition of deferred adjudication community supervision imposed
584	584	under Article 42A.104, the defendant may be arrested and detained
585	585	as provided in Article 42A.751.
586	586	(b) The defendant is entitled to a hearing limited to a
587	587	determination by the court of whether the court will proceed with an
588	588	adjudication of guilt on the original charge. The court may not
589	589	proceed with an adjudication of guilt on the original charge if the
590	590	court finds that the only evidence supporting the alleged violation
591	591	of a condition of deferred adjudication community supervision is
592	592	the uncorroborated results of a polygraph examination. The
593	593	determination to proceed with an adjudication of guilt on the
594	594	original charge is reviewable in the same manner as a revocation
595	595	hearing conducted under Article 42A.751(d) in a case in which the
596	596	adjudication of guilt was not deferred.
597	597	(c) A court retains jurisdiction to hold a hearing under
598	598	Subsection (b) and to proceed with an adjudication of guilt,
599	599	regardless of whether the period of deferred adjudication community
600	600	supervision imposed on the defendant has expired, if before the
601	601	expiration of the supervision period:
602	602	(1) the attorney representing the state files a motion
603	603	to proceed with the adjudication; and
604	604	(2) a capias is issued for the arrest of the defendant.
605	605	(Code Crim. Proc., Art. 42.12, Secs. 5(b) (part), (h).)
606	606	Art. 42A.109. DUE DILIGENCE DEFENSE. For the purposes of a
607	607	hearing under Article 42A.108, it is an affirmative defense to
608	608	revocation for an alleged violation based on a failure to report to
609	609	a supervision officer as directed or to remain within a specified
610	610	place that no supervision officer, peace officer, or other officer
611	611	with the power of arrest under a warrant issued by a judge for that
612	612	alleged violation contacted or attempted to contact the defendant
613	613	in person at the defendant's last known residence address or last
614	614	known employment address, as reflected in the files of the
615	615	department serving the county in which the order of deferred
616	616	adjudication community supervision was entered. (Code Crim. Proc.,
617	617	Art. 42.12, Sec. 24 (part).)
618	618	Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION. (a) After
619	619	an adjudication of guilt, all proceedings, including assessment of
620	620	punishment, pronouncement of sentence, granting of community
621	621	supervision, and defendant's appeal, continue as if the
622	622	adjudication of guilt had not been deferred.
623	623	(b) A court assessing punishment after an adjudication of
624	624	guilt of a defendant charged with a state jail felony may suspend
625	625	the imposition of the sentence and place the defendant on community
626	626	supervision or may order the sentence to be executed, regardless of
627	627	whether the defendant has previously been convicted of a felony.
628	628	(Code Crim. Proc., Art. 42.12, Sec. 5(b) (part).)
629	629	Art. 42A.111. DISMISSAL AND DISCHARGE. (a) On expiration of
630	630	a period of deferred adjudication community supervision imposed
631	631	under this subchapter, if the judge has not proceeded to an
632	632	adjudication of guilt, the judge shall dismiss the proceedings
633	633	against the defendant and discharge the defendant.
634	634	(b) The judge may dismiss the proceedings and discharge a
635	635	defendant before the expiration of the period of deferred
636	636	adjudication community supervision if, in the judge's opinion, the
637	637	best interest of society and the defendant will be served, except
638	638	that the judge may not dismiss the proceedings and discharge a
639	639	defendant charged with an offense requiring the defendant to
640	640	register as a sex offender under Chapter 62.
641	641	(c) Except as provided by Section 12.42(g), Penal Code, a
642	642	dismissal and discharge under this article may not be considered a
643	643	conviction for the purposes of disqualifications or disabilities
644	644	imposed by law for conviction of an offense.
645	645	(d) For any defendant who receives a dismissal and discharge
646	646	under this article:
647	647	(1) on conviction of a subsequent offense, the fact
648	648	that the defendant previously has received deferred adjudication
649	649	community supervision is admissible before the court or jury for
650	650	consideration on the issue of penalty;
651	651	(2) if the defendant is an applicant for or the holder
652	652	of a license under Chapter 42, Human Resources Code, the Department
653	653	of Family and Protective Services may consider the fact that the
654	654	defendant previously has received deferred adjudication community
655	655	supervision in issuing, renewing, denying, or revoking a license
656	656	under that chapter; and
657	657	(3) if the defendant is an applicant for or the holder
658	658	of a license to provide mental health or medical services for the
659	659	rehabilitation of sex offenders, the Council on Sex Offender
660	660	Treatment may consider the fact that the defendant previously has
661	661	received deferred adjudication community supervision in issuing,
662	662	renewing, denying, or revoking a license issued by that council.
663	663	(e) A judge who dismisses the proceedings against a
664	664	defendant and discharges the defendant under this article shall:
665	665	(1) provide the defendant with a copy of the order of
666	666	dismissal and discharge; and
667	667	(2) if applicable, inform the defendant of the
668	668	defendant's eligibility to petition the court for an order of
669	669	nondisclosure under Section 411.081, Government Code, and the
670	670	earliest date the defendant is eligible to file the petition for the
671	671	order of nondisclosure. (Code Crim. Proc., Art. 42.12, Secs. 5(c),
672	672	(c-1).)
673	673	SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
674	674	Art. 42A.151. TRANSFER OF JURISDICTION. (a) After a
675	675	defendant has been placed on community supervision, jurisdiction of
676	676	the case may be transferred to a court of the same rank in this state
677	677	that:
678	678	(1) has geographical jurisdiction where the
679	679	defendant:
680	680	(A) resides; or
681	681	(B) violates a condition of community
682	682	supervision; and
683	683	(2) consents to the transfer.
684	684	(b) On transfer, the clerk of the court of original
685	685	jurisdiction shall forward to the court accepting jurisdiction a
686	686	transcript of any portion of the record as the transferring judge
687	687	shall direct. The court accepting jurisdiction subsequently shall
688	688	proceed as if the defendant's trial and conviction had occurred in
689	689	that court. (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part),
690	690	(b).)
691	691	Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING
692	692	GEOGRAPHICAL JURISDICTION. (a) A judge of a court having
693	693	geographical jurisdiction where a defendant resides or where the
694	694	defendant violates a condition of community supervision may issue a
695	695	warrant for the defendant's arrest.
696	696	(b) Notwithstanding Subsection (a), the determination of
697	697	the action to be taken after the defendant's arrest may be made only
698	698	by the judge of the court having jurisdiction of the case at the
699	699	time the action is taken. (Code Crim. Proc., Art. 42.12, Sec.
700	700	10(c).)
701	701	Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE. (a)
702	702	If, for good and sufficient reasons, a defendant desires to change
703	703	the defendant's residence within the state, the change may be
704	704	effected by application to the supervising supervision officer.
705	705	(b) The change of residence is subject to:
706	706	(1) the judge's consent; and
707	707	(2) any regulations the judge may require in the
708	708	absence of a supervision officer in the locality to which the
709	709	defendant is transferred. (Code Crim. Proc., Art. 42.12, Sec.
710	710	17(a).)
711	711	Art. 42A.154. LEAVING THE STATE. A defendant who leaves the
712	712	state without permission of the judge having jurisdiction of the
713	713	case is:
714	714	(1) considered a fugitive from justice; and
715	715	(2) subject to extradition as provided by law. (Code
716	716	Crim. Proc., Art. 42.12, Sec. 17(b).)
717	717	SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
718	718	JURISDICTION
719	719	Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR
720	720	CASES. (a) For the purposes of this article, the jurisdiction of
721	721	the courts in this state in which a sentence requiring confinement
722	722	in a jail is imposed for conviction of a misdemeanor continues for
723	723	180 days from the date the execution of the sentence actually
724	724	begins.
725	725	(b) The judge of a court that imposed a sentence requiring
726	726	confinement in a jail for conviction of a misdemeanor may, on the
727	727	judge's own motion, on the motion of the attorney representing the
728	728	state, or on the written motion of the defendant, suspend further
729	729	execution of the sentence and place the defendant on community
730	730	supervision under the terms and conditions of this chapter if, in
731	731	the opinion of the judge, the defendant would not benefit from
732	732	further confinement.
733	733	(c) When the defendant files a written motion with the court
734	734	requesting suspension of further execution of the sentence and
735	735	placement on community supervision or when requested to do so by the
736	736	judge, the clerk of the court shall request a copy of the
737	737	defendant's record while confined from the agency operating the
738	738	jail in which the defendant is confined. On receipt of the request,
739	739	the agency shall forward a copy of the record to the court as soon as
740	740	possible.
741	741	(d) The judge may deny the motion without holding a hearing
742	742	but may not grant a motion without holding a hearing and allowing
743	743	the attorney representing the state and the defendant to present
744	744	evidence in the case. (Code Crim. Proc., Art. 42.12, Sec. 7.)
745	745	Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES. (a)
746	746	For the purposes of this article, the jurisdiction of a court
747	747	imposing a sentence requiring imprisonment in the Texas Department
748	748	of Criminal Justice for an offense other than a state jail felony
749	749	continues for 180 days from the date the execution of the sentence
750	750	actually begins.
751	751	(b) Before the expiration of the 180-day period described by
752	752	Subsection (a), the judge of the court that imposed the sentence
753	753	described by that subsection may, on the judge's own motion, on the
754	754	motion of the attorney representing the state, or on the written
755	755	motion of the defendant, suspend further execution of the sentence
756	756	and place the defendant on community supervision under the terms
757	757	and conditions of this chapter if:
758	758	(1) in the opinion of the judge, the defendant would
759	759	not benefit from further imprisonment;
760	760	(2) the defendant is otherwise eligible for community
761	761	supervision under this chapter; and
762	762	(3) the defendant had never before been incarcerated
763	763	in a penitentiary serving a sentence for a felony.
764	764	(c) When the defendant files a written motion requesting the
765	765	judge to suspend further execution of the sentence and place the
766	766	defendant on community supervision, the defendant shall
767	767	immediately deliver or cause to be delivered a copy of the motion to
768	768	the office of the attorney representing the state.
769	769	(d) When the defendant or the attorney representing the
770	770	state files a written motion requesting the judge to suspend
771	771	further execution of the sentence and place the defendant on
772	772	community supervision, and when requested to do so by the judge, the
773	773	clerk of the court shall request a copy of the defendant's record
774	774	while imprisoned from the Texas Department of Criminal Justice or,
775	775	if the defendant is confined in county jail, from the sheriff. On
776	776	receipt of the request, the Texas Department of Criminal Justice or
777	777	the sheriff shall forward a copy of the record to the judge as soon
778	778	as possible.
779	779	(e) The judge may deny the motion without holding a hearing
780	780	but may not grant the motion without holding a hearing and providing
781	781	the attorney representing the state and the defendant the
782	782	opportunity to present evidence on the motion. (Code Crim. Proc.,
783	783	Art. 42.12, Sec. 6.)
784	784	Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN
785	785	FELONY CASES. (a) Except as otherwise provided by Subsection (b),
786	786	only the judge who originally sentenced the defendant may suspend
787	787	execution of the sentence and place the defendant on community
788	788	supervision under Article 42A.202.
789	789	(b) If the judge who originally sentenced the defendant is
790	790	deceased or disabled or the office is vacant, and if a motion is
791	791	filed in accordance with Article 42A.202, the clerk of the court
792	792	shall promptly forward a copy of the motion to the presiding judge
793	793	of the administrative judicial district for that court. The
794	794	presiding judge may deny the motion without holding a hearing or may
795	795	appoint a judge to hold a hearing on the motion. (Code Crim. Proc.,
796	796	Art. 42.12, Sec. 10(a) (part).)
797	797	Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM USED
798	798	OR EXHIBITED. (a) If in the trial of a felony of the second degree
799	799	or higher there is an affirmative finding described by Article
800	800	42A.054(d) and the jury recommends that the court place the
801	801	defendant on community supervision, the court may order the
802	802	defendant imprisoned in the Texas Department of Criminal Justice
803	803	for not less than 60 and not more than 120 days.
804	804	(b) At any time after the defendant has served 60 days in the
805	805	custody of the Texas Department of Criminal Justice, the sentencing
806	806	judge, on the judge's own motion or on motion of the defendant, may
807	807	order the defendant released to community supervision.
808	808	(c) The department shall release the defendant to community
809	809	supervision after the defendant has served 120 days. (Code Crim.
810	810	Proc., Art. 42.12, Secs. 3g(b), 4(b) (part).)
811	811	SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
812	812	Art. 42A.251. DEFINITIONS. In this subchapter:
813	813	(1) "Council" means the Council on Sex Offender
814	814	Treatment.
815	815	(2) "Sex offender" means a person who has been
816	816	convicted of, or has entered a plea of guilty or nolo contendere
817	817	for, an offense under any one of the following provisions of the
818	818	Penal Code:
819	819	(A) Section 20.04(a)(4) (Aggravated Kidnapping),
820	820	if the person committed the offense with the intent to violate or
821	821	abuse the victim sexually;
822	822	(B) Section 21.08 (Indecent Exposure);
823	823	(C) Section 21.11 (Indecency with a Child);
824	824	(D) Section 22.011 (Sexual Assault);
825	825	(E) Section 22.021 (Aggravated Sexual Assault);
826	826	(F) Section 25.02 (Prohibited Sexual Conduct);
827	827	(G) Section 30.02 (Burglary), if:
828	828	(i) the offense is punishable under
829	829	Subsection (d) of that section; and
830	830	(ii) the person committed the offense with
831	831	the intent to commit a felony listed in this subdivision;
832	832	(H) Section 43.25 (Sexual Performance by a
833	833	Child); or
834	834	(I) Section 43.26 (Possession or Promotion of
835	835	Child Pornography). (Code Crim. Proc., Art. 42.12, Sec. 9A(a).)
836	836	Art. 42A.252. PRESENTENCE REPORT REQUIRED. (a) Except as
837	837	provided by Subsections (b) and (c), before the imposition of the
838	838	sentence by a judge, the judge shall direct a supervision officer to
839	839	prepare a presentence report for the judge.
840	840	(b) The judge is not required to direct a supervision
841	841	officer to prepare a presentence report in a misdemeanor case if:
842	842	(1) the defendant requests that a report not be made
843	843	and the judge agrees to the request; or
844	844	(2) the judge:
845	845	(A) finds that there is sufficient information in
846	846	the record to permit the meaningful exercise of sentencing
847	847	discretion; and
848	848	(B) explains that finding on the record.
849	849	(c) The judge is not required to direct a supervision
850	850	officer to prepare a presentence report in a felony case if:
851	851	(1) punishment is to be assessed by a jury;
852	852	(2) the defendant is convicted of or enters a plea of
853	853	guilty or nolo contendere to capital murder;
854	854	(3) the only available punishment is imprisonment; or
855	855	(4) the judge is informed that a plea bargain
856	856	agreement exists, under which the defendant agrees to a punishment
857	857	of imprisonment, and the judge intends to follow that agreement.
858	858	(Code Crim. Proc., Art. 42.12, Secs. 9(a) (part), (b), (g).)
859	859	Art. 42A.253. CONTENTS OF PRESENTENCE REPORT. (a) A
860	860	presentence report must be in writing and include:
861	861	(1) the circumstances of the offense with which the
862	862	defendant is charged;
863	863	(2) the amount of restitution necessary to adequately
864	864	compensate a victim of the offense;
865	865	(3) the criminal and social history of the defendant;
866	866	(4) a proposed supervision plan describing programs
867	867	and sanctions that the community supervision and corrections
868	868	department will provide the defendant if the judge suspends the
869	869	imposition of the sentence or grants deferred adjudication
870	870	community supervision;
871	871	(5) if the defendant is charged with a state jail
872	872	felony, recommendations for conditions of community supervision
873	873	that the community supervision and corrections department
874	874	considers advisable or appropriate based on the circumstances of
875	875	the offense and other factors addressed in the report;
876	876	(6) the results of a psychological evaluation of the
877	877	defendant that determines, at a minimum, the defendant's IQ and
878	878	adaptive behavior score if the defendant:
879	879	(A) is convicted of a felony offense; and
880	880	(B) appears to the judge, through the judge's own
881	881	observation or on the suggestion of a party, to have a mental
882	882	impairment;
883	883	(7) information regarding whether the defendant is a
884	884	current or former member of the state military forces or whether the
885	885	defendant currently serves or has previously served in the armed
886	886	forces of the United States in an active-duty status and, if
887	887	available, a copy of the defendant's military discharge papers and
888	888	military records;
889	889	(8) if the defendant has served in the armed forces of
890	890	the United States in an active-duty status, a determination as to
891	891	whether the defendant was deployed to a combat zone and whether the
892	892	defendant may suffer from post-traumatic stress disorder or a
893	893	traumatic brain injury; and
894	894	(9) any other information relating to the defendant or
895	895	the offense as requested by the judge.
896	896	(b) A presentence report is not required to contain a
897	897	sentencing recommendation. (Code Crim. Proc., Art. 42.12, Secs.
898	898	9(a) (part), (i), (l).)
899	899	Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF CONTENTS.
900	900	The judge may not inspect a presentence report and the contents of
901	901	the report may not be disclosed to any person unless:
902	902	(1) the defendant pleads guilty or nolo contendere or
903	903	is convicted of the offense; or
904	904	(2) the defendant, in writing, authorizes the judge to
905	905	inspect the report. (Code Crim. Proc., Art. 42.12, Sec. 9(c).)
906	906	Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT; ACCESS
907	907	TO INFORMATION BY STATE. (a) Unless waived by the defendant, at
908	908	least 48 hours before sentencing a defendant, the judge shall
909	909	permit the defendant or the defendant's attorney to read the
910	910	presentence report.
911	911	(b) The judge shall allow the defendant or the defendant's
912	912	attorney to comment on a presentence investigation or a
913	913	postsentence report and, with the approval of the judge, introduce
914	914	testimony or other information alleging a factual inaccuracy in the
915	915	investigation or report.
916	916	(c) The judge shall allow the attorney representing the
917	917	state access to any information made available to the defendant
918	918	under this article. (Code Crim. Proc., Art. 42.12, Secs. 9(d), (e),
919	919	(f).)
920	920	Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION
921	921	OFFICER; CONFIDENTIALITY OF REPORT. (a) The judge by order may
922	922	direct that any information and records that are not privileged and
923	923	that are relevant to a presentence or postsentence report be
924	924	released to a supervision officer conducting a presentence
925	925	investigation under this subchapter or preparing a postsentence
926	926	report under Article 42A.259. The judge may also issue a subpoena
927	927	to obtain that information.
928	928	(b) A presentence or postsentence report and all
929	929	information obtained in connection with a presentence
930	930	investigation or postsentence report are confidential and may be
931	931	released only as:
932	932	(1) provided by:
933	933	(A) Subsection (c);
934	934	(B) Article 42A.255;
935	935	(C) Article 42A.257;
936	936	(D) Article 42A.259; or
937	937	(E) Section 614.017, Health and Safety Code; or
938	938	(2) directed by the judge for the effective
939	939	supervision of the defendant.
940	940	(c) If the defendant is a sex offender, a supervision
941	941	officer may release information in a presentence or postsentence
942	942	report concerning the social and criminal history of the defendant
943	943	to a person who:
944	944	(1) is licensed or certified in this state to provide
945	945	mental health or medical services, including a:
946	946	(A) physician;
947	947	(B) psychiatrist;
948	948	(C) psychologist;
949	949	(D) licensed professional counselor;
950	950	(E) licensed marriage and family therapist; or
951	951	(F) certified social worker; and
952	952	(2) provides mental health or medical services for the
953	953	rehabilitation of the defendant. (Code Crim. Proc., Art. 42.12,
954	954	Secs. 9(j), 9A(b).)
955	955	Art. 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG
956	956	REHABILITATION. (a) The judge shall direct a supervision officer
957	957	approved by the community supervision and corrections department or
958	958	the judge, or a person, program, or other agency approved by the
959	959	Department of State Health Services, to conduct an evaluation to
960	960	determine the appropriateness of, and a course of conduct necessary
961	961	for, alcohol or drug rehabilitation for a defendant and to report
962	962	the results of that evaluation to the judge, if:
963	963	(1) the judge determines that alcohol or drug abuse
964	964	may have contributed to the commission of the offense; or
965	965	(2) the case involves a second or subsequent offense
966	966	under:
967	967	(A) Section 49.04, Penal Code, if the offense was
968	968	committed within five years of the date on which the most recent
969	969	preceding offense was committed; or
970	970	(B) Section 49.07 or 49.08, Penal Code, if the
971	971	offense involved the operation of a motor vehicle and was committed
972	972	within five years of the date on which the most recent preceding
973	973	offense was committed.
974	974	(b) The evaluation must be made:
975	975	(1) after arrest and before conviction, if requested
976	976	by the defendant;
977	977	(2) after conviction and before sentencing, if the
978	978	judge assesses punishment in the case;
979	979	(3) after sentencing and before the entry of a final
980	980	judgment, if the jury assesses punishment in the case; or
981	981	(4) after community supervision is granted, if the
982	982	evaluation is required as a condition of community supervision
983	983	under Article 42A.402. (Code Crim. Proc., Art. 42.12, Sec. 9(h).)
984	984	Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER
985	985	TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. (a) If the
986	986	defendant is a sex offender, the judge shall direct a supervision
987	987	officer approved by the community supervision and corrections
988	988	department or the judge, or a person, program, or other agency
989	989	approved by the council, to:
990	990	(1) evaluate the appropriateness of, and a course of
991	991	conduct necessary for, treatment, specialized supervision, or
992	992	rehabilitation of the defendant; and
993	993	(2) report the results of the evaluation to the judge.
994	994	(b) The judge may require the evaluation to use
995	995	offense-specific standards of practice adopted by the council and
996	996	may require the report to reflect those standards.
997	997	(c) The evaluation must be made:
998	998	(1) after arrest and before conviction, if requested
999	999	by the defendant; or
1000	1000	(2) after conviction and before the entry of a final
1001	1001	judgment. (Code Crim. Proc., Art. 42.12, Sec. 9A(c).)
1002	1002	Art. 42A.259. POSTSENTENCE REPORT. (a) If a presentence
1003	1003	report in a felony case is not required under Article 42A.252(c),
1004	1004	the judge may direct a supervision officer to prepare a
1005	1005	postsentence report containing the same information that would have
1006	1006	been required for the presentence report, other than a proposed
1007	1007	supervision plan and any information that is reflected in the
1008	1008	judgment.
1009	1009	(b) If a postsentence report is ordered, the supervision
1010	1010	officer shall send the report to the clerk of the court not later
1011	1011	than the 30th day after the date on which sentence is pronounced or
1012	1012	deferred adjudication community supervision is granted. The clerk
1013	1013	shall deliver the postsentence report with the papers in the case to
1014	1014	a designated officer of the Texas Department of Criminal Justice,
1015	1015	to the extent required by Section 8(a), Article 42.09. (Code Crim.
1016	1016	Proc., Art. 42.12, Sec. 9(k).)
1017	1017	SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
1018	1018	Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. The judge of
1019	1019	the court having jurisdiction of the case shall determine the
1020	1020	conditions of community supervision. The judge may impose any
1021	1021	reasonable condition that is designed to protect or restore the
1022	1022	community, protect or restore the victim, or punish, rehabilitate,
1023	1023	or reform the defendant. Conditions of community supervision may
1024	1024	include conditions requiring the defendant to:
1025	1025	(1) commit no offense against the laws of this state or
1026	1026	of any other state or of the United States;
1027	1027	(2) avoid injurious or vicious habits;
1028	1028	(3) avoid persons or places of disreputable or harmful
1029	1029	character, including any person, other than a family member of the
1030	1030	defendant, who is an active member of a criminal street gang;
1031	1031	(4) report to the supervision officer as directed by
1032	1032	the judge or supervision officer and obey all rules and regulations
1033	1033	of the community supervision and corrections department;
1034	1034	(5) permit the supervision officer to visit the
1035	1035	defendant at the defendant's home or elsewhere;
1036	1036	(6) work faithfully at suitable employment to the
1037	1037	extent possible;
1038	1038	(7) remain within a specified place;
1039	1039	(8) pay in one or more amounts:
1040	1040	(A) the defendant's fine, if one is assessed; and
1041	1041	(B) all court costs, regardless of whether a fine
1042	1042	is assessed;
1043	1043	(9) support the defendant's dependents;
1044	1044	(10) participate, for a period specified by the judge,
1045	1045	in any community-based program, including a community service
1046	1046	project under Article 42A.304;
1047	1047	(11) reimburse the county in which the prosecution was
1048	1048	instituted as follows:
1049	1049	(A) if counsel was appointed, an amount for
1050	1050	compensation paid to appointed counsel for defending the defendant
1051	1051	in the case; or
1052	1052	(B) if the defendant was represented by a public
1053	1053	defender's office, an amount that would have been paid to an
1054	1054	appointed attorney had the county not had a public defender's
1055	1055	office;
1056	1056	(12) if under custodial supervision in a community
1057	1057	corrections facility:
1058	1058	(A) remain under that supervision;
1059	1059	(B) obey all rules and regulations of the
1060	1060	facility; and
1061	1061	(C) pay a percentage of the defendant's income
1062	1062	to:
1063	1063	(i) the facility for room and board; and
1064	1064	(ii) the defendant's dependents for their
1065	1065	support during the period of custodial supervision;
1066	1066	(13) submit to testing for alcohol or controlled
1067	1067	substances;
1068	1068	(14) attend counseling sessions for substance abusers
1069	1069	or participate in substance abuse treatment services in a program
1070	1070	or facility approved or licensed by the Department of State Health
1071	1071	Services;
1072	1072	(15) with the consent of the victim of a misdemeanor
1073	1073	offense or of any offense under Title 7, Penal Code, participate in
1074	1074	victim-defendant mediation;
1075	1075	(16) submit to electronic monitoring;
1076	1076	(17) reimburse the compensation to victims of crime
1077	1077	fund for any amounts paid from that fund to or on behalf of a victim,
1078	1078	as defined by Article 56.32, of the offense or if no reimbursement
1079	1079	is required, make one payment to the compensation to victims of
1080	1080	crime fund in an amount not to exceed $50 if the offense is a
1081	1081	misdemeanor or not to exceed $100 if the offense is a felony;
1082	1082	(18) reimburse a law enforcement agency for the
1083	1083	analysis, storage, or disposal of raw materials, controlled
1084	1084	substances, chemical precursors, drug paraphernalia, or other
1085	1085	materials seized in connection with the offense;
1086	1086	(19) pay all or part of the reasonable and necessary
1087	1087	costs incurred by the victim for psychological counseling made
1088	1088	necessary by the offense or for counseling and education relating
1089	1089	to acquired immune deficiency syndrome or human immunodeficiency
1090	1090	virus made necessary by the offense;
1091	1091	(20) make one payment in an amount not to exceed $50 to
1092	1092	a crime stoppers organization, as defined by Section 414.001,
1093	1093	Government Code, and as certified by the Texas Crime Stoppers
1094	1094	Council;
1095	1095	(21) submit a DNA sample to the Department of Public
1096	1096	Safety under Subchapter G, Chapter 411, Government Code, for the
1097	1097	purpose of creating a DNA record of the defendant;
1098	1098	(22) in any manner required by the judge, provide in
1099	1099	the county in which the offense was committed public notice of the
1100	1100	offense for which the defendant was placed on community
1101	1101	supervision; and
1102	1102	(23) reimburse the county in which the prosecution was
1103	1103	instituted for compensation paid to any interpreter in the case.
1104	1104	(Code Crim. Proc., Art. 42.12, Sec. 11(a) (part).)
1105	1105	Art. 42A.302. CONFINEMENT. (a) If a judge having
1106	1106	jurisdiction of a case requires as a condition of community
1107	1107	supervision that the defendant submit to a term of confinement in a
1108	1108	county jail, the term of confinement may not exceed:
1109	1109	(1) 30 days, in a misdemeanor case; or
1110	1110	(2) 180 days, in a felony case.
1111	1111	(b) A judge who requires as a condition of community
1112	1112	supervision that the defendant serve a term of confinement in a
1113	1113	community corrections facility under Subchapter M may not impose a
1114	1114	term of confinement under this article that, if added to the term
1115	1115	imposed under Subchapter M, exceeds 24 months.
1116	1116	(c) A judge may impose a term of confinement as a condition
1117	1117	of community supervision under this article on placing the
1118	1118	defendant on supervision or at any time during the supervision
1119	1119	period. The judge may impose terms of confinement as a condition of
1120	1120	community supervision in increments smaller than the maximum terms
1121	1121	provided by Subsection (a), except that the judge may not impose
1122	1122	terms of confinement that, if added together, exceed the maximum
1123	1123	terms provided by Subsection (a). (Code Crim. Proc., Art. 42.12,
1124	1124	Sec. 12.)
1125	1125	Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a
1126	1126	court places a defendant on community supervision under any
1127	1127	provision of this chapter as an alternative to imprisonment, the
1128	1128	judge may require as a condition of community supervision that the
1129	1129	defendant serve a term of confinement and treatment in a substance
1130	1130	abuse felony punishment facility operated by the Texas Department
1131	1131	of Criminal Justice under Section 493.009, Government Code.
1132	1132	(b) A term of confinement and treatment imposed under this
1133	1133	article must be an indeterminate term of not more than one year or
1134	1134	less than 90 days.
1135	1135	(c) The judge may impose the condition of community
1136	1136	supervision described by this article if:
1137	1137	(1) the defendant is charged with or convicted of a
1138	1138	felony other than:
1139	1139	(A) a felony under Section 21.11, 22.011, or
1140	1140	22.021, Penal Code; or
1141	1141	(B) criminal attempt of a felony under Section
1142	1142	21.11, 22.011, or 22.021, Penal Code; and
1143	1143	(2) the judge makes an affirmative finding that:
1144	1144	(A) drug or alcohol abuse significantly
1145	1145	contributed to the commission of the offense or violation of a
1146	1146	condition of community supervision, as applicable; and
1147	1147	(B) the defendant is a suitable candidate for
1148	1148	treatment, as determined by the suitability criteria established by
1149	1149	the Texas Board of Criminal Justice under Section 493.009(b),
1150	1150	Government Code.
1151	1151	(d) If a judge requires as a condition of community
1152	1152	supervision that the defendant serve a term of confinement and
1153	1153	treatment in a substance abuse felony punishment facility under
1154	1154	this article, the judge shall also require as a condition of
1155	1155	community supervision that on release from the facility the
1156	1156	defendant:
1157	1157	(1) participate in a drug or alcohol abuse continuum
1158	1158	of care treatment plan; and
1159	1159	(2) pay a fee in an amount established by the judge for
1160	1160	residential aftercare required as part of the treatment plan.
1161	1161	(e) The Department of State Health Services shall develop
1162	1162	the continuum of care treatment plan described by Subsection
1163	1163	(d)(1).
1164	1164	(f) The clerk of a court that collects a fee imposed under
1165	1165	Subsection (d)(2) shall deposit the fee to be sent to the
1166	1166	comptroller as provided by Subchapter B, Chapter 133, Local
1167	1167	Government Code, and the comptroller shall deposit the fee into the
1168	1168	general revenue fund. If the clerk does not collect a fee imposed
1169	1169	under Subsection (d)(2), the clerk is not required to file any
1170	1170	report required by the comptroller that relates to the collection
1171	1171	of the fee. In establishing the amount of a fee under Subsection
1172	1172	(d)(2), the judge shall consider fines, fees, and other necessary
1173	1173	expenses for which the defendant is obligated. The judge may not:
1174	1174	(1) establish the fee in an amount that is greater than
1175	1175	25 percent of the defendant's gross income while the defendant is a
1176	1176	participant in residential aftercare; or
1177	1177	(2) require the defendant to pay the fee at any time
1178	1178	other than a time at which the defendant is both employed and a
1179	1179	participant in residential aftercare. (Code Crim. Proc., Art.
1180	1180	42.12, Sec. 14, as amended Acts 73rd Leg., R.S., Ch. 900; Acts 74th
1181	1181	Leg., R.S., Chs. 76, 321; Acts 76th Leg., R.S., Ch. 1188; Acts 78th
1182	1182	Leg., R.S., Chs. 209, 1310.)
1183	1183	Art. 42A.304. COMMUNITY SERVICE. (a) A judge may require
1184	1184	as a condition of community supervision that the defendant work a
1185	1185	specified number of hours at one or more community service projects
1186	1186	for one or more organizations approved by the judge and designated
1187	1187	by the department. The judge may not require the defendant to work
1188	1188	at a community service project if, as determined and noted on the
1189	1189	community supervision order by the judge:
1190	1190	(1) the defendant is physically or mentally incapable
1191	1191	of participating in the project;
1192	1192	(2) participating in the project will cause a hardship
1193	1193	to the defendant or to the defendant's dependents;
1194	1194	(3) the defendant is to be confined in a substance
1195	1195	abuse felony punishment facility as a condition of community
1196	1196	supervision; or
1197	1197	(4) there is other good cause shown.
1198	1198	(b) The amount of community service work ordered by the
1199	1199	judge may not exceed:
1200	1200	(1) 1,000 hours for an offense classified as a first
1201	1201	degree felony;
1202	1202	(2) 800 hours for an offense classified as a second
1203	1203	degree felony;
1204	1204	(3) 600 hours for:
1205	1205	(A) an offense classified as a third degree
1206	1206	felony; or
1207	1207	(B) an offense under Section 30.04, Penal Code,
1208	1208	classified as a Class A misdemeanor;
1209	1209	(4) 400 hours for an offense classified as a state jail
1210	1210	felony;
1211	1211	(5) 200 hours for:
1212	1212	(A) an offense classified as a Class A
1213	1213	misdemeanor, other than an offense described by Subdivision (3)(B);
1214	1214	or
1215	1215	(B) a misdemeanor for which the maximum
1216	1216	permissible confinement, if any, exceeds six months or the maximum
1217	1217	permissible fine, if any, exceeds $4,000; and
1218	1218	(6) 100 hours for:
1219	1219	(A) an offense classified as a Class B
1220	1220	misdemeanor; or
1221	1221	(B) a misdemeanor for which the maximum
1222	1222	permissible confinement, if any, does not exceed six months and the
1223	1223	maximum permissible fine, if any, does not exceed $4,000.
1224	1224	(c) A defendant required to perform community service under
1225	1225	this article is not a state employee for the purposes of Chapter 501
1226	1226	or 504, Labor Code.
1227	1227	(d) If the court makes an affirmative finding under Article
1228	1228	42.014, the judge may order the defendant to perform community
1229	1229	service under this article at a project designated by the judge that
1230	1230	primarily serves the person or group who was the target of the
1231	1231	defendant. If the judge orders community service under this
1232	1232	subsection, the judge shall order the defendant to perform not less
1233	1233	than:
1234	1234	(1) 300 hours of service if the offense is classified
1235	1235	as a felony; or
1236	1236	(2) 100 hours of service if the offense is classified
1237	1237	as a misdemeanor.
1238	1238	(e) A defendant required to perform community service under
1239	1239	this article after conviction of an offense under Section 352.082,
1240	1240	Local Government Code, shall perform 60 hours of service. The
1241	1241	community service must consist of picking up litter in the county in
1242	1242	which the defendant resides or working at a recycling facility if a
1243	1243	program for performing that type of service is available in the
1244	1244	community in which the court is located.
1245	1245	(f) The judge may order a defendant to make a specified
1246	1246	donation to a nonprofit food bank or food pantry in the community in
1247	1247	which the defendant resides instead of requiring the defendant to
1248	1248	work a specified number of hours at one or more community service
1249	1249	projects under Subsection (a). (Code Crim. Proc., Art. 42.12,
1250	1250	Secs. 16(a), (b), (c), (d), (e), (f).)
1251	1251	Art. 42A.305. COMMUNITY OUTREACH. (a) This article
1252	1252	applies only to a defendant placed on community supervision for an
1253	1253	offense involving the possession, manufacture, or delivery of a
1254	1254	controlled substance under Chapter 481, Health and Safety Code.
1255	1255	(b) If a judge orders a defendant to whom this article
1256	1256	applies to perform community service, the judge may authorize the
1257	1257	defendant to perform not more than 30 hours of community outreach
1258	1258	under this article instead of performing hours of community
1259	1259	service.
1260	1260	(c) Community outreach under this article must consist of
1261	1261	working with a secondary school at the direction of the judge to
1262	1262	educate students on the dangers and legal consequences of
1263	1263	possessing, manufacturing, or delivering a controlled substance.
1264	1264	(d) A secondary school is not required to allow a defendant
1265	1265	to perform community outreach at that school.
1266	1266	(e) The judge may not authorize the defendant to perform
1267	1267	hours of community outreach under this article instead of
1268	1268	performing hours of community service if:
1269	1269	(1) the defendant is physically or mentally incapable
1270	1270	of participating in community outreach; or
1271	1271	(2) the defendant is subject to registration as a sex
1272	1272	offender under Chapter 62. (Code Crim. Proc., Art. 42.12, Sec.
1273	1273	16(g).)
1274	1274	Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF STATE. A
1275	1275	judge who receives a defendant for supervision as authorized by
1276	1276	Section 510.017, Government Code, may impose on the defendant any
1277	1277	term of community supervision authorized by this chapter. (Code
1278	1278	Crim. Proc., Art. 42.12, Sec. 19(c) (part).)
1279	1279	Art. 42A.307. ORCHIECTOMY PROHIBITED. A judge may not
1280	1280	require a defendant to undergo an orchiectomy as a condition of
1281	1281	community supervision. (Code Crim. Proc., Art. 42.12, Sec. 11(f).)
1282	1282	SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY
1283	1283	Art. 42A.351. EDUCATIONAL SKILL LEVEL. (a) If the judge or
1284	1284	jury places a defendant on community supervision, the judge shall
1285	1285	require the defendant to demonstrate to the court whether the
1286	1286	defendant has an educational skill level that is equal to or greater
1287	1287	than the average educational skill level of students who have
1288	1288	completed the sixth grade in public schools in this state.
1289	1289	(b) If the judge determines that the defendant has not
1290	1290	attained the educational skill level described by Subsection (a),
1291	1291	the judge shall require as a condition of community supervision
1292	1292	that the defendant attain that level of educational skill, unless
1293	1293	the judge also determines that the defendant lacks the intellectual
1294	1294	capacity or the learning ability to ever achieve that level of
1295	1295	educational skill. (Code Crim. Proc., Art. 42.12, Sec. 11(c).)
1296	1296	Art. 42A.352. DNA SAMPLE. A judge granting community
1297	1297	supervision to a defendant convicted of a felony shall require as a
1298	1298	condition of community supervision that the defendant provide a DNA
1299	1299	sample under Subchapter G, Chapter 411, Government Code, for the
1300	1300	purpose of creating a DNA record of the defendant, unless the
1301	1301	defendant has already submitted the required sample under other
1302	1302	state law. (Code Crim. Proc., Art. 42.12, Sec. 11(j).)
1303	1303	SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
1304	1304	OFFENSES
1305	1305	Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY
1306	1306	SUPERVISION FOR CERTAIN INTOXICATION OFFENSES. (a) A judge
1307	1307	granting community supervision to a defendant convicted of an
1308	1308	offense under Chapter 49, Penal Code, shall require as a condition
1309	1309	of community supervision that the defendant submit to:
1310	1310	(1) not less than 72 hours of continuous confinement
1311	1311	in county jail if the defendant was punished under Section
1312	1312	49.09(a), Penal Code;
1313	1313	(2) not less than five days of confinement in county
1314	1314	jail if the defendant was punished under Section 49.09(a), Penal
1315	1315	Code, and was subject to Section 49.09(h), Penal Code;
1316	1316	(3) not less than 10 days of confinement in county jail
1317	1317	if the defendant was punished under Section 49.09(b), Penal Code;
1318	1318	(4) not less than 30 days of confinement in county jail
1319	1319	if the defendant was convicted of an offense under Section 49.07,
1320	1320	Penal Code; or
1321	1321	(5) a term of confinement of not less than 120 days if
1322	1322	the defendant was convicted of an offense under Section 49.08,
1323	1323	Penal Code.
1324	1324	(b) If a sentence of confinement is imposed on the
1325	1325	revocation of community supervision, the term of confinement served
1326	1326	under Subsection (a) may not be credited toward completion of the
1327	1327	sentence imposed. (Code Crim. Proc., Art. 42.12, Secs. 13(a)
1328	1328	(part), (b), (e).)
1329	1329	Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION AND
1330	1330	REHABILITATION. (a) A judge granting community supervision to a
1331	1331	defendant convicted of an offense under Chapter 49, Penal Code,
1332	1332	shall require as a condition of community supervision that the
1333	1333	defendant submit to an evaluation by a supervision officer or by a
1334	1334	person, program, or facility approved by the Department of State
1335	1335	Health Services for the purpose of having the facility prescribe
1336	1336	and carry out a course of conduct necessary for the rehabilitation
1337	1337	of the defendant's drug or alcohol dependence condition.
1338	1338	(b) If the director of a facility to which a defendant is
1339	1339	referred under Subsection (a) determines that the defendant is not
1340	1340	making a good faith effort to participate in a program of
1341	1341	rehabilitation, the director shall notify the judge who referred
1342	1342	the defendant to the facility of that determination.
1343	1343	(c) If a judge requires as a condition of community
1344	1344	supervision that the defendant participate in a prescribed course
1345	1345	of conduct necessary for the rehabilitation of the defendant's drug
1346	1346	or alcohol dependence condition, the judge shall require that the
1347	1347	defendant pay for all or part of the cost of the rehabilitation
1348	1348	based on the defendant's ability to pay. The judge, in the judge's
1349	1349	discretion, may credit against the fine assessed the cost paid by
1350	1350	the defendant. In determining a defendant's ability to pay the cost
1351	1351	of rehabilitation under this subsection, the judge shall consider
1352	1352	whether the defendant has insurance coverage that will pay for
1353	1353	rehabilitation.
1354	1354	(d) A judge who grants community supervision to a defendant
1355	1355	convicted of an offense under Sections 49.04-49.08, Penal Code,
1356	1356	shall require, if the defendant has not submitted to an evaluation
1357	1357	under Article 42A.257 before receiving community supervision, that
1358	1358	the defendant submit to the evaluation as a condition of community
1359	1359	supervision. If the evaluation indicates to the judge that the
1360	1360	defendant needs treatment for drug or alcohol dependency, the judge
1361	1361	shall require the defendant to submit to that treatment as a
1362	1362	condition of community supervision in a program or facility that:
1363	1363	(1) is approved or licensed by the Department of State
1364	1364	Health Services; or
1365	1365	(2) complies with standards established by the
1366	1366	community justice assistance division of the Texas Department of
1367	1367	Criminal Justice, after consultation by the division with the
1368	1368	Department of State Health Services. (Code Crim. Proc., Art.
1369	1369	42.12, Secs. 13(a) (part), (c), (d), (f).)
1370	1370	Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
1371	1371	OFFENDERS; WAIVER OR EXTENSION OF TIME. (a) A judge who places on
1372	1372	community supervision a defendant convicted of an offense under
1373	1373	Sections 49.04-49.08, Penal Code, shall require as a condition of
1374	1374	community supervision that the defendant attend and successfully
1375	1375	complete, before the 181st day after the date community supervision
1376	1376	is granted, an educational program designed to rehabilitate persons
1377	1377	who have driven while intoxicated that is jointly approved by:
1378	1378	(1) the Department of State Health Services;
1379	1379	(2) the Department of Public Safety;
1380	1380	(3) the traffic safety section of the traffic
1381	1381	operations division of the Texas Department of Transportation; and
1382	1382	(4) the community justice assistance division of the
1383	1383	Texas Department of Criminal Justice.
1384	1384	(b) This article does not apply to a defendant if a jury
1385	1385	recommends community supervision for the defendant and also
1386	1386	recommends that the defendant's driver's license not be suspended.
1387	1387	(c) If the defendant by a motion in writing shows good
1388	1388	cause, the judge may:
1389	1389	(1) waive the educational program requirement; or
1390	1390	(2) to enable the defendant to successfully complete
1391	1391	the program, grant an extension of time that expires not later than
1392	1392	the first anniversary of the beginning date of the defendant's
1393	1393	community supervision.
1394	1394	(d) In determining good cause, the judge may consider but is
1395	1395	not limited to:
1396	1396	(1) the defendant's school and work schedule;
1397	1397	(2) the defendant's health;
1398	1398	(3) the distance that the defendant must travel to
1399	1399	attend an educational program; and
1400	1400	(4) the fact that the defendant resides out of state,
1401	1401	does not have a valid driver's license, or does not have access to
1402	1402	transportation.
1403	1403	(e) The judge shall set out the finding of good cause for
1404	1404	waiver in the judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(h)
1405	1405	(part).)
1406	1406	Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
1407	1407	INTOXICATION OFFENDERS; WAIVER. (a) The judge shall require a
1408	1408	defendant who is punished under Section 49.09, Penal Code, to
1409	1409	attend and successfully complete as a condition of community
1410	1410	supervision an educational program for repeat offenders that is
1411	1411	approved by the Department of State Health Services.
1412	1412	(b) The judge may waive the educational program requirement
1413	1413	only if the defendant by a motion in writing shows good cause. In
1414	1414	determining good cause, the judge may consider:
1415	1415	(1) the defendant's school and work schedule;
1416	1416	(2) the defendant's health;
1417	1417	(3) the distance that the defendant must travel to
1418	1418	attend an educational program; and
1419	1419	(4) whether the defendant resides out of state or does
1420	1420	not have access to transportation.
1421	1421	(c) The judge shall set out the finding of good cause in the
1422	1422	judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(j) (part).)
1423	1423	Art. 42A.405. RULES FOR AND ADMINISTRATION OF EDUCATIONAL
1424	1424	PROGRAMS. (a) The Health and Human Services Commission shall adopt
1425	1425	rules for the educational program under Article 42A.404.
1426	1426	(b) The Department of State Health Services shall:
1427	1427	(1) publish the jointly approved rules for the
1428	1428	educational program under Article 42A.403; and
1429	1429	(2) monitor, coordinate, and provide training to
1430	1430	persons providing the educational programs under this subchapter.
1431	1431	(c) The Department of State Health Services is responsible
1432	1432	for the administration of the certification of approved educational
1433	1433	programs.
1434	1434	(d) The Department of State Health Services may charge a
1435	1435	nonrefundable application fee for the initial certification of
1436	1436	approval or for a renewal of the certification. (Code Crim. Proc.,
1437	1437	Art. 42.12, Secs. 13(h) (part), (j) (part).)
1438	1438	Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
1439	1439	DRIVING RECORD AND LICENSE. (a) If a defendant is required as a
1440	1440	condition of community supervision to attend an educational program
1441	1441	under Article 42A.403 or 42A.404, or if the court waives the
1442	1442	educational program requirement under Article 42A.403, the court
1443	1443	clerk shall immediately report that fact to the Department of
1444	1444	Public Safety, on a form prescribed by the department, for
1445	1445	inclusion in the defendant's driving record. If the court grants an
1446	1446	extension of time in which the defendant may complete the
1447	1447	educational program under Article 42A.403, the court clerk shall
1448	1448	immediately report that fact to the Department of Public Safety on a
1449	1449	form prescribed by the department. The clerk's report under this
1450	1450	subsection must include the beginning date of the defendant's
1451	1451	community supervision.
1452	1452	(b) On the defendant's successful completion of an
1453	1453	educational program under Article 42A.403 or 42A.404, the
1454	1454	defendant's instructor shall give notice to the Department of
1455	1455	Public Safety for inclusion in the defendant's driving record and
1456	1456	to the community supervision and corrections department. The
1457	1457	community supervision and corrections department shall forward the
1458	1458	notice to the court clerk for filing.
1459	1459	(c) If the Department of Public Safety does not receive
1460	1460	notice that a defendant required to complete an educational program
1461	1461	has successfully completed the program within the period required
1462	1462	by the judge under this subchapter, as shown on department records,
1463	1463	the department, as provided by Sections 521.344(e) and (f),
1464	1464	Transportation Code, shall:
1465	1465	(1) revoke the defendant's driver's license; or
1466	1466	(2) prohibit the defendant from obtaining a license.
1467	1467	(d) The Department of Public Safety may not reinstate a
1468	1468	license revoked under Subsection (c) as the result of an
1469	1469	educational program requirement imposed under Article 42A.403
1470	1470	unless the defendant whose license was revoked applies to the
1471	1471	department for reinstatement of the license and pays to the
1472	1472	department a reinstatement fee of $100. The Department of Public
1473	1473	Safety shall remit all fees collected under this subsection to the
1474	1474	comptroller for deposit in the general revenue fund. (Code Crim.
1475	1475	Proc., Art. 42.12, Secs. 13(h) (part), (j) (part).)
1476	1476	Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE. (a) A jury
1477	1477	that recommends community supervision for a defendant convicted of
1478	1478	an offense under Sections 49.04-49.08, Penal Code, may recommend
1479	1479	that any driver's license issued to the defendant under Chapter
1480	1480	521, Transportation Code, not be suspended. This subsection does
1481	1481	not apply to a defendant punished under Section 49.09(a) or (b),
1482	1482	Penal Code, and subject to Section 49.09(h), Penal Code.
1483	1483	(b) Notwithstanding Sections 521.344(d)-(i),
1484	1484	Transportation Code, if under Article 42A.404 the judge requires a
1485	1485	defendant punished under Section 49.09, Penal Code, to attend an
1486	1486	educational program as a condition of community supervision, or
1487	1487	waives the required attendance for the program, and the defendant
1488	1488	has previously been required to attend such an educational program,
1489	1489	or the required attendance at the program had been waived, the judge
1490	1490	shall order the suspension of the defendant's driver's license for a
1491	1491	period determined by the judge according to the following schedule:
1492	1492	(1) not less than 90 days or more than one year, if the
1493	1493	defendant is convicted under Sections 49.04-49.08, Penal Code;
1494	1494	(2) not less than 180 days or more than two years, if
1495	1495	the defendant is punished under Section 49.09(a) or (b), Penal
1496	1496	Code; or
1497	1497	(3) not less than one year or more than two years, if
1498	1498	the defendant is convicted of a second or subsequent offense under
1499	1499	Sections 49.04-49.08, Penal Code, committed within five years of
1500	1500	the date on which the most recent preceding offense was committed.
1501	1501	(c) If the Department of Public Safety receives notice that
1502	1502	a defendant has been required to attend a subsequent educational
1503	1503	program under Article 42A.403 or 42A.404, although the previously
1504	1504	required attendance had been waived, but the judge has not ordered a
1505	1505	period of suspension, the department shall:
1506	1506	(1) suspend the defendant's driver's license; or
1507	1507	(2) issue an order prohibiting the defendant from
1508	1508	obtaining a license for a period of one year.
1509	1509	(d) The judge shall suspend the defendant's driver's license
1510	1510	for a period provided under Subchapter O, Chapter 521,
1511	1511	Transportation Code, if:
1512	1512	(1) a judge revokes the community supervision of the
1513	1513	defendant for:
1514	1514	(A) an offense under Section 49.04, Penal Code;
1515	1515	or
1516	1516	(B) an offense involving the operation of a motor
1517	1517	vehicle under Section 49.07, Penal Code; and
1518	1518	(2) the license has not previously been ordered by the
1519	1519	judge to be suspended, or the suspension was previously probated.
1520	1520	(e) The suspension of a defendant's driver's license under
1521	1521	Subsection (d) shall be reported to the Department of Public Safety
1522	1522	as provided under Section 521.347, Transportation Code.
1523	1523	(f) Notwithstanding any other provision of this subchapter
1524	1524	or other law, a judge who places on community supervision a
1525	1525	defendant who was younger than 21 years of age at the time of the
1526	1526	offense and was convicted for an offense under Sections
1527	1527	49.04-49.08, Penal Code, shall order that the defendant's driver's
1528	1528	license be suspended for 90 days beginning on the date the defendant
1529	1529	is placed on community supervision. (Code Crim. Proc., Art. 42.12,
1530	1530	Secs. 13(g), (k), (l), (m), (n) (part).)
1531	1531	Art. 42A.408. USE OF IGNITION INTERLOCK DEVICE. (a) In
1532	1532	this article, "ignition interlock device" means a device that uses
1533	1533	a deep-lung breath analysis mechanism to make impractical the
1534	1534	operation of the motor vehicle if ethyl alcohol is detected in the
1535	1535	breath of the operator.
1536	1536	(b) The court may require as a condition of community
1537	1537	supervision that a defendant placed on community supervision after
1538	1538	conviction of an offense under Sections 49.04-49.08, Penal Code,
1539	1539	have an ignition interlock device installed on the motor vehicle
1540	1540	owned by the defendant or on the vehicle most regularly driven by
1541	1541	the defendant and that the defendant not operate any motor vehicle
1542	1542	that is not equipped with that device.
1543	1543	(c) The court shall require as a condition of community
1544	1544	supervision that a defendant described by Subsection (b) have an
1545	1545	ignition interlock device installed on the motor vehicle owned by
1546	1546	the defendant or on the vehicle most regularly driven by the
1547	1547	defendant and that the defendant not operate any motor vehicle
1548	1548	unless the vehicle is equipped with that device if:
1549	1549	(1) it is shown on the trial of the offense that an
1550	1550	analysis of a specimen of the defendant's blood, breath, or urine
1551	1551	showed an alcohol concentration level of 0.15 or more at the time
1552	1552	the analysis was performed;
1553	1553	(2) the defendant is placed on community supervision
1554	1554	after conviction of an offense under Sections 49.04-49.06, Penal
1555	1555	Code, for which the defendant is punished under Section 49.09(a) or
1556	1556	(b), Penal Code; or
1557	1557	(3) the court determines under Subsection (d) that the
1558	1558	defendant has one or more previous convictions under Sections
1559	1559	49.04-49.08, Penal Code.
1560	1560	(d) Before placing on community supervision a defendant
1561	1561	convicted of an offense under Sections 49.04-49.08, Penal Code, the
1562	1562	court shall determine from criminal history record information
1563	1563	maintained by the Department of Public Safety whether the defendant
1564	1564	has one or more previous convictions under any of those sections. A
1565	1565	previous conviction may not be used for purposes of restricting a
1566	1566	defendant to the operation of a motor vehicle equipped with an
1567	1567	ignition interlock device under Subsection (c) if:
1568	1568	(1) the previous conviction was a final conviction
1569	1569	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
1570	1570	Code, and was for an offense committed before the beginning of the
1571	1571	10-year period preceding the date of the instant offense for which
1572	1572	the defendant was convicted and placed on community supervision;
1573	1573	and
1574	1574	(2) the defendant has not been convicted of an offense
1575	1575	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
1576	1576	Code, committed within the 10-year period preceding the date of the
1577	1577	instant offense for which the defendant was convicted and placed on
1578	1578	community supervision.
1579	1579	(e) Notwithstanding any other provision of this subchapter
1580	1580	or other law, a judge who places on community supervision a
1581	1581	defendant who was younger than 21 years of age at the time of the
1582	1582	offense and was convicted for an offense under Sections
1583	1583	49.04-49.08, Penal Code, shall require as a condition of community
1584	1584	supervision that the defendant not operate any motor vehicle unless
1585	1585	the vehicle is equipped with an ignition interlock device.
1586	1586	(f) The court shall require the defendant to obtain an
1587	1587	ignition interlock device at the defendant's own cost before the
1588	1588	30th day after the date of conviction unless the court finds that to
1589	1589	do so would not be in the best interest of justice and enters its
1590	1590	findings on record. The court shall require the defendant to
1591	1591	provide evidence to the court within the 30-day period that the
1592	1592	device has been installed on the appropriate vehicle and order the
1593	1593	device to remain installed on that vehicle for a period the length
1594	1594	of which is not less than 50 percent of the supervision period. If
1595	1595	the court determines the defendant is unable to pay for the ignition
1596	1596	interlock device, the court may impose a reasonable payment
1597	1597	schedule not to exceed twice the length of the period of the court's
1598	1598	order.
1599	1599	(g) The Department of Public Safety shall approve ignition
1600	1600	interlock devices for use under this article. Section 521.247,
1601	1601	Transportation Code, applies to the approval of a device under this
1602	1602	article and the consequences of that approval.
1603	1603	(h) Notwithstanding any other provision of this subchapter,
1604	1604	if a defendant is required to operate a motor vehicle in the course
1605	1605	and scope of the defendant's employment and if the vehicle is owned
1606	1606	by the employer, the defendant may operate that vehicle without
1607	1607	installation of an approved ignition interlock device if the
1608	1608	employer has been notified of that driving privilege restriction
1609	1609	and if proof of that notification is with the vehicle. The
1610	1610	employment exemption does not apply if the business entity that
1611	1611	owns the vehicle is owned or controlled by the defendant. (Code
1612	1612	Crim. Proc., Art. 42.12, Secs. 13(i) (part), (n) (part).)
1613	1613	Art. 42A.409. COMMUNITY SUPERVISION FOR ENHANCED PUBLIC
1614	1614	INTOXICATION OFFENSE. (a) On conviction of an offense punishable
1615	1615	as a Class C misdemeanor under Section 49.02, Penal Code, for which
1616	1616	punishment is enhanced under Section 12.43(c), Penal Code, based on
1617	1617	previous convictions under Section 49.02 or 42.01, Penal Code, the
1618	1618	court may suspend the imposition of the sentence and place the
1619	1619	defendant on community supervision if the court finds that the
1620	1620	defendant would benefit from community supervision and enters its
1621	1621	finding on the record. The judge may suspend in whole or in part the
1622	1622	imposition of any fine imposed on conviction.
1623	1623	(b) All provisions of this chapter applying to a defendant
1624	1624	placed on community supervision for a misdemeanor apply to a
1625	1625	defendant placed on community supervision under Subsection (a),
1626	1626	except that the court shall require the defendant as a condition of
1627	1627	community supervision to:
1628	1628	(1) submit to diagnostic testing for addiction to
1629	1629	alcohol or a controlled substance or drug;
1630	1630	(2) submit to a psychological assessment;
1631	1631	(3) if indicated as necessary by testing and
1632	1632	assessment, participate in an alcohol or drug abuse treatment or
1633	1633	education program; and
1634	1634	(4) pay the costs of testing, assessment, and
1635	1635	treatment or education, either directly or as a court cost. (Code
1636	1636	Crim. Proc., Art. 42.12, Sec. 15A.)
1637	1637	SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
1638	1638	Art. 42A.451. SEX OFFENDER REGISTRATION; DNA SAMPLE. A
1639	1639	judge granting community supervision to a defendant required to
1640	1640	register as a sex offender under Chapter 62 shall require that the
1641	1641	defendant, as a condition of community supervision:
1642	1642	(1) register under that chapter; and
1643	1643	(2) submit a DNA sample to the Department of Public
1644	1644	Safety under Subchapter G, Chapter 411, Government Code, for the
1645	1645	purpose of creating a DNA record of the defendant, unless the
1646	1646	defendant has already submitted the required sample under other
1647	1647	state law. (Code Crim. Proc., Art. 42.12, Sec. 11(e).)
1648	1648	Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR
1649	1649	REHABILITATION. A judge who grants community supervision to a sex
1650	1650	offender evaluated under Article 42A.258 may require the sex
1651	1651	offender as a condition of community supervision to submit to
1652	1652	treatment, specialized supervision, or rehabilitation according to
1653	1653	offense-specific standards of practice adopted by the Council on
1654	1654	Sex Offender Treatment. On a finding that the defendant is
1655	1655	financially able to make payment, the judge shall require the
1656	1656	defendant to pay all or part of the reasonable and necessary costs
1657	1657	of the treatment, supervision, or rehabilitation. (Code Crim.
1658	1658	Proc., Art. 42.12, Sec. 11(i).)
1659	1659	Art. 42A.453. CHILD SAFETY ZONE. (a) In this article,
1660	1660	"playground," "premises," "school," "video arcade facility," and
1661	1661	"youth center" have the meanings assigned by Section 481.134,
1662	1662	Health and Safety Code.
1663	1663	(b) This article applies to a defendant placed on community
1664	1664	supervision for an offense under:
1665	1665	(1) Section 20.04(a)(4), Penal Code, if the defendant
1666	1666	committed the offense with the intent to violate or abuse the victim
1667	1667	sexually;
1668	1668	(2) Section 20A.02, Penal Code, if the defendant:
1669	1669	(A) trafficked the victim with the intent or
1670	1670	knowledge that the victim would engage in sexual conduct, as
1671	1671	defined by Section 43.25, Penal Code; or
1672	1672	(B) benefited from participating in a venture
1673	1673	that involved a trafficked victim engaging in sexual conduct, as
1674	1674	defined by Section 43.25, Penal Code;
1675	1675	(3) Section 21.08, 21.11, 22.011, 22.021, or 25.02,
1676	1676	Penal Code;
1677	1677	(4) Section 30.02, Penal Code, punishable under
1678	1678	Subsection (d) of that section, if the defendant committed the
1679	1679	offense with the intent to commit a felony listed in Subdivision (1)
1680	1680	or (3); or
1681	1681	(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
1682	1682	(c) If a judge grants community supervision to a defendant
1683	1683	described by Subsection (b) and the judge determines that a child as
1684	1684	defined by Section 22.011(c), Penal Code, was the victim of the
1685	1685	offense, the judge shall establish a child safety zone applicable
1686	1686	to the defendant by requiring as a condition of community
1687	1687	supervision that the defendant:
1688	1688	(1) not:
1689	1689	(A) supervise or participate in any program that:
1690	1690	(i) includes as participants or recipients
1691	1691	persons who are 17 years of age or younger; and
1692	1692	(ii) regularly provides athletic, civic, or
1693	1693	cultural activities; or
1694	1694	(B) go in, on, or within 1,000 feet of a premises
1695	1695	where children commonly gather, including a school, day-care
1696	1696	facility, playground, public or private youth center, public
1697	1697	swimming pool, or video arcade facility; and
1698	1698	(2) attend psychological counseling sessions for sex
1699	1699	offenders with an individual or organization that provides sex
1700	1700	offender treatment or counseling as specified or approved by the
1701	1701	judge or the defendant's supervision officer.
1702	1702	(d) Notwithstanding Subsection (c)(1), a judge is not
1703	1703	required to impose the conditions described by Subsection (c)(1) if
1704	1704	the defendant is a student at a primary or secondary school.
1705	1705	(e) At any time after the imposition of a condition under
1706	1706	Subsection (c)(1), the defendant may request the court to modify
1707	1707	the child safety zone applicable to the defendant because the zone
1708	1708	as created by the court:
1709	1709	(1) interferes with the defendant's ability to attend
1710	1710	school or hold a job and consequently constitutes an undue hardship
1711	1711	for the defendant; or
1712	1712	(2) is broader than is necessary to protect the
1713	1713	public, given the nature and circumstances of the offense.
1714	1714	(f) A supervision officer for a defendant described by
1715	1715	Subsection (b) may permit the defendant to enter on an
1716	1716	event-by-event basis into the child safety zone from which the
1717	1717	defendant is otherwise prohibited from entering if:
1718	1718	(1) the defendant has served at least two years of the
1719	1719	period of community supervision;
1720	1720	(2) the defendant enters the zone as part of a program
1721	1721	to reunite with the defendant's family;
1722	1722	(3) the defendant presents to the supervision officer
1723	1723	a written proposal specifying where the defendant intends to go
1724	1724	within the zone, why and with whom the defendant is going, and how
1725	1725	the defendant intends to cope with any stressful situations that
1726	1726	occur;
1727	1727	(4) the sex offender treatment provider treating the
1728	1728	defendant agrees with the supervision officer that the defendant
1729	1729	should be allowed to attend the event; and
1730	1730	(5) the supervision officer and the treatment provider
1731	1731	agree on a chaperon to accompany the defendant and the chaperon
1732	1732	agrees to perform that duty.
1733	1733	(g) Article 42A.051(b) does not prohibit a supervision
1734	1734	officer from modifying a condition of community supervision by
1735	1735	permitting a defendant to enter a child safety zone under
1736	1736	Subsection (f).
1737	1737	(h) Notwithstanding Subsection (c)(1)(B), a requirement
1738	1738	that a defendant not go in, on, or within 1,000 feet of certain
1739	1739	premises does not apply to a defendant while the defendant is in or
1740	1740	going immediately to or from a:
1741	1741	(1) community supervision and corrections department
1742	1742	office;
1743	1743	(2) premises at which the defendant is participating
1744	1744	in a program or activity required as a condition of community
1745	1745	supervision;
1746	1746	(3) residential facility in which the defendant is
1747	1747	required to reside as a condition of community supervision, if the
1748	1748	facility was in operation as a residence for defendants on
1749	1749	community supervision on June 1, 2003; or
1750	1750	(4) private residence at which the defendant is
1751	1751	required to reside as a condition of community supervision.
1752	1752	(i) A supervision officer who under Subsection (c)(2)
1753	1753	specifies a sex offender treatment provider to provide counseling
1754	1754	to a defendant shall:
1755	1755	(1) contact the provider before the defendant is
1756	1756	released;
1757	1757	(2) establish the date, time, and place of the first
1758	1758	session between the defendant and the provider; and
1759	1759	(3) request the provider to immediately notify the
1760	1760	supervision officer if the defendant fails to attend the first
1761	1761	session or any subsequent scheduled session. (Code Crim. Proc.,
1762	1762	Art. 42.12, Sec. 13B.)
1763	1763	Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED. (a)
1764	1764	This article applies only to a defendant who is required to register
1765	1765	as a sex offender under Chapter 62, by court order or otherwise,
1766	1766	and:
1767	1767	(1) is convicted of or receives a grant of deferred
1768	1768	adjudication community supervision for a violation of Section
1769	1769	21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
1770	1770	Code;
1771	1771	(2) used the Internet or any other type of electronic
1772	1772	device used for Internet access to commit the offense or engage in
1773	1773	the conduct for which the person is required to register under
1774	1774	Chapter 62; or
1775	1775	(3) is assigned a numeric risk level of three based on
1776	1776	an assessment conducted under Article 62.007.
1777	1777	(b) If the court grants community supervision to a defendant
1778	1778	described by Subsection (a), the court as a condition of community
1779	1779	supervision shall prohibit the defendant from using the Internet
1780	1780	to:
1781	1781	(1) access material that is obscene, as defined by
1782	1782	Section 43.21, Penal Code;
1783	1783	(2) access a commercial social networking site, as
1784	1784	defined by Article 62.0061(f);
1785	1785	(3) communicate with any individual concerning sexual
1786	1786	relations with an individual who is younger than 17 years of age; or
1787	1787	(4) communicate with another individual the defendant
1788	1788	knows is younger than 17 years of age.
1789	1789	(c) The court may modify at any time the condition described
1790	1790	by Subsection (b)(4) if:
1791	1791	(1) the condition interferes with the defendant's
1792	1792	ability to attend school or become or remain employed and
1793	1793	consequently constitutes an undue hardship for the defendant; or
1794	1794	(2) the defendant is the parent or guardian of an
1795	1795	individual who is younger than 17 years of age and the defendant is
1796	1796	not otherwise prohibited from communicating with that individual.
1797	1797	(Code Crim. Proc., Art. 42.12, Sec. 13G.)
1798	1798	Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
1799	1799	judge who grants community supervision to a defendant charged with
1800	1800	or convicted of an offense under Section 21.11 or 22.011(a)(2),
1801	1801	Penal Code, may require the defendant to make one payment in an
1802	1802	amount not to exceed $50 to a children's advocacy center
1803	1803	established under Subchapter E, Chapter 264, Family Code. (Code
1804	1804	Crim. Proc., Art. 42.12, Sec. 11(g).)
1805	1805	SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
1806	1806	OFFENDERS
1807	1807	Art. 42A.501. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED
1808	1808	BECAUSE OF BIAS OR PREJUDICE. (a) A court granting community
1809	1809	supervision to a defendant convicted of an offense for which the
1810	1810	court has made an affirmative finding under Article 42.014 shall
1811	1811	require as a term of community supervision that the defendant:
1812	1812	(1) serve a term of not more than one year imprisonment
1813	1813	in the Texas Department of Criminal Justice if the offense is a
1814	1814	felony other than an offense under Section 19.02, Penal Code; or
1815	1815	(2) serve a term of not more than 90 days confinement
1816	1816	in jail if the offense is a misdemeanor.
1817	1817	(b) The court may not grant community supervision on its own
1818	1818	motion or on the recommendation of the jury to a defendant convicted
1819	1819	of an offense for which the court has made an affirmative finding
1820	1820	under Article 42.014 if:
1821	1821	(1) the offense for which the court has made the
1822	1822	affirmative finding is an offense under Section 19.02, Penal Code;
1823	1823	or
1824	1824	(2) the defendant has been previously convicted of an
1825	1825	offense for which the court made an affirmative finding under
1826	1826	Article 42.014. (Code Crim. Proc., Art. 42.12, Sec. 13A.)
1827	1827	Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN VIOLENT
1828	1828	OFFENSES; CHILD SAFETY ZONE. (a) In this article, "playground,"
1829	1829	"premises," "school," "video arcade facility," and "youth center"
1830	1830	have the meanings assigned by Section 481.134, Health and Safety
1831	1831	Code.
1832	1832	(b) A judge granting community supervision to a defendant
1833	1833	convicted of an offense listed in Article 42A.054(a) or for which
1834	1834	the judgment contains an affirmative finding under Article
1835	1835	42A.054(c) or (d) may establish a child safety zone applicable to
1836	1836	the defendant, if the nature of the offense for which the defendant
1837	1837	is convicted warrants the establishment of a child safety zone, by
1838	1838	requiring as a condition of community supervision that the
1839	1839	defendant not:
1840	1840	(1) supervise or participate in any program that:
1841	1841	(A) includes as participants or recipients
1842	1842	persons who are 17 years of age or younger; and
1843	1843	(B) regularly provides athletic, civic, or
1844	1844	cultural activities; or
1845	1845	(2) go in or on, or within a distance specified by the
1846	1846	judge of, a premises where children commonly gather, including a
1847	1847	school, day-care facility, playground, public or private youth
1848	1848	center, public swimming pool, or video arcade facility.
1849	1849	(c) At any time after the imposition of a condition under
1850	1850	Subsection (b), the defendant may request the judge to modify the
1851	1851	child safety zone applicable to the defendant because the zone as
1852	1852	created by the judge:
1853	1853	(1) interferes with the defendant's ability to attend
1854	1854	school or hold a job and consequently constitutes an undue hardship
1855	1855	for the defendant; or
1856	1856	(2) is broader than is necessary to protect the
1857	1857	public, given the nature and circumstances of the offense.
1858	1858	(d) This article does not apply to a defendant described by
1859	1859	Article 42A.453. (Code Crim. Proc., Art. 42.12, Sec. 13D.)
1860	1860	Art. 42A.503. COMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSE
1861	1861	OFFENSES; PROHIBITED CONTACT WITH VICTIM. (a) If the court grants
1862	1862	community supervision to a defendant convicted of an offense
1863	1863	described by Article 17.41(a), the court may require as a condition
1864	1864	of community supervision that the defendant not:
1865	1865	(1) directly communicate with the victim of the
1866	1866	offense; or
1867	1867	(2) go near a residence, school, or other location, as
1868	1868	specifically described in the copy of terms and conditions, that is
1869	1869	frequented by the victim.
1870	1870	(b) In imposing the condition under Subsection (a), the
1871	1871	court may grant the defendant supervised access to the victim.
1872	1872	(c) To the extent that a condition imposed under this
1873	1873	article conflicts with an existing court order granting possession
1874	1874	of or access to a child, the condition imposed under this article
1875	1875	prevails for a period specified by the court granting community
1876	1876	supervision, not to exceed 90 days. (Code Crim. Proc., Art. 42.12,
1877	1877	Sec. 14(a), as amended Acts 73rd Leg., R.S., Ch. 165 (H.B. 119),
1878	1878	Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts 78th Leg., R.S., Ch.
1879	1879	353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113 (S.B. 44).)
1880	1880	Art. 42A.504. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
1881	1881	INVOLVING FAMILY VIOLENCE; SPECIAL CONDITIONS. (a) In this
1882	1882	article:
1883	1883	(1) "Family violence" has the meaning assigned by
1884	1884	Section 71.004, Family Code.
1885	1885	(2) "Family violence center" has the meaning assigned
1886	1886	by Section 51.002, Human Resources Code.
1887	1887	(b) If a judge grants community supervision to a defendant
1888	1888	convicted of an offense under Title 5, Penal Code, that the court
1889	1889	determines involves family violence, the judge shall require the
1890	1890	defendant to pay $100 to a family violence center that:
1891	1891	(1) receives state or federal funds; and
1892	1892	(2) serves the county in which the court is located.
1893	1893	(c) If the court grants community supervision to a defendant
1894	1894	convicted of an offense involving family violence, the court may
1895	1895	require the defendant, at the direction of the supervision officer,
1896	1896	to:
1897	1897	(1) attend a battering intervention and prevention
1898	1898	program or counsel with a provider of battering intervention and
1899	1899	prevention services if the program or provider has been accredited
1900	1900	under Section 4A, Article 42.141, as conforming to program
1901	1901	guidelines under that article; or
1902	1902	(2) if the referral option under Subdivision (1) is
1903	1903	not available, attend counseling sessions for the elimination of
1904	1904	violent behavior with a licensed counselor, social worker, or other
1905	1905	professional who has completed family violence intervention
1906	1906	training that the community justice assistance division of the
1907	1907	Texas Department of Criminal Justice has approved, after
1908	1908	consultation with the licensing authorities described by Chapters
1909	1909	152, 501, 502, 503, and 505, Occupations Code, and experts in the
1910	1910	field of family violence.
1911	1911	(d) If the court requires the defendant to attend counseling
1912	1912	or a program, the court shall require the defendant to begin
1913	1913	attendance not later than the 60th day after the date the court
1914	1914	grants community supervision, notify the supervision officer of the
1915	1915	name, address, and phone number of the counselor or program, and
1916	1916	report the defendant's attendance to the supervision officer. The
1917	1917	court shall require the defendant to pay all the reasonable costs of
1918	1918	the counseling sessions or attendance in the program on a finding
1919	1919	that the defendant is financially able to make payment. If the
1920	1920	court finds the defendant is unable to make payment, the court shall
1921	1921	make the counseling sessions or enrollment in the program available
1922	1922	without cost to the defendant. The court may also require the
1923	1923	defendant to pay all or a part of the reasonable costs incurred by
1924	1924	the victim for counseling made necessary by the offense, on a
1925	1925	finding that the defendant is financially able to make payment. The
1926	1926	court may order the defendant to make payments under this
1927	1927	subsection for a period not to exceed one year after the date on
1928	1928	which the order is entered. (Code Crim. Proc., Art. 42.12, Sec.
1929	1929	11(h); Secs. 14(c), (c-1), (c-2), as amended Acts 73rd Leg., R.S.,
1930	1930	Ch. 165 (H.B. 119), Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts
1931	1931	78th Leg., R.S., Ch. 353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113
1932	1932	(S.B. 44).)
1933	1933	Art. 42A.505. COMMUNITY SUPERVISION FOR STALKING OFFENSE;
1934	1934	PROHIBITED CONTACT WITH VICTIM. (a) If the court grants community
1935	1935	supervision to a defendant convicted of an offense under Section
1936	1936	42.072, Penal Code, the court may require as a condition of
1937	1937	community supervision that the defendant not:
1938	1938	(1) communicate directly or indirectly with the
1939	1939	victim; or
1940	1940	(2) go to or near:
1941	1941	(A) the residence, place of employment, or
1942	1942	business of the victim; or
1943	1943	(B) a school, day-care facility, or similar
1944	1944	facility where a dependent child of the victim is in attendance.
1945	1945	(b) If the court requires the prohibition contained in
1946	1946	Subsection (a)(2) as a condition of community supervision, the
1947	1947	court shall specifically describe the prohibited locations and the
1948	1948	minimum distances, if any, that the defendant must maintain from
1949	1949	the locations. (Code Crim. Proc., Art. 42.12, Sec. 11(l).)
1950	1950	Art. 42A.506. COMMUNITY SUPERVISION FOR DEFENDANT WITH
1951	1951	MENTAL IMPAIRMENT. If the judge places a defendant on community
1952	1952	supervision and the defendant is determined to be a person with
1953	1953	mental illness or a person with an intellectual disability, as
1954	1954	provided by Article 16.22 or Chapter 46B or in a psychological
1955	1955	evaluation conducted under Article 42A.253(a)(6), the judge may
1956	1956	require the defendant as a condition of community supervision to
1957	1957	submit to outpatient or inpatient mental health or intellectual
1958	1958	disability treatment if:
1959	1959	(1) the defendant's:
1960	1960	(A) mental impairment is chronic in nature; or
1961	1961	(B) ability to function independently will
1962	1962	continue to deteriorate if the defendant does not receive mental
1963	1963	health or intellectual disability services; and
1964	1964	(2) the judge determines, in consultation with a local
1965	1965	mental health or intellectual disability services provider, that
1966	1966	mental health or intellectual disability services, as appropriate,
1967	1967	are available for the defendant through:
1968	1968	(A) the Department of State Health Services or
1969	1969	the Department of Aging and Disability Services under Section
1970	1970	534.053, Health and Safety Code; or
1971	1971	(B) another mental health or intellectual
1972	1972	disability services provider. (Code Crim. Proc., Art. 42.12, Sec.
1973	1973	11(d).)
1974	1974	Art. 42A.507. COMMUNITY SUPERVISION FOR CERTAIN DEFENDANTS
1975	1975	IDENTIFIED AS MEMBERS OF CRIMINAL STREET GANGS; ELECTRONIC
1976	1976	MONITORING. (a) This article applies only to a defendant who:
1977	1977	(1) is identified as a member of a criminal street gang
1978	1978	in an intelligence database established under Chapter 61; and
1979	1979	(2) has two or more times been previously convicted
1980	1980	of, or received a grant of deferred adjudication community
1981	1981	supervision or another functionally equivalent form of community
1982	1982	supervision or probation for, a felony offense under the laws of
1983	1983	this state, another state, or the United States.
1984	1984	(b) A court granting community supervision to a defendant
1985	1985	described by Subsection (a) may, on the defendant's conviction of a
1986	1986	felony offense, require as a condition of community supervision
1987	1987	that the defendant submit to tracking under an electronic
1988	1988	monitoring service or other appropriate technological service
1989	1989	designed to track a person's location. (Code Crim. Proc., Art.
1990	1990	42.12, Sec. 13E.)
1991	1991	Art. 42A.508. COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED
1992	1992	CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE. A
1993	1993	court granting community supervision to a defendant convicted of an
1994	1994	offense under Chapter 71, Penal Code, may impose as a condition of
1995	1995	community supervision restrictions on the defendant's operation of
1996	1996	a motor vehicle, including specifying:
1997	1997	(1) hours during which the defendant may not operate a
1998	1998	motor vehicle; and
1999	1999	(2) locations at or in which the defendant may not
2000	2000	operate a motor vehicle. (Code Crim. Proc., Art. 42.12, Sec. 13F.)
2001	2001	Art. 42A.509. COMMUNITY SUPERVISION FOR GRAFFITI OFFENSE.
2002	2002	A court granting community supervision to a defendant convicted of
2003	2003	an offense under Section 28.08, Penal Code, shall require as a
2004	2004	condition of community supervision that the defendant perform:
2005	2005	(1) at least 15 hours of community service if the
2006	2006	amount of pecuniary loss resulting from the commission of the
2007	2007	offense is $50 or more but less than $500; or
2008	2008	(2) at least 30 hours of community service if the
2009	2009	amount of pecuniary loss resulting from the commission of the
2010	2010	offense is $500 or more. (Code Crim. Proc., Art. 42.12, Sec.
2011	2011	11(k).)
2012	2012	Art. 42A.510. COMMUNITY SUPERVISION FOR ENHANCED
2013	2013	DISORDERLY CONDUCT OFFENSE. (a) On conviction of an offense
2014	2014	punishable as a Class C misdemeanor under Section 42.01, Penal
2015	2015	Code, for which punishment is enhanced under Section 12.43(c),
2016	2016	Penal Code, based on previous convictions under Section 42.01 or
2017	2017	49.02, Penal Code, the court may suspend the imposition of the
2018	2018	sentence and place the defendant on community supervision if the
2019	2019	court finds that the defendant would benefit from community
2020	2020	supervision and enters its finding on the record. The judge may
2021	2021	suspend in whole or in part the imposition of any fine imposed on
2022	2022	conviction.
2023	2023	(b) All provisions of this chapter applying to a defendant
2024	2024	placed on community supervision for a misdemeanor apply to a
2025	2025	defendant placed on community supervision under this article,
2026	2026	except that the court shall require the defendant as a condition of
2027	2027	community supervision to:
2028	2028	(1) submit to diagnostic testing for addiction to
2029	2029	alcohol or a controlled substance or drug;
2030	2030	(2) submit to a psychological assessment;
2031	2031	(3) if indicated as necessary by testing and
2032	2032	assessment, participate in an alcohol or drug abuse treatment or
2033	2033	education program; and
2034	2034	(4) pay the costs of testing, assessment, and
2035	2035	treatment or education, either directly or as a court cost. (Code
2036	2036	Crim. Proc., Art. 42.12, Sec. 15A.)
2037	2037	Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
2038	2038	INVOLVING ANIMALS. If a judge grants community supervision to a
2039	2039	defendant convicted of an offense under Section 42.09, 42.091,
2040	2040	42.092, or 42.10, Penal Code, the judge may require the defendant to
2041	2041	attend a responsible pet owner course sponsored by a municipal
2042	2042	animal shelter, as defined by Section 823.001, Health and Safety
2043	2043	Code, that:
2044	2044	(1) receives federal, state, county, or municipal
2045	2045	funds; and
2046	2046	(2) serves the county in which the court is located.
2047	2047	(Code Crim. Proc., Art. 42.12, Sec. 11(m).)
2048	2048	Art. 42A.512. COMMUNITY SUPERVISION FOR ELECTRONIC
2049	2049	TRANSMISSION OF CERTAIN VISUAL MATERIAL. (a) In this article,
2050	2050	"parent" means a natural or adoptive parent, managing or possessory
2051	2051	conservator, or legal guardian. The term does not include a parent
2052	2052	whose parental rights have been terminated.
2053	2053	(b) If a judge grants community supervision to a defendant
2054	2054	who is convicted of or charged with an offense under Section 43.261,
2055	2055	Penal Code, the judge may require as a condition of community
2056	2056	supervision that the defendant attend and successfully complete an
2057	2057	educational program described by Section 37.218, Education Code, or
2058	2058	another equivalent educational program.
2059	2059	(c) The court shall require the defendant or the defendant's
2060	2060	parent to pay the cost of attending an educational program under
2061	2061	Subsection (b) if the court determines that the defendant or the
2062	2062	defendant's parent is financially able to make payment. (Code
2063	2063	Crim. Proc., Art. 42.12, Sec. 13H.)
2064	2064	Art. 42A.513. COMMUNITY SUPERVISION FOR MAKING FIREARM
2065	2065	ACCESSIBLE TO CHILD. (a) A court granting community supervision to
2066	2066	a defendant convicted of an offense under Section 46.13, Penal
2067	2067	Code, may require as a condition of community supervision that the
2068	2068	defendant:
2069	2069	(1) provide an appropriate public service activity
2070	2070	designated by the court; or
2071	2071	(2) attend a firearms safety course that meets or
2072	2072	exceeds the requirements set by the National Rifle Association as
2073	2073	of January 1, 1995, for a firearms safety course that requires not
2074	2074	more than 17 hours of instruction.
2075	2075	(b) The court shall require the defendant to pay the cost of
2076	2076	attending the firearms safety course under Subsection (a)(2).
2077	2077	(Code Crim. Proc., Art. 42.12, Sec. 13C.)
2078	2078	SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
2079	2079	Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION;
2080	2080	EXECUTION OF SENTENCE. (a) Except as otherwise provided by
2081	2081	Subsection (b) or (c), on conviction of a state jail felony under
2082	2082	Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
2083	2083	481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
2084	2084	punished under Section 12.35(a), Penal Code, the judge shall
2085	2085	suspend the imposition of the sentence and place the defendant on
2086	2086	community supervision.
2087	2087	(b) If the defendant has been previously convicted of a
2088	2088	felony, other than a felony punished under Section 12.44(a), Penal
2089	2089	Code, or if the conviction resulted from an adjudication of the
2090	2090	guilt of a defendant previously placed on deferred adjudication
2091	2091	community supervision for the offense, the judge may:
2092	2092	(1) suspend the imposition of the sentence and place
2093	2093	the defendant on community supervision; or
2094	2094	(2) order the sentence to be executed.
2095	2095	(c) Subsection (a) does not apply to a defendant who:
2096	2096	(1) under Section 481.1151(b)(1), Health and Safety
2097	2097	Code, possessed more than five abuse units of the controlled
2098	2098	substance;
2099	2099	(2) under Section 481.1161(b)(3), Health and Safety
2100	2100	Code, possessed more than one pound, by aggregate weight, including
2101	2101	adulterants or dilutants, of the controlled substance; or
2102	2102	(3) under Section 481.121(b)(3), Health and Safety
2103	2103	Code, possessed more than one pound of marihuana.
2104	2104	(d) On conviction of a state jail felony punished under
2105	2105	Section 12.35(a), Penal Code, other than a state jail felony listed
2106	2106	in Subsection (a), subject to Subsection (e), the judge may:
2107	2107	(1) suspend the imposition of the sentence and place
2108	2108	the defendant on community supervision; or
2109	2109	(2) order the sentence to be executed:
2110	2110	(A) in whole; or
2111	2111	(B) in part, with a period of community
2112	2112	supervision to begin immediately on release of the defendant from
2113	2113	confinement.
2114	2114	(e) In any case in which the jury assesses punishment, the
2115	2115	judge must follow the recommendations of the jury in suspending the
2116	2116	imposition of a sentence or ordering a sentence to be executed. If
2117	2117	a jury assessing punishment does not recommend community
2118	2118	supervision, the judge must order the sentence to be executed in
2119	2119	whole.
2120	2120	(f) A defendant is considered to be finally convicted if the
2121	2121	judge orders the sentence to be executed under Subsection (d)(2),
2122	2122	regardless of whether the judge orders the sentence to be executed
2123	2123	in whole or only in part.
2124	2124	(g) The judge may suspend in whole or in part the imposition
2125	2125	of any fine imposed on conviction. (Code Crim. Proc., Art. 42.12,
2126	2126	Sec. 15(a).)
2127	2127	Art. 42A.552. REVIEW OF PRESENTENCE REPORT. Before
2128	2128	imposing a sentence in a state jail felony case in which the judge
2129	2129	assesses punishment, the judge shall:
2130	2130	(1) review the presentence report prepared for the
2131	2131	defendant under Subchapter F; and
2132	2132	(2) determine whether the best interests of justice
2133	2133	require the judge to:
2134	2134	(A) suspend the imposition of the sentence and
2135	2135	place the defendant on community supervision; or
2136	2136	(B) order the sentence to be executed in whole or
2137	2137	in part as provided by Article 42A.551(d). (Code Crim. Proc., Art.
2138	2138	42.12, Sec. 15(c)(1) (part).)
2139	2139	Art. 42A.553. MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
2140	2140	SUPERVISION; EXTENSION. (a) The minimum period of community
2141	2141	supervision a judge may impose under this subchapter is two years.
2142	2142	The maximum period of community supervision a judge may impose
2143	2143	under this subchapter is five years, except that the judge may
2144	2144	extend the maximum period of community supervision under this
2145	2145	subchapter to not more than 10 years.
2146	2146	(b) A judge may extend a period of community supervision
2147	2147	under this subchapter:
2148	2148	(1) at any time during the period of community
2149	2149	supervision; or
2150	2150	(2) before the first anniversary of the date the
2151	2151	period of community supervision ends, if a motion for revocation of
2152	2152	community supervision is filed before the date the period of
2153	2153	community supervision ends. (Code Crim. Proc., Art. 42.12, Sec.
2154	2154	15(b).)
2155	2155	Art. 42A.554. CONDITIONS OF COMMUNITY SUPERVISION. (a) A
2156	2156	judge assessing punishment in a state jail felony case may impose
2157	2157	any condition of community supervision on the defendant that the
2158	2158	judge could impose on a defendant placed on supervision for an
2159	2159	offense other than a state jail felony.
2160	2160	(b) If the judge suspends the execution of the sentence or
2161	2161	orders the execution of the sentence only in part as provided by
2162	2162	Article 42A.551(d), the judge shall impose conditions of community
2163	2163	supervision consistent with the recommendations contained in the
2164	2164	presentence report prepared for the defendant under Subchapter F.
2165	2165	(c) Except as otherwise provided by this subsection, a judge
2166	2166	who places a defendant on community supervision for an offense
2167	2167	listed in Article 42A.551(a) shall require the defendant to comply
2168	2168	with substance abuse treatment conditions that are consistent with
2169	2169	standards adopted by the Texas Board of Criminal Justice under
2170	2170	Section 509.015, Government Code. A judge is not required to impose
2171	2171	the substance abuse treatment conditions if the judge makes an
2172	2172	affirmative finding that the defendant does not require imposition
2173	2173	of the conditions to successfully complete the period of community
2174	2174	supervision. (Code Crim. Proc., Art. 42.12, Secs. 15(c)(1) (part),
2175	2175	(2), (3).)
2176	2176	Art. 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY
2177	2177	SUPERVISION. (a) A judge assessing punishment in a state jail
2178	2178	felony case may impose as a condition of community supervision that
2179	2179	a defendant submit at the beginning of the period of community
2180	2180	supervision to a term of confinement in a state jail felony facility
2181	2181	for a term of:
2182	2182	(1) not less than 90 days or more than 180 days; or
2183	2183	(2) not less than 90 days or more than one year, if the
2184	2184	defendant is convicted of an offense punishable as a state jail
2185	2185	felony under Section 481.112, 481.1121, 481.113, or 481.120, Health
2186	2186	and Safety Code.
2187	2187	(b) A judge may not require a defendant to submit to both the
2188	2188	term of confinement authorized by this article and a term of
2189	2189	confinement under Subchapter C or Article 42A.302. (Code Crim.
2190	2190	Proc., Art. 42.12, Secs. 15(c)(1) (part), (d) (part).)
2191	2191	Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF
2192	2192	COMMUNITY SUPERVISION. If in a state jail felony case a defendant
2193	2193	violates a condition of community supervision imposed under this
2194	2194	chapter and after a hearing under Article 42A.751(d) the judge
2195	2195	modifies the defendant's community supervision, the judge may
2196	2196	impose any sanction permitted by Article 42A.752, except that if
2197	2197	the judge requires a defendant to serve a term of confinement in a
2198	2198	state jail felony facility as a modification of the defendant's
2199	2199	community supervision, the minimum term of confinement is 90 days
2200	2200	and the maximum term of confinement is 180 days. (Code Crim. Proc.,
2201	2201	Art. 42.12, Sec. 15(e).)
2202	2202	Art. 42A.557. REPORT BY DIRECTOR OF FACILITY. The facility
2203	2203	director of a state jail felony facility shall report to a judge who
2204	2204	orders a defendant confined in the facility as a condition of
2205	2205	community supervision or as a sanction imposed on a modification of
2206	2206	community supervision under Article 42A.556 not less than every 90
2207	2207	days on the defendant's programmatic progress, conduct, and
2208	2208	conformity to the rules of the facility. (Code Crim. Proc., Art.
2209	2209	42.12, Sec. 15(g).)
2210	2210	Art. 42A.558. REVOCATION; OPTIONS REGARDING EXECUTION OF
2211	2211	SENTENCE. (a) If in a state jail felony case a defendant violates a
2212	2212	condition of community supervision imposed under this chapter and
2213	2213	after a hearing under Article 42A.751(d) the judge revokes the
2214	2214	defendant's community supervision, the judge shall dispose of the
2215	2215	case in the manner provided by Article 42A.755.
2216	2216	(b) The court retains jurisdiction over the defendant for
2217	2217	the period during which the defendant is confined in a state jail
2218	2218	felony facility. At any time after the 75th day after the date the
2219	2219	defendant is received into the custody of a state jail felony
2220	2220	facility, the judge on the judge's own motion, on the motion of the
2221	2221	attorney representing the state, or on the motion of the defendant
2222	2222	may suspend further execution of the sentence and place the
2223	2223	defendant on community supervision under the conditions of this
2224	2224	subchapter.
2225	2225	(c) When the defendant or the attorney representing the
2226	2226	state files a written motion requesting the judge to suspend
2227	2227	further execution of the sentence and place the defendant on
2228	2228	community supervision, the clerk of the court, if requested to do so
2229	2229	by the judge, shall request a copy of the defendant's record while
2230	2230	confined from the facility director of the state jail felony
2231	2231	facility in which the defendant is confined or, if the defendant is
2232	2232	confined in county jail, from the sheriff. On receipt of the
2233	2233	request, the facility director or the sheriff shall forward a copy
2234	2234	of the record to the judge as soon as possible.
2235	2235	(d) When the defendant files a written motion requesting the
2236	2236	judge to suspend further execution of the sentence and place the
2237	2237	defendant on community supervision, the defendant shall
2238	2238	immediately deliver or cause to be delivered a copy of the motion to
2239	2239	the office of the attorney representing the state. The judge may
2240	2240	deny the motion without holding a hearing but may not grant the
2241	2241	motion without holding a hearing and providing the attorney
2242	2242	representing the state and the defendant the opportunity to present
2243	2243	evidence on the motion. (Code Crim. Proc., Art. 42.12, Sec. 15(f).)
2244	2244	Art. 42A.559. CREDITS FOR TIME SERVED. (a) For purposes of
2245	2245	this article, "diligent participation" includes:
2246	2246	(1) successful completion of an educational,
2247	2247	vocational, or treatment program;
2248	2248	(2) progress toward successful completion of an
2249	2249	educational, vocational, or treatment program that was interrupted
2250	2250	by illness, injury, or another circumstance outside the control of
2251	2251	the defendant; and
2252	2252	(3) active involvement in a work program.
2253	2253	(b) A defendant confined in a state jail felony facility
2254	2254	does not earn good conduct time for time served in the facility but
2255	2255	may be awarded diligent participation credit in accordance with
2256	2256	Subsection (f).
2257	2257	(c) A judge:
2258	2258	(1) may credit against any time a defendant is
2259	2259	required to serve in a state jail felony facility time served in a
2260	2260	county jail from the time of the defendant's arrest and confinement
2261	2261	until sentencing by the trial court; and
2262	2262	(2) shall credit against any time a defendant is
2263	2263	required to serve in a state jail felony facility time served before
2264	2264	sentencing in a substance abuse felony punishment facility operated
2265	2265	by the Texas Department of Criminal Justice under Section 493.009,
2266	2266	Government Code, or other court-ordered residential program or
2267	2267	facility as a condition of deferred adjudication community
2268	2268	supervision, but only if the defendant successfully completes the
2269	2269	treatment program in that facility.
2270	2270	(d) A judge shall credit against any time a defendant is
2271	2271	subsequently required to serve in a state jail felony facility
2272	2272	after revocation of community supervision time served after
2273	2273	sentencing:
2274	2274	(1) in a state jail felony facility; or
2275	2275	(2) in a substance abuse felony punishment facility
2276	2276	operated by the Texas Department of Criminal Justice under Section
2277	2277	493.009, Government Code, or other court-ordered residential
2278	2278	program or facility if the defendant successfully completes the
2279	2279	treatment program in that facility.
2280	2280	(e) For a defendant who has participated in an educational,
2281	2281	vocational, treatment, or work program while confined in a state
2282	2282	jail felony facility, not later than the 30th day before the date on
2283	2283	which the defendant will have served 80 percent of the defendant's
2284	2284	sentence, the Texas Department of Criminal Justice shall report to
2285	2285	the sentencing court the number of days during which the defendant
2286	2286	diligently participated in any educational, vocational, treatment,
2287	2287	or work program. The contents of a report submitted under this
2288	2288	subsection are not subject to challenge by a defendant.
2289	2289	(f) A judge, based on the report received under Subsection
2290	2290	(e), may credit against any time a defendant is required to serve in
2291	2291	a state jail felony facility additional time for each day the
2292	2292	defendant actually served in the facility while diligently
2293	2293	participating in an educational, vocational, treatment, or work
2294	2294	program. A time credit under this subsection may not exceed
2295	2295	one-fifth of the amount of time the defendant is originally
2296	2296	required to serve in the facility. A defendant may not be awarded a
2297	2297	time credit under this subsection for any period during which the
2298	2298	defendant is subject to disciplinary action. A time credit under
2299	2299	this subsection is a privilege and not a right. (Code Crim. Proc.,
2300	2300	Art. 42.12, Sec. 15(h).)
2301	2301	Art. 42A.560. MEDICAL RELEASE. (a) If a defendant is
2302	2302	convicted of a state jail felony and the sentence is executed, the
2303	2303	judge sentencing the defendant may release the defendant to a
2304	2304	medically suitable placement if the judge determines that the
2305	2305	defendant does not constitute a threat to public safety and the
2306	2306	Texas Correctional Office on Offenders with Medical or Mental
2307	2307	Impairments:
2308	2308	(1) in coordination with the Correctional Managed
2309	2309	Health Care Committee, prepares a case summary and medical report
2310	2310	that identifies the defendant as:
2311	2311	(A) being a person who is elderly or terminally
2312	2312	ill or a person with a physical disability;
2313	2313	(B) being a person with mental illness or an
2314	2314	intellectual disability; or
2315	2315	(C) having a condition requiring long-term care;
2316	2316	and
2317	2317	(2) in cooperation with the community supervision and
2318	2318	corrections department serving the sentencing court, prepares for
2319	2319	the defendant a medically recommended intensive supervision and
2320	2320	continuity of care plan that:
2321	2321	(A) ensures appropriate supervision of the
2322	2322	defendant by the community supervision and corrections department;
2323	2323	and
2324	2324	(B) requires the defendant to remain under the
2325	2325	care of a physician at and reside in a medically suitable placement.
2326	2326	(b) The Texas Correctional Office on Offenders with Medical
2327	2327	or Mental Impairments shall submit to a judge who releases a
2328	2328	defendant to an appropriate medical care facility under Subsection
2329	2329	(a) a quarterly status report concerning the defendant's medical
2330	2330	and treatment status.
2331	2331	(c) If a defendant released to a medically suitable
2332	2332	placement under Subsection (a) violates the terms of that release,
2333	2333	the judge may dispose of the matter as provided by Articles 42A.556
2334	2334	and 42A.558(a). (Code Crim. Proc., Art. 42.12, Secs. 15(i), as
2335	2335	added Acts 80th Leg., R.S., Ch. 1308, (j), as added Acts 80th Leg.,
2336	2336	R.S., Ch. 1308, (k).)
2337	2337	Art. 42A.561. MEDICAL RELEASE. (a) If a defendant is
2338	2338	convicted of a state jail felony and the sentence is executed, the
2339	2339	judge sentencing the defendant may release the defendant to a
2340	2340	medical care facility or medical treatment program if the Texas
2341	2341	Correctional Office on Offenders with Medical or Mental
2342	2342	Impairments:
2343	2343	(1) identifies the defendant as:
2344	2344	(A) being a person who is elderly or terminally
2345	2345	ill or a person with a physical disability;
2346	2346	(B) being a person with mental illness or an
2347	2347	intellectual disability; or
2348	2348	(C) having a condition requiring long-term care;
2349	2349	and
2350	2350	(2) in cooperation with the community supervision and
2351	2351	corrections department serving the sentencing court, prepares for
2352	2352	the defendant a medically recommended intensive supervision plan
2353	2353	that:
2354	2354	(A) ensures appropriate supervision of the
2355	2355	defendant; and
2356	2356	(B) requires the defendant to remain under the
2357	2357	care of a physician at the facility or in the program.
2358	2358	(b) If a defendant released to a medical care facility or
2359	2359	medical treatment program under Subsection (a) violates the terms
2360	2360	of that release, the judge may dispose of the matter as provided by
2361	2361	Articles 42A.556 and 42A.558(a). (Code Crim. Proc., Art. 42.12,
2362	2362	Secs. 15(i), as added Acts 80th Leg., R.S., Ch. 617, (j), as added
2363	2363	Acts 80th Leg., R.S., Ch. 617.)
2364	2364	SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
2365	2365	Art. 42A.601. DEFINITION. In this subchapter, "community
2366	2366	corrections facility" has the meaning assigned by Section 509.001,
2367	2367	Government Code. (Code Crim. Proc., Art. 42.12, Sec. 18(a).)
2368	2368	Art. 42A.602. MAXIMUM TERM OR TERMS OF CONFINEMENT. (a) If
2369	2369	a judge requires as a condition of community supervision or
2370	2370	participation in a drug court program established under Chapter
2371	2371	123, Government Code, or former law that the defendant serve a term
2372	2372	of confinement in a community corrections facility, the term may
2373	2373	not exceed 24 months.
2374	2374	(b) A judge who requires as a condition of community
2375	2375	supervision that the defendant serve a term of confinement in a
2376	2376	community corrections facility may not impose a subsequent term of
2377	2377	confinement in a community corrections facility or jail during the
2378	2378	same supervision period that, if added to the terms previously
2379	2379	imposed, exceeds 36 months. (Code Crim. Proc., Art. 42.12, Secs.
2380	2380	18(b), (h).)
2381	2381	Art. 42A.603. EFFECT OF REVOCATION ON CREDIT FOR TIME SPENT
2382	2382	IN FACILITY. A defendant granted community supervision under this
2383	2383	chapter and required as a condition of community supervision to
2384	2384	serve a term of confinement under this subchapter may not earn good
2385	2385	conduct credit for time spent in a community corrections facility
2386	2386	or apply time spent in the facility toward completion of a prison
2387	2387	sentence if the community supervision is revoked. (Code Crim.
2388	2388	Proc., Art. 42.12, Sec. 18(c).)
2389	2389	Art. 42A.604. EVALUATION OF DEFENDANT'S BEHAVIOR AND
2390	2390	ATTITUDE. (a) As directed by the judge, the community corrections
2391	2391	facility director shall file with the community supervision and
2392	2392	corrections department director or administrator of a drug court
2393	2393	program, as applicable, a copy of an evaluation made by the facility
2394	2394	director of the defendant's behavior and attitude at the facility.
2395	2395	The community supervision and corrections department director or
2396	2396	program administrator shall examine the evaluation, make written
2397	2397	comments on the evaluation that the director or administrator
2398	2398	considers relevant, and file the evaluation and comments with the
2399	2399	judge who granted community supervision to the defendant or placed
2400	2400	the defendant in a drug court program. If the evaluation indicates
2401	2401	that the defendant has made significant progress toward compliance
2402	2402	with court-ordered conditions of community supervision or
2403	2403	objectives of placement in the drug court program, as applicable,
2404	2404	the judge may release the defendant from the community corrections
2405	2405	facility. A defendant who served a term in the facility as a
2406	2406	condition of community supervision shall serve the remainder of the
2407	2407	defendant's community supervision under any terms and conditions
2408	2408	the court imposes under this chapter.
2409	2409	(b) Not later than 18 months after the date on which a
2410	2410	defendant is granted community supervision under this chapter and
2411	2411	required as a condition of community supervision to serve a term of
2412	2412	confinement under this subchapter, the community corrections
2413	2413	facility director shall file with the community supervision and
2414	2414	corrections department director a copy of an evaluation made by the
2415	2415	facility director of the defendant's behavior and attitude at the
2416	2416	facility. The community supervision and corrections department
2417	2417	director shall examine the evaluation, make written comments on the
2418	2418	evaluation that the director considers relevant, and file the
2419	2419	evaluation and comments with the judge who granted community
2420	2420	supervision to the defendant. If the report indicates that the
2421	2421	defendant has made significant progress toward court-ordered
2422	2422	conditions of community supervision, the judge shall modify the
2423	2423	judge's sentence and release the defendant in the same manner as
2424	2424	provided by Subsection (a). If the report indicates that the
2425	2425	defendant would benefit from continued participation in the
2426	2426	community corrections facility program, the judge may order the
2427	2427	defendant to remain at the community corrections facility for a
2428	2428	period determined by the judge. If the report indicates that the
2429	2429	defendant has not made significant progress toward rehabilitation,
2430	2430	the judge may revoke community supervision and order the defendant
2431	2431	to serve the term of confinement specified in the defendant's
2432	2432	sentence. (Code Crim. Proc., Art. 42.12, Secs. 18(d), (e).)
2433	2433	Art. 42A.605. PLACEMENT IN COMMUNITY SERVICE PROJECT. If
2434	2434	ordered by the judge who placed the defendant on community
2435	2435	supervision, a community corrections facility director shall
2436	2436	attempt to place a defendant as a worker in a community service
2437	2437	project of a type described by Article 42A.304. (Code Crim. Proc.,
2438	2438	Art. 42.12, Sec. 18(f).)
2439	2439	Art. 42A.606. CONFINEMENT REQUIRED; EXCEPTIONS. A
2440	2440	defendant participating in a program under this subchapter must be
2441	2441	confined in the community corrections facility at all times except
2442	2442	for time spent:
2443	2443	(1) attending and traveling to and from:
2444	2444	(A) an education or rehabilitation program as
2445	2445	ordered by the court; or
2446	2446	(B) a community service project;
2447	2447	(2) away from the facility for purposes described by
2448	2448	this subchapter; and
2449	2449	(3) traveling to and from work, if applicable. (Code
2450	2450	Crim. Proc., Art. 42.12, Sec. 18(g).)
2451	2451	Art. 42A.607. DISPOSITION OF SALARY. If a defendant who is
2452	2452	required as a condition of community supervision to serve a term of
2453	2453	confinement under this subchapter is not required by the judge to
2454	2454	deliver the defendant's salary to the restitution center director,
2455	2455	the employer of the defendant shall deliver the salary to the
2456	2456	director. The director shall deposit the salary into a fund to be
2457	2457	given to the defendant on release after the director deducts:
2458	2458	(1) the cost to the center for the defendant's food,
2459	2459	housing, and supervision;
2460	2460	(2) the necessary expense for the defendant's travel
2461	2461	to and from work and community service projects, and other
2462	2462	incidental expenses of the defendant;
2463	2463	(3) support of the defendant's dependents; and
2464	2464	(4) restitution to the victims of an offense committed
2465	2465	by the defendant. (Code Crim. Proc., Art. 42.12, Sec. 18(i).)
2466	2466	SUBCHAPTER N. PAYMENTS; FEES
2467	2467	Art. 42A.651. PAYMENT AS CONDITION OF COMMUNITY
2468	2468	SUPERVISION. (a) A judge may not order a defendant to make a
2469	2469	payment as a term or condition of community supervision, except
2470	2470	for:
2471	2471	(1) the payment of fines, court costs, or restitution
2472	2472	to the victim; or
2473	2473	(2) a payment ordered as a condition that relates
2474	2474	personally to the rehabilitation of the defendant or that is
2475	2475	otherwise expressly authorized by law.
2476	2476	(b) A defendant's obligation to pay a fine or court cost as
2477	2477	ordered by a judge is independent of any requirement to pay the fine
2478	2478	or court cost as a condition of the defendant's community
2479	2479	supervision. A defendant remains obligated to pay any unpaid fine
2480	2480	or court cost after the expiration of the defendant's period of
2481	2481	community supervision. (Code Crim. Proc., Art. 42.12, Secs. 11(b)
2482	2482	(part), (b-1).)
2483	2483	Art. 42A.652. MONTHLY FEE. (a) Except as otherwise
2484	2484	provided by this article, a judge who grants community supervision
2485	2485	to a defendant shall set a fee of not less than $25 and not more than
2486	2486	$60 to be paid each month during the period of community supervision
2487	2487	by the defendant to:
2488	2488	(1) the court of original jurisdiction; or
2489	2489	(2) the court accepting jurisdiction of the
2490	2490	defendant's case, if jurisdiction is transferred under Article
2491	2491	42A.151.
2492	2492	(b) The judge may make payment of the monthly fee a
2493	2493	condition of granting or continuing the community supervision. The
2494	2494	judge may waive or reduce the fee or suspend a monthly payment of
2495	2495	the fee if the judge determines that payment of the fee would cause
2496	2496	the defendant a significant financial hardship.
2497	2497	(c) A court accepting jurisdiction of a defendant's case
2498	2498	under Article 42A.151 shall enter an order directing the defendant
2499	2499	to pay the monthly fee to that court instead of to the court of
2500	2500	original jurisdiction. To the extent of any conflict between an
2501	2501	order issued under this subsection and an order issued by a court of
2502	2502	original jurisdiction, the order entered under this subsection
2503	2503	prevails.
2504	2504	(d) A judge who receives a defendant for supervision as
2505	2505	authorized by Section 510.017, Government Code, may require the
2506	2506	defendant to pay the fee authorized by this article.
2507	2507	(e) A judge may not require a defendant to pay the fee under
2508	2508	this article for any month after the period of community
2509	2509	supervision has been terminated by the judge under Article 42A.701.
2510	2510	(f) A judge shall deposit any fee received under this
2511	2511	article in the special fund of the county treasury, to be used for
2512	2512	the same purposes for which state aid may be used under Chapter 76,
2513	2513	Government Code. (Code Crim. Proc., Art. 42.12, Secs. 19(a),
2514	2514	(a-1), (b), (c) (part), (g).)
2515	2515	Art. 42A.653. ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
2516	2516	OFFENDERS. (a) A judge who grants community supervision to a
2517	2517	defendant convicted of an offense under Section 21.08, 21.11,
2518	2518	22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require
2519	2519	as a condition of community supervision that the defendant pay to
2520	2520	the defendant's supervision officer a community supervision fee of
2521	2521	$5 each month during the period of community supervision.
2522	2522	(b) A fee imposed under this article is in addition to court
2523	2523	costs or any other fee imposed on the defendant.
2524	2524	(c) A community supervision and corrections department
2525	2525	shall deposit a fee collected under this article to be sent to the
2526	2526	comptroller as provided by Subchapter B, Chapter 133, Local
2527	2527	Government Code. The comptroller shall deposit the fee in the
2528	2528	sexual assault program fund under Section 420.008, Government Code.
2529	2529	(d) If a community supervision and corrections department
2530	2530	does not collect a fee imposed under this article, the department is
2531	2531	not required to file any report required by the comptroller that
2532	2532	relates to the collection of the fee. (Code Crim. Proc., Art.
2533	2533	42.12, Secs. 19(e), (f), as amended Acts 78th Leg., R.S., Chs. 209,
2534	2534	1310.)
2535	2535	Art. 42A.654. FEES DUE ON CONVICTION. For the purpose of
2536	2536	determining when fees due on conviction are to be paid to any
2537	2537	officer, the placement of a defendant on community supervision is
2538	2538	considered a final disposition of the case, without the necessity
2539	2539	of waiting for the termination of the period of community
2540	2540	supervision. (Code Crim. Proc., Art. 42.12, Sec. 19(d).)
2541	2541	Art. 42A.655. ABILITY TO PAY. The court shall consider the
2542	2542	defendant's ability to pay in ordering the defendant to make any
2543	2543	payments under this chapter. (Code Crim. Proc., Art. 42.12, Sec.
2544	2544	11(b) (part).)
2545	2545	SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
2546	2546	PERIOD
2547	2547	Art. 42A.701. REDUCTION OR TERMINATION OF COMMUNITY
2548	2548	SUPERVISION PERIOD. (a) At any time after the defendant has
2549	2549	satisfactorily completed one-third of the original community
2550	2550	supervision period or two years of community supervision, whichever
2551	2551	is less, the judge may reduce or terminate the period of community
2552	2552	supervision.
2553	2553	(b) On completion of one-half of the original community
2554	2554	supervision period or two years of community supervision, whichever
2555	2555	is more, the judge shall review the defendant's record and consider
2556	2556	whether to reduce or terminate the period of community supervision,
2557	2557	unless the defendant:
2558	2558	(1) is delinquent in paying required costs, fines,
2559	2559	fees, or restitution that the defendant has the ability to pay; or
2560	2560	(2) has not completed court-ordered counseling or
2561	2561	treatment.
2562	2562	(c) Before reducing or terminating a period of community
2563	2563	supervision or conducting a review under this article, the judge
2564	2564	shall notify the attorney representing the state and the defendant
2565	2565	or, if the defendant has an attorney, the defendant's attorney.
2566	2566	(d) If the judge determines that the defendant has failed to
2567	2567	satisfactorily fulfill the conditions of community supervision,
2568	2568	the judge shall advise the defendant in writing of the requirements
2569	2569	for satisfactorily fulfilling those conditions.
2570	2570	(e) On the satisfactory fulfillment of the conditions of
2571	2571	community supervision and the expiration of the period of community
2572	2572	supervision, the judge by order shall:
2573	2573	(1) amend or modify the original sentence imposed, if
2574	2574	necessary, to conform to the community supervision period; and
2575	2575	(2) discharge the defendant.
2576	2576	(f) If the judge discharges the defendant under this
2577	2577	article, the judge may set aside the verdict or permit the defendant
2578	2578	to withdraw the defendant's plea. A judge acting under this
2579	2579	subsection shall dismiss the accusation, complaint, information,
2580	2580	or indictment against the defendant. A defendant who receives a
2581	2581	discharge and dismissal under this subsection is released from all
2582	2582	penalties and disabilities resulting from the offense of which the
2583	2583	defendant has been convicted or to which the defendant has pleaded
2584	2584	guilty, except that:
2585	2585	(1) proof of the conviction or plea of guilty shall be
2586	2586	made known to the judge if the defendant is convicted of any
2587	2587	subsequent offense; and
2588	2588	(2) if the defendant is an applicant for or the holder
2589	2589	of a license under Chapter 42, Human Resources Code, the Department
2590	2590	of Family and Protective Services may consider the fact that the
2591	2591	defendant previously has received community supervision under this
2592	2592	chapter in issuing, renewing, denying, or revoking a license under
2593	2593	Chapter 42, Human Resources Code.
2594	2594	(g) This article does not apply to a defendant convicted of:
2595	2595	(1) an offense under Sections 49.04-49.08, Penal Code;
2596	2596	(2) an offense the conviction of which requires
2597	2597	registration as a sex offender under Chapter 62; or
2598	2598	(3) a felony described by Article 42A.054. (Code
2599	2599	Crim. Proc., Art. 42.12, Sec. 20.)
2600	2600	Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN
2601	2601	CONDITIONS OF COMMUNITY SUPERVISION. (a) This article applies
2602	2602	only to a defendant who:
2603	2603	(1) is granted community supervision, including
2604	2604	deferred adjudication community supervision, for an offense
2605	2605	punishable as a state jail felony or a felony of the third degree,
2606	2606	other than an offense:
2607	2607	(A) included as a "reportable conviction or
2608	2608	adjudication" under Article 62.001(5);
2609	2609	(B) involving family violence as defined by
2610	2610	Section 71.004, Family Code;
2611	2611	(C) under Section 20.03 or 28.02, Penal Code; or
2612	2612	(D) under Chapter 49, Penal Code;
2613	2613	(2) is not delinquent in paying required costs, fines,
2614	2614	or fees; and
2615	2615	(3) has fully satisfied any order to pay restitution
2616	2616	to a victim.
2617	2617	(b) A defendant described by Subsection (a) is entitled to
2618	2618	receive any combination of time credits toward the completion of
2619	2619	the defendant's period of community supervision in accordance with
2620	2620	this article if the court ordered the defendant as a condition of
2621	2621	community supervision to:
2622	2622	(1) make a payment described by Subsection (c);
2623	2623	(2) complete a treatment or rehabilitation program
2624	2624	described by Subsection (d); or
2625	2625	(3) earn a diploma, certificate, or degree described
2626	2626	by Subsection (e).
2627	2627	(c) A defendant is entitled to time credits toward the
2628	2628	completion of the defendant's period of community supervision for
2629	2629	the full payment of court costs, fines, attorney's fees, and
2630	2630	restitution as follows:
2631	2631	(1) court costs: 15 days;
2632	2632	(2) fines: 30 days;
2633	2633	(3) attorney's fees: 30 days; and
2634	2634	(4) restitution: 60 days.
2635	2635	(d) A defendant is entitled to time credits toward the
2636	2636	completion of the defendant's period of community supervision for
2637	2637	the successful completion of treatment or rehabilitation programs
2638	2638	as follows:
2639	2639	(1) parenting class or parental responsibility
2640	2640	program: 30 days;
2641	2641	(2) anger management program: 30 days;
2642	2642	(3) life skills training program: 30 days;
2643	2643	(4) vocational, technical, or career education or
2644	2644	training program: 60 days; and
2645	2645	(5) alcohol or substance abuse counseling or
2646	2646	treatment: 90 days.
2647	2647	(e) A defendant is entitled to time credits toward the
2648	2648	completion of the defendant's period of community supervision for
2649	2649	earning the following diplomas, certificates, or degrees:
2650	2650	(1) a high school diploma or high school equivalency
2651	2651	certificate: 90 days; and
2652	2652	(2) an associate's degree: 120 days.
2653	2653	(f) A defendant's supervision officer shall notify the
2654	2654	court if one or more time credits under this article, cumulated with
2655	2655	the amount of the original community supervision period the
2656	2656	defendant has completed, allow or require the court to conduct a
2657	2657	review of the defendant's community supervision under Article
2658	2658	42A.701. On receipt of the notice from the supervision officer, the
2659	2659	court shall conduct the review of the defendant's community
2660	2660	supervision to determine if the defendant is eligible for a
2661	2661	reduction or termination of community supervision under Article
2662	2662	42A.701, taking into account any time credits to which the
2663	2663	defendant is entitled under this article in determining if the
2664	2664	defendant has completed, as applicable:
2665	2665	(1) the lesser of one-third of the original community
2666	2666	supervision period or two years of community supervision; or
2667	2667	(2) the greater of one-half of the original community
2668	2668	supervision period or two years of community supervision.
2669	2669	(g) A court may order that some or all of the time credits to
2670	2670	which a defendant is entitled under this article be forfeited if,
2671	2671	before the expiration of the original period or a reduced period of
2672	2672	community supervision, the court:
2673	2673	(1) after a hearing under Article 42A.751(d), finds
2674	2674	that a defendant violated one or more conditions of community
2675	2675	supervision; and
2676	2676	(2) modifies or continues the defendant's period of
2677	2677	community supervision under Article 42A.752 or revokes the
2678	2678	defendant's community supervision under Article 42A.755. (Code
2679	2679	Crim. Proc., Art. 42.12, Sec. 20A.)
2680	2680	SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
2681	2681	Art. 42A.751. VIOLATION OF CONDITIONS OF COMMUNITY
2682	2682	SUPERVISION; DETENTION AND HEARING. (a) At any time during the
2683	2683	period of community supervision, the judge may issue a warrant for a
2684	2684	violation of any condition of community supervision and cause a
2685	2685	defendant convicted under Section 43.02, Penal Code, Chapter 481,
2686	2686	Health and Safety Code, or Sections 485.031 through 485.035, Health
2687	2687	and Safety Code, or placed on deferred adjudication community
2688	2688	supervision after being charged with one of those offenses, to be
2689	2689	subject to:
2690	2690	(1) the control measures of Section 81.083, Health and
2691	2691	Safety Code; and
2692	2692	(2) the court-ordered-management provisions of
2693	2693	Subchapter G, Chapter 81, Health and Safety Code.
2694	2694	(b) At any time during the period of community supervision,
2695	2695	the judge may issue a warrant for a violation of any condition of
2696	2696	community supervision and cause the defendant to be arrested. Any
2697	2697	supervision officer, police officer, or other officer with the
2698	2698	power of arrest may arrest the defendant with or without a warrant
2699	2699	on the order of the judge to be noted on the docket of the court.
2700	2700	Subject to Subsection (c), a defendant arrested under this
2701	2701	subsection may be detained in the county jail or other appropriate
2702	2702	place of confinement until the defendant can be taken before the
2703	2703	judge for a determination regarding the alleged violation. The
2704	2704	arresting officer shall immediately report the arrest and detention
2705	2705	to the judge.
2706	2706	(c) Without any unnecessary delay, but not later than 48
2707	2707	hours after the defendant is arrested, the arresting officer or the
2708	2708	person with custody of the defendant shall take the defendant
2709	2709	before the judge who ordered the arrest for the alleged violation of
2710	2710	a condition of community supervision or, if the judge is
2711	2711	unavailable, before a magistrate of the county in which the
2712	2712	defendant was arrested. The judge or magistrate shall perform all
2713	2713	appropriate duties and may exercise all appropriate powers as
2714	2714	provided by Article 15.17 with respect to an arrest for a new
2715	2715	offense, except that only the judge who ordered the arrest for the
2716	2716	alleged violation may authorize the defendant's release on
2717	2717	bail. The defendant may be taken before the judge or magistrate
2718	2718	under this subsection by means of an electronic broadcast system as
2719	2719	provided by and subject to the requirements of Article 15.17.
2720	2720	(d) If the defendant has not been released on bail as
2721	2721	permitted under Subsection (c), on motion by the defendant, the
2722	2722	judge who ordered the arrest for the alleged violation of a
2723	2723	condition of community supervision shall cause the defendant to be
2724	2724	brought before the judge for a hearing on the alleged violation
2725	2725	within 20 days of the date the motion is filed. After a hearing
2726	2726	without a jury, the judge may continue, extend, modify, or revoke
2727	2727	the community supervision.
2728	2728	(e) A judge may revoke without a hearing the community
2729	2729	supervision of a defendant who is imprisoned in a penal institution
2730	2730	if the defendant in writing before a court of record in the
2731	2731	jurisdiction where the defendant is imprisoned:
2732	2732	(1) waives the defendant's right to a hearing and to
2733	2733	counsel;
2734	2734	(2) affirms that the defendant has nothing to say as to
2735	2735	why sentence should not be pronounced against the defendant; and
2736	2736	(3) requests the judge to revoke community supervision
2737	2737	and to pronounce sentence.
2738	2738	(f) In a felony case, the state may amend the motion to
2739	2739	revoke community supervision at any time before the seventh day
2740	2740	before the date of the revocation hearing, after which time the
2741	2741	motion may not be amended except for good cause shown. The state
2742	2742	may not amend the motion after the commencement of taking evidence
2743	2743	at the revocation hearing.
2744	2744	(g) The judge may continue the revocation hearing for good
2745	2745	cause shown by either the defendant or the state.
2746	2746	(h) The court may not revoke the community supervision of a
2747	2747	defendant if, at the revocation hearing, the court finds that the
2748	2748	only evidence supporting the alleged violation of a condition of
2749	2749	community supervision is the uncorroborated results of a polygraph
2750	2750	examination.
2751	2751	(i) In a revocation hearing at which it is alleged only that
2752	2752	the defendant violated the conditions of community supervision by
2753	2753	failing to pay compensation paid to appointed counsel, community
2754	2754	supervision fees, or court costs, the state must prove by a
2755	2755	preponderance of the evidence that the defendant was able to pay and
2756	2756	did not pay as ordered by the judge.
2757	2757	(j) The court may order a community supervision and
2758	2758	corrections department to obtain information pertaining to the
2759	2759	factors listed under Article 42.037(h) and include that information
2760	2760	in the presentence report required under Article 42A.252(a) or a
2761	2761	separate report, as the court directs.
2762	2762	(k) A defendant has a right to counsel at a hearing under
2763	2763	this article. The court shall appoint counsel for an indigent
2764	2764	defendant in accordance with the procedures adopted under Article
2765	2765	26.04.
2766	2766	(l) A court retains jurisdiction to hold a hearing under
2767	2767	Subsection (d) and to revoke, continue, or modify community
2768	2768	supervision, regardless of whether the period of community
2769	2769	supervision imposed on the defendant has expired, if before the
2770	2770	expiration of the supervision period:
2771	2771	(1) the attorney representing the state files a motion
2772	2772	to revoke, continue, or modify community supervision; and
2773	2773	(2) a capias is issued for the arrest of the defendant.
2774	2774	(Code Crim. Proc., Art. 42.12, Sec. 21.)
2775	2775	Art. 42A.752. CONTINUATION OR MODIFICATION OF COMMUNITY
2776	2776	SUPERVISION AFTER VIOLATION. (a) If after a hearing under Article
2777	2777	42A.751(d) a judge continues or modifies community supervision
2778	2778	after determining that the defendant violated a condition of
2779	2779	community supervision, the judge may impose any other conditions
2780	2780	the judge determines are appropriate, including:
2781	2781	(1) a requirement that the defendant perform community
2782	2782	service for a number of hours specified by the court under Article
2783	2783	42A.304, or an increase in the number of hours that the defendant
2784	2784	has previously been required to perform under that article in an
2785	2785	amount not to exceed double the number of hours permitted by that
2786	2786	article;
2787	2787	(2) an extension of the period of community
2788	2788	supervision, in the manner described by Article 42A.753;
2789	2789	(3) an increase in the defendant's fine, in the manner
2790	2790	described by Subsection (b); or
2791	2791	(4) the placement of the defendant in a substance
2792	2792	abuse felony punishment program operated under Section 493.009,
2793	2793	Government Code, if:
2794	2794	(A) the defendant is convicted of a felony other
2795	2795	than:
2796	2796	(i) a felony under Section 21.11, 22.011,
2797	2797	or 22.021, Penal Code; or
2798	2798	(ii) criminal attempt of a felony under
2799	2799	Section 21.11, 22.011, or 22.021, Penal Code; and
2800	2800	(B) the judge makes an affirmative finding that:
2801	2801	(i) drug or alcohol abuse significantly
2802	2802	contributed to the commission of the offense or violation of a
2803	2803	condition of community supervision, as applicable; and
2804	2804	(ii) the defendant is a suitable candidate
2805	2805	for treatment, as determined by the suitability criteria
2806	2806	established by the Texas Board of Criminal Justice under Section
2807	2807	493.009(b), Government Code.
2808	2808	(b) A judge may impose a sanction on a defendant described
2809	2809	by Subsection (a)(3) by increasing the fine imposed on the
2810	2810	defendant. The original fine imposed on the defendant and an
2811	2811	increase in the fine imposed under this subsection may not exceed
2812	2812	the maximum fine for the offense for which the defendant was
2813	2813	sentenced. The judge shall deposit money received from an increase
2814	2814	in the defendant's fine under this subsection in the special fund of
2815	2815	the county treasury to be used for the same purposes for which state
2816	2816	aid may be used under Chapter 76, Government Code.
2817	2817	(c) If the judge imposes a sanction under Subsection (a)(4),
2818	2818	the judge shall also impose a condition requiring the defendant on
2819	2819	successful completion of the program to participate in a drug or
2820	2820	alcohol abuse continuum of care treatment plan. (Code Crim. Proc.,
2821	2821	Art. 42.12, Secs. 22(a), (b), (d).)
2822	2822	Art. 42A.753. EXTENSION OF COMMUNITY SUPERVISION AFTER
2823	2823	VIOLATION. (a) On a showing of good cause, the judge may extend a
2824	2824	period of community supervision under Article 42A.752(a)(2) as
2825	2825	frequently as the judge determines is necessary, but the period of
2826	2826	community supervision in a first, second, or third degree felony
2827	2827	case may not exceed 10 years and, except as otherwise provided by
2828	2828	Subsection (b), the period of community supervision in a
2829	2829	misdemeanor case may not exceed three years.
2830	2830	(b) The judge may extend the period of community supervision
2831	2831	in a misdemeanor case for any period the judge determines is
2832	2832	necessary, not to exceed an additional two years beyond the
2833	2833	three-year limit provided by Subsection (a), if:
2834	2834	(1) the defendant fails to pay a previously assessed
2835	2835	fine, cost, or restitution; and
2836	2836	(2) the judge determines that extending the
2837	2837	supervision period increases the likelihood that the defendant will
2838	2838	fully pay the fine, cost, or restitution.
2839	2839	(c) A court may extend a period of community supervision
2840	2840	under Article 42A.752(a)(2):
2841	2841	(1) at any time during the supervision period; or
2842	2842	(2) before the first anniversary of the date the
2843	2843	supervision period ends, if a motion for revocation of community
2844	2844	supervision is filed before the date the supervision period ends.
2845	2845	(Code Crim. Proc., Art. 42.12, Sec. 22(c).)
2846	2846	Art. 42A.754. AUTHORITY TO REVOKE COMMUNITY SUPERVISION.
2847	2847	Only the court in which the defendant was tried may revoke the
2848	2848	defendant's community supervision unless the judge has transferred
2849	2849	jurisdiction of the case to another court under Article 42A.151.
2850	2850	(Code Crim. Proc., Art. 42.12, Sec. 10(a) (part).)
2851	2851	Art. 42A.755. REVOCATION OF COMMUNITY SUPERVISION. (a) If
2852	2852	community supervision is revoked after a hearing under Article
2853	2853	42A.751(d), the judge may:
2854	2854	(1) proceed to dispose of the case as if there had been
2855	2855	no community supervision; or
2856	2856	(2) if the judge determines that the best interests of
2857	2857	society and the defendant would be served by a shorter term of
2858	2858	confinement, reduce the term of confinement originally assessed to
2859	2859	any term of confinement not less than the minimum prescribed for the
2860	2860	offense of which the defendant was convicted.
2861	2861	(b) The judge shall enter in the judgment in the case the
2862	2862	amount of restitution owed by the defendant on the date of
2863	2863	revocation.
2864	2864	(c) Except as otherwise provided by Subsection (d), no part
2865	2865	of the period that the defendant is on community supervision may be
2866	2866	considered as any part of the term that the defendant is sentenced
2867	2867	to serve.
2868	2868	(d) On revocation, the judge shall credit to the defendant
2869	2869	time served as a condition of community supervision in a substance
2870	2870	abuse felony punishment facility operated by the Texas Department
2871	2871	of Criminal Justice under Section 493.009, Government Code, or
2872	2872	other court-ordered residential program or facility, but only if
2873	2873	the defendant successfully completes the treatment program in that
2874	2874	facility.
2875	2875	(e) The right of the defendant to appeal for a review of the
2876	2876	conviction and punishment, as provided by law, shall be accorded
2877	2877	the defendant at the time the defendant is placed on community
2878	2878	supervision. When the defendant is notified that the defendant's
2879	2879	community supervision is revoked for a violation of the conditions
2880	2880	of community supervision and the defendant is called on to serve a
2881	2881	sentence in a jail or in the Texas Department of Criminal Justice,
2882	2882	the defendant may appeal the revocation. (Code Crim. Proc.,
2883	2883	Art. 42.12, Sec. 23.)
2884	2884	Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a
2885	2885	hearing under Article 42A.751(d), it is an affirmative defense to
2886	2886	revocation for an alleged violation based on a failure to report to
2887	2887	a supervision officer as directed or to remain within a specified
2888	2888	place that no supervision officer, peace officer, or other officer
2889	2889	with the power of arrest under a warrant issued by a judge for that
2890	2890	alleged violation contacted or attempted to contact the defendant
2891	2891	in person at the defendant's last known residence address or last
2892	2892	known employment address, as reflected in the files of the
2893	2893	department serving the county in which the order of deferred
2894	2894	adjudication community supervision was entered. (Code Crim. Proc.,
2895	2895	Art. 42.12, Sec. 24 (part).)
2896	2896	Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR
2897	2897	CERTAIN SEX OFFENDERS. (a) If a defendant is placed on deferred
2898	2898	adjudication community supervision after being convicted of an
2899	2899	offense under Section 21.11, 22.011, or 22.021, Penal Code, at any
2900	2900	time during the period of community supervision, the judge may
2901	2901	extend the period of community supervision as provided by this
2902	2902	article.
2903	2903	(b) At a hearing at which the defendant is provided the same
2904	2904	rights as are provided to a defendant at a hearing under Article
2905	2905	42A.751(d), the judge may extend the defendant's supervision period
2906	2906	for a period not to exceed 10 additional years if the judge
2907	2907	determines that:
2908	2908	(1) the defendant has not sufficiently demonstrated a
2909	2909	commitment to avoid future criminal behavior; and
2910	2910	(2) the release of the defendant from supervision
2911	2911	would endanger the public.
2912	2912	(c) A judge may extend a period of community supervision
2913	2913	under this article only once.
2914	2914	(d) A judge may extend a period of community supervision for
2915	2915	a defendant under both Article 42A.752(a)(2) and this article.
2916	2916	(e) The prohibition in Article 42A.753(a) against a period
2917	2917	of community supervision in a felony case exceeding 10 years does
2918	2918	not apply to a defendant for whom community supervision is
2919	2919	increased under this article or under both Article 42A.752(a)(2) and this article. (Code Crim. Proc., Art. 42.12, Sec. 22A.)
2920	2920	ARTICLE 2. CONFORMING AMENDMENTS
2921	2921	SECTION 2.01. Sections 106.06(d) and (e), Alcoholic
2922	2922	Beverage Code, are amended to read as follows:
2923	2923	(d) A judge, acting under Chapter 42A [Article 42.12], Code
2924	2924	of Criminal Procedure, who places a defendant charged with an
2925	2925	offense under this section on community supervision under that
2926	2926	chapter [article] shall, if the defendant committed the offense at
2927	2927	a gathering where participants were involved in the abuse of
2928	2928	alcohol, including binge drinking or forcing or coercing
2929	2929	individuals to consume alcohol, in addition to any other condition
2930	2930	imposed by the judge:
2931	2931	(1) require the defendant to:
2932	2932	(A) perform community service for not less than
2933	2933	20 or more than 40 hours; and
2934	2934	(B) attend an alcohol awareness program approved
2935	2935	under Section 106.115; and
2936	2936	(2) order the Department of Public Safety to suspend
2937	2937	the driver's license or permit of the defendant or, if the defendant
2938	2938	does not have a driver's license or permit, to deny the issuance of
2939	2939	a driver's license or permit to the defendant for 180 days.
2940	2940	(e) Community service ordered under Subsection (d) is in
2941	2941	addition to any community service ordered by the judge under
2942	2942	Article 42A.304 [Section 16, Article 42.12], Code of Criminal
2943	2943	Procedure, and must be related to education about or prevention of
2944	2944	misuse of alcohol if programs or services providing that education
2945	2945	are available in the community in which the court is located. If
2946	2946	programs or services providing that education are not available,
2947	2947	the court may order community service that the court considers
2948	2948	appropriate for rehabilitative purposes.
2949	2949	SECTION 2.02. Section 142.002(b), Civil Practice and
2950	2950	Remedies Code, is amended to read as follows:
2951	2951	(b) This section does not preclude a cause of action for
2952	2952	negligent hiring or the failure of an employer, general contractor,
2953	2953	premises owner, or other third party to provide adequate
2954	2954	supervision of an employee, if:
2955	2955	(1) the employer, general contractor, premises owner,
2956	2956	or other third party knew or should have known of the conviction;
2957	2957	and
2958	2958	(2) the employee was convicted of:
2959	2959	(A) an offense that was committed while
2960	2960	performing duties substantially similar to those reasonably
2961	2961	expected to be performed in the employment, or under conditions
2962	2962	substantially similar to those reasonably expected to be
2963	2963	encountered in the employment, taking into consideration the
2964	2964	factors listed in Sections 53.022 and 53.023(a), Occupations Code,
2965	2965	without regard to whether the occupation requires a license;
2966	2966	(B) an offense listed in Article 42A.054 [Section
2967	2967	3g, Article 42.12], Code of Criminal Procedure; or
2968	2968	(C) a sexually violent offense, as defined by
2969	2969	Article 62.001, Code of Criminal Procedure.
2970	2970	SECTION 2.03. Section 152.003(c), Civil Practice and
2971	2971	Remedies Code, is amended to read as follows:
2972	2972	(c) A criminal case may not be referred to the system if the
2973	2973	defendant is charged with or convicted of an offense listed in
2974	2974	Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
2975	2975	Criminal Procedure, or convicted of an offense, the judgment for
2976	2976	which contains an affirmative finding under Article 42A.054(c) or
2977	2977	(d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
2978	2978	SECTION 2.04. Article 5.08, Code of Criminal Procedure, is
2979	2979	amended to read as follows:
2980	2980	Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES.
2981	2981	Notwithstanding Article 26.13(g) or 42A.301(15) [Section
2982	2982	11(a)(16), Article 42.12, of this code], in a criminal prosecution
2983	2983	arising from family violence, as that term is defined by Section
2984	2984	71.004, Family Code, a court shall not refer or order the victim or
2985	2985	the defendant involved to mediation, dispute resolution,
2986	2986	arbitration, or other similar procedures.
2987	2987	SECTION 2.05. Article 17.091, Code of Criminal Procedure,
2988	2988	is amended to read as follows:
2989	2989	Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
2990	2990	Before a judge or magistrate reduces the amount of bail set for a
2991	2991	defendant charged with an offense listed in Article 42A.054
2992	2992	[Section 3g, Article 42.12], an offense described by Article
2993	2993	62.001(5), or an offense under Section 20A.03, Penal Code, the
2994	2994	judge or magistrate shall provide:
2995	2995	(1) to the attorney representing the state, reasonable
2996	2996	notice of the proposed bail reduction; and
2997	2997	(2) on request of the attorney representing the state
2998	2998	or the defendant or the defendant's counsel, an opportunity for a
2999	2999	hearing concerning the proposed bail reduction.
3000	3000	SECTION 2.06. Article 26.052(d)(3), Code of Criminal
3001	3001	Procedure, is amended to read as follows:
3002	3002	(3) The standards must require that an attorney
3003	3003	appointed as lead appellate counsel in the direct appeal of a
3004	3004	capital case:
3005	3005	(A) be a member of the State Bar of Texas;
3006	3006	(B) exhibit proficiency and commitment to
3007	3007	providing quality representation to defendants in death penalty
3008	3008	cases;
3009	3009	(C) have not been found by a federal or state
3010	3010	court to have rendered ineffective assistance of counsel during the
3011	3011	trial or appeal of any capital case, unless the local selection
3012	3012	committee determines under Subsection (n) that the conduct
3013	3013	underlying the finding no longer accurately reflects the attorney's
3014	3014	ability to provide effective representation;
3015	3015	(D) have at least five years of criminal law
3016	3016	experience;
3017	3017	(E) have authored a significant number of
3018	3018	appellate briefs, including appellate briefs for homicide cases and
3019	3019	other cases involving an offense punishable as a capital felony or a
3020	3020	felony of the first degree or an offense described by Article
3021	3021	42A.054(a) [Section 3g(a)(1), Article 42.12];
3022	3022	(F) have trial or appellate experience in:
3023	3023	(i) the use of and challenges to mental
3024	3024	health or forensic expert witnesses; and
3025	3025	(ii) the use of mitigating evidence at the
3026	3026	penalty phase of a death penalty trial; and
3027	3027	(G) have participated in continuing legal
3028	3028	education courses or other training relating to criminal defense in
3029	3029	appealing death penalty cases.
3030	3030	SECTION 2.07. Section 3(d), Article 37.07, Code of Criminal
3031	3031	Procedure, is amended to read as follows:
3032	3032	(d) When the judge assesses the punishment, the judge [he]
3033	3033	may order a presentence [an investigative] report as contemplated
3034	3034	in Subchapter F, Chapter 42A, [Section 9 of Article 42.12 of this
3035	3035	code] and after considering the report, and after the hearing of the
3036	3036	evidence hereinabove provided for, the judge [he] shall forthwith
3037	3037	announce the judge's [his] decision in open court as to the
3038	3038	punishment to be assessed.
3039	3039	SECTION 2.08. Sections 4(a), (b), and (c), Article 37.07,
3040	3040	Code of Criminal Procedure, are amended to read as follows:
3041	3041	(a) In the penalty phase of the trial of a felony case in
3042	3042	which the punishment is to be assessed by the jury rather than the
3043	3043	court, if the offense of which the jury has found the defendant
3044	3044	guilty is an offense under Section 71.02, Penal Code, other than an
3045	3045	offense punishable as a state jail felony under that section, an
3046	3046	offense under Section 71.023, Penal Code, or an offense listed in
3047	3047	Article 42A.054(a) [Section 3g(a)(1), Article 42.12], or if the
3048	3048	judgment contains an affirmative finding under Article 42A.054(c)
3049	3049	or (d) [Section 3g(a)(2), Article 42.12], unless the defendant has
3050	3050	been convicted of an offense under Section 21.02, Penal Code, an
3051	3051	offense under Section 22.021, Penal Code, that is punishable under
3052	3052	Subsection (f) of that section, or a capital felony, the court shall
3053	3053	charge the jury in writing as follows:
3054	3054	"Under the law applicable in this case, the defendant, if
3055	3055	sentenced to a term of imprisonment, may earn time off the period of
3056	3056	incarceration imposed through the award of good conduct time.
3057	3057	Prison authorities may award good conduct time to a prisoner who
3058	3058	exhibits good behavior, diligence in carrying out prison work
3059	3059	assignments, and attempts at rehabilitation. If a prisoner engages
3060	3060	in misconduct, prison authorities may also take away all or part of
3061	3061	any good conduct time earned by the prisoner.
3062	3062	"It is also possible that the length of time for which the
3063	3063	defendant will be imprisoned might be reduced by the award of
3064	3064	parole.
3065	3065	"Under the law applicable in this case, if the defendant is
3066	3066	sentenced to a term of imprisonment, the defendant will not become
3067	3067	eligible for parole until the actual time served equals one-half of
3068	3068	the sentence imposed or 30 years, whichever is less, without
3069	3069	consideration of any good conduct time the defendant may earn. If
3070	3070	the defendant is sentenced to a term of less than four years, the
3071	3071	defendant must serve at least two years before the defendant is
3072	3072	eligible for parole. Eligibility for parole does not guarantee
3073	3073	that parole will be granted.
3074	3074	"It cannot accurately be predicted how the parole law and
3075	3075	good conduct time might be applied to this defendant if sentenced to
3076	3076	a term of imprisonment, because the application of these laws will
3077	3077	depend on decisions made by prison and parole authorities.
3078	3078	"You may consider the existence of the parole law and good
3079	3079	conduct time. However, you are not to consider the extent to which
3080	3080	good conduct time may be awarded to or forfeited by this particular
3081	3081	defendant. You are not to consider the manner in which the parole
3082	3082	law may be applied to this particular defendant."
3083	3083	(b) In the penalty phase of the trial of a felony case in
3084	3084	which the punishment is to be assessed by the jury rather than the
3085	3085	court, if the offense is punishable as a felony of the first degree,
3086	3086	if a prior conviction has been alleged for enhancement of
3087	3087	punishment as provided by Section 12.42(b), (c)(1) or (2), or (d),
3088	3088	Penal Code, or if the offense is a felony not designated as a
3089	3089	capital felony or a felony of the first, second, or third degree and
3090	3090	the maximum term of imprisonment that may be imposed for the offense
3091	3091	is longer than 60 years, unless the offense of which the jury has
3092	3092	found the defendant guilty is an offense that is punishable under
3093	3093	Section 21.02(h), Penal Code, or is listed in Article 42A.054(a)
3094	3094	[Section 3g(a)(1), Article 42.12, of this code] or the judgment
3095	3095	contains an affirmative finding under Article 42A.054(c) or (d)
3096	3096	[Section 3g(a)(2), Article 42.12, of this code], the court shall
3097	3097	charge the jury in writing as follows:
3098	3098	"Under the law applicable in this case, the defendant, if
3099	3099	sentenced to a term of imprisonment, may earn time off the period of
3100	3100	incarceration imposed through the award of good conduct time.
3101	3101	Prison authorities may award good conduct time to a prisoner who
3102	3102	exhibits good behavior, diligence in carrying out prison work
3103	3103	assignments, and attempts at rehabilitation. If a prisoner engages
3104	3104	in misconduct, prison authorities may also take away all or part of
3105	3105	any good conduct time earned by the prisoner.
3106	3106	"It is also possible that the length of time for which the
3107	3107	defendant will be imprisoned might be reduced by the award of
3108	3108	parole.
3109	3109	"Under the law applicable in this case, if the defendant is
3110	3110	sentenced to a term of imprisonment, he will not become eligible for
3111	3111	parole until the actual time served plus any good conduct time
3112	3112	earned equals one-fourth of the sentence imposed or 15 years,
3113	3113	whichever is less. Eligibility for parole does not guarantee that
3114	3114	parole will be granted.
3115	3115	"It cannot accurately be predicted how the parole law and
3116	3116	good conduct time might be applied to this defendant if he is
3117	3117	sentenced to a term of imprisonment, because the application of
3118	3118	these laws will depend on decisions made by prison and parole
3119	3119	authorities.
3120	3120	"You may consider the existence of the parole law and good
3121	3121	conduct time. However, you are not to consider the extent to which
3122	3122	good conduct time may be awarded to or forfeited by this particular
3123	3123	defendant. You are not to consider the manner in which the parole
3124	3124	law may be applied to this particular defendant."
3125	3125	(c) In the penalty phase of the trial of a felony case in
3126	3126	which the punishment is to be assessed by the jury rather than the
3127	3127	court, if the offense is punishable as a felony of the second or
3128	3128	third degree, if a prior conviction has been alleged for
3129	3129	enhancement as provided by Section 12.42(a), Penal Code, or if the
3130	3130	offense is a felony not designated as a capital felony or a felony
3131	3131	of the first, second, or third degree and the maximum term of
3132	3132	imprisonment that may be imposed for the offense is 60 years or
3133	3133	less, unless the offense of which the jury has found the defendant
3134	3134	guilty is listed in Article 42A.054(a) [Section 3g(a)(1), Article
3135	3135	42.12, of this code] or the judgment contains an affirmative
3136	3136	finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
3137	3137	42.12, of this code], the court shall charge the jury in writing as
3138	3138	follows:
3139	3139	"Under the law applicable in this case, the defendant, if
3140	3140	sentenced to a term of imprisonment, may earn time off the period of
3141	3141	incarceration imposed through the award of good conduct time.
3142	3142	Prison authorities may award good conduct time to a prisoner who
3143	3143	exhibits good behavior, diligence in carrying out prison work
3144	3144	assignments, and attempts at rehabilitation. If a prisoner engages
3145	3145	in misconduct, prison authorities may also take away all or part of
3146	3146	any good conduct time earned by the prisoner.
3147	3147	"It is also possible that the length of time for which the
3148	3148	defendant will be imprisoned might be reduced by the award of
3149	3149	parole.
3150	3150	"Under the law applicable in this case, if the defendant is
3151	3151	sentenced to a term of imprisonment, he will not become eligible for
3152	3152	parole until the actual time served plus any good conduct time
3153	3153	earned equals one-fourth of the sentence imposed. Eligibility for
3154	3154	parole does not guarantee that parole will be granted.
3155	3155	"It cannot accurately be predicted how the parole law and
3156	3156	good conduct time might be applied to this defendant if he is
3157	3157	sentenced to a term of imprisonment, because the application of
3158	3158	these laws will depend on decisions made by prison and parole
3159	3159	authorities.
3160	3160	"You may consider the existence of the parole law and good
3161	3161	conduct time. However, you are not to consider the extent to which
3162	3162	good conduct time may be awarded to or forfeited by this particular
3163	3163	defendant. You are not to consider the manner in which the parole
3164	3164	law may be applied to this particular defendant."
3165	3165	SECTION 2.09. Section 1, Article 38.33, Code of Criminal
3166	3166	Procedure, is amended to read as follows:
3167	3167	Sec. 1. The court shall order that a defendant who is
3168	3168	convicted of a felony or a misdemeanor offense that is punishable by
3169	3169	confinement in jail have a thumbprint of the defendant's right
3170	3170	thumb rolled legibly on the judgment or the docket sheet in the
3171	3171	case. The court shall order a defendant who is placed on deferred
3172	3172	adjudication community supervision [probation] under Subchapter C,
3173	3173	Chapter 42A [Section 5 of Article 42.12, Code of Criminal
3174	3174	Procedure], for an offense described by this section to have a
3175	3175	thumbprint of the defendant's right thumb rolled legibly on the
3176	3176	order placing the defendant on deferred adjudication community
3177	3177	supervision [probation]. If the defendant does not have a right
3178	3178	thumb, the defendant must have a thumbprint of the defendant's left
3179	3179	thumb rolled legibly on the judgment, order, or docket sheet. The
3180	3180	defendant must have a fingerprint of the defendant's index finger
3181	3181	rolled legibly on the judgment, order, or docket sheet if the
3182	3182	defendant does not have a right thumb or a left thumb. The
3183	3183	judgment, order, or docket sheet must contain a statement that
3184	3184	describes from which thumb or finger the print was taken, unless a
3185	3185	rolled 10-finger print set was taken. A clerk or bailiff of the
3186	3186	court or other person qualified to take fingerprints shall take the
3187	3187	thumbprint or fingerprint, either by use of the ink-rolled print
3188	3188	method or by use of a live-scanning device that prints the
3189	3189	thumbprint or fingerprint image on the judgment, order, or docket
3190	3190	sheet.
3191	3191	SECTION 2.10. Section 1, Article 42.01, Code of Criminal
3192	3192	Procedure, is amended to read as follows:
3193	3193	Sec. 1. A judgment is the written declaration of the court
3194	3194	signed by the trial judge and entered of record showing the
3195	3195	conviction or acquittal of the defendant. The sentence served
3196	3196	shall be based on the information contained in the judgment. The
3197	3197	judgment shall reflect:
3198	3198	1. The title and number of the case;
3199	3199	2. That the case was called and the parties appeared,
3200	3200	naming the attorney for the state, the defendant, and the attorney
3201	3201	for the defendant, or, where a defendant is not represented by
3202	3202	counsel, that the defendant knowingly, intelligently, and
3203	3203	voluntarily waived the right to representation by counsel;
3204	3204	3. The plea or pleas of the defendant to the offense
3205	3205	charged;
3206	3206	4. Whether the case was tried before a jury or a jury
3207	3207	was waived;
3208	3208	5. The submission of the evidence, if any;
3209	3209	6. In cases tried before a jury that the jury was
3210	3210	charged by the court;
3211	3211	7. The verdict or verdicts of the jury or the finding
3212	3212	or findings of the court;
3213	3213	8. In the event of a conviction that the defendant is
3214	3214	adjudged guilty of the offense as found by the verdict of the jury
3215	3215	or the finding of the court, and that the defendant be punished in
3216	3216	accordance with the jury's verdict or the court's finding as to the
3217	3217	proper punishment;
3218	3218	9. In the event of conviction where death or any
3219	3219	punishment is assessed that the defendant be sentenced to death, a
3220	3220	term of confinement or community supervision, or to pay a fine, as
3221	3221	the case may be;
3222	3222	10. In the event of conviction where the imposition of
3223	3223	sentence is suspended and the defendant is placed on community
3224	3224	supervision, setting forth the punishment assessed, the length of
3225	3225	community supervision, and the conditions of community
3226	3226	supervision;
3227	3227	11. In the event of acquittal that the defendant be
3228	3228	discharged;
3229	3229	12. The county and court in which the case was tried
3230	3230	and, if there was a change of venue in the case, the name of the
3231	3231	county in which the prosecution was originated;
3232	3232	13. The offense or offenses for which the defendant
3233	3233	was convicted;
3234	3234	14. The date of the offense or offenses and degree of
3235	3235	offense for which the defendant was convicted;
3236	3236	15. The term of sentence;
3237	3237	16. The date judgment is entered;
3238	3238	17. The date sentence is imposed;
3239	3239	18. The date sentence is to commence and any credit for
3240	3240	time served;
3241	3241	19. The terms of any order entered pursuant to Article
3242	3242	42.08 [of this code] that the defendant's sentence is to run
3243	3243	cumulatively or concurrently with another sentence or sentences;
3244	3244	20. The terms of any plea bargain;
3245	3245	21. Affirmative findings entered pursuant to Article
3246	3246	42A.054(c) or (d) [Subdivision (2) of Subsection (a) of Section 3g
3247	3247	of Article 42.12 of this code];
3248	3248	22. The terms of any fee payment ordered under Article
3249	3249	42.151 [of this code];
3250	3250	23. The defendant's thumbprint taken in accordance
3251	3251	with Article 38.33 [of this code];
3252	3252	24. In the event that the judge orders the defendant to
3253	3253	repay a reward or part of a reward under Articles 37.073 and 42.152
3254	3254	[of this code], a statement of the amount of the payment or payments
3255	3255	required to be made;
3256	3256	25. In the event that the court orders restitution to
3257	3257	be paid to the victim, a statement of the amount of restitution
3258	3258	ordered and:
3259	3259	(A) the name and address of a person or agency
3260	3260	that will accept and forward restitution payments to the victim; or
3261	3261	(B) if the court specifically elects to have
3262	3262	payments made directly to the crime victim, the name and permanent
3263	3263	address of the victim at the time of judgment;
3264	3264	26. In the event that a presentence investigation is
3265	3265	required by Subchapter F, Chapter 42A [Section 9(a), (b), (h), or
3266	3266	(i), Article 42.12 of this code], a statement that the presentence
3267	3267	investigation was done according to the applicable provision;
3268	3268	27. In the event of conviction of an offense for which
3269	3269	registration as a sex offender is required under Chapter 62, a
3270	3270	statement that the registration requirement of that chapter applies
3271	3271	to the defendant and a statement of the age of the victim of the
3272	3272	offense;
3273	3273	28. The defendant's state identification number
3274	3274	required by Section 60.052(a)(2), if that number has been assigned
3275	3275	at the time of the judgment; and
3276	3276	29. The incident number required by Section
3277	3277	60.052(a)(4), if that number has been assigned at the time of the
3278	3278	judgment.
3279	3279	SECTION 2.11. Article 42.025(b), Code of Criminal
3280	3280	Procedure, is amended to read as follows:
3281	3281	(b) A judge may, at a secondary school, receive a plea of
3282	3282	guilty or nolo contendere from a defendant charged with an offense
3283	3283	described by Subsection (a) and place the defendant on deferred
3284	3284	adjudication under Subchapter C, Chapter 42A [Section 5, Article
3285	3285	42.12], if:
3286	3286	(1) the judge makes the determination that the
3287	3287	proceeding would have educational value, as provided by Subsection
3288	3288	(a)(1);
3289	3289	(2) the defendant and the school agree to the location
3290	3290	of the proceeding, as provided by Subsections (a)(2) and (3); and
3291	3291	(3) appropriate measures are taken in regard to the
3292	3292	safety of students and the rights of the defendant, as described by
3293	3293	Subsection (a)(4).
3294	3294	SECTION 2.12. Section 2(b), Article 42.03, Code of Criminal
3295	3295	Procedure, is amended to read as follows:
3296	3296	(b) In all revocations of a suspension of the imposition of
3297	3297	a sentence the judge shall enter the restitution [or reparation]
3298	3298	due and owing on the date of the revocation.
3299	3299	SECTION 2.13. Articles 42.037(i) and (j), Code of Criminal
3300	3300	Procedure, are amended to read as follows:
3301	3301	(i) In addition to any other terms and conditions of
3302	3302	community supervision [probation] imposed under Chapter 42A
3303	3303	[Article 42.12], the court may require a defendant [probationer] to
3304	3304	reimburse the compensation to victims of crime fund created under
3305	3305	Subchapter B, Chapter 56, for any amounts paid from that fund to or
3306	3306	on behalf of a victim of the defendant's [probationer's] offense.
3307	3307	In this subsection, "victim" has the meaning assigned by Article
3308	3308	56.32.
3309	3309	(j) The court may order a community supervision and
3310	3310	corrections department to obtain information pertaining to the
3311	3311	factors listed in Subsection (c) [of this article]. The
3312	3312	supervision [probation] officer shall include the information in
3313	3313	the report required under Article 42A.252(a) [Section 9(a), Article
3314	3314	42.12, of this code] or a separate report, as the court directs.
3315	3315	The court shall permit the defendant and the prosecuting attorney
3316	3316	to read the report.
3317	3317	SECTION 2.14. Article 42.08(a), Code of Criminal Procedure,
3318	3318	is amended to read as follows:
3319	3319	(a) When the same defendant has been convicted in two or
3320	3320	more cases, judgment and sentence shall be pronounced in each case
3321	3321	in the same manner as if there had been but one conviction. Except
3322	3322	as provided by Subsections [Sections] (b) and (c) [of this
3323	3323	article], in the discretion of the court, the judgment in the second
3324	3324	and subsequent convictions may either be that the sentence imposed
3325	3325	or suspended shall begin when the judgment and the sentence imposed
3326	3326	or suspended in the preceding conviction has ceased to operate, or
3327	3327	that the sentence imposed or suspended shall run concurrently with
3328	3328	the other case or cases, and sentence and execution shall be
3329	3329	accordingly; provided, however, that the cumulative total of
3330	3330	suspended sentences in felony cases shall not exceed 10 years, and
3331	3331	the cumulative total of suspended sentences in misdemeanor cases
3332	3332	shall not exceed the maximum period of confinement in jail
3333	3333	applicable to the misdemeanor offenses, though in no event more
3334	3334	than three years, including extensions of periods of community
3335	3335	supervision under Article 42A.752(a)(2) [Section 22, Article
3336	3336	42.12, of this code], if none of the offenses are offenses under
3337	3337	Chapter 49, Penal Code, or four years, including extensions, if any
3338	3338	of the offenses are offenses under Chapter 49, Penal Code.
3339	3339	SECTION 2.15. Section 7, Article 42.09, Code of Criminal
3340	3340	Procedure, is amended to read as follows:
3341	3341	Sec. 7. If a defendant is sentenced to a term of
3342	3342	imprisonment in the Texas Department of Criminal Justice but is not
3343	3343	transferred to the department under Section 3 or 4, the court,
3344	3344	before the date on which it would lose jurisdiction under Article
3345	3345	42A.202(a) [Section 6(a), Article 42.12], shall send to the
3346	3346	department a document containing a statement of the date on which
3347	3347	the defendant's sentence was pronounced and credits earned by the
3348	3348	defendant under Article 42.03 as of the date of the statement.
3349	3349	SECTION 2.16. Section 8(a), Article 42.09, Code of Criminal
3350	3350	Procedure, is amended to read as follows:
3351	3351	(a) A county that transfers a defendant to the Texas
3352	3352	Department of Criminal Justice under this article shall deliver to
3353	3353	an officer designated by the department:
3354	3354	(1) a copy of the judgment entered pursuant to Article
3355	3355	42.01, completed on a standardized felony judgment form described
3356	3356	by Section 4 of that article;
3357	3357	(2) a copy of any order revoking community supervision
3358	3358	and imposing sentence pursuant to Article 42A.755 [Section 23,
3359	3359	Article 42.12], including:
3360	3360	(A) any amounts owed for restitution, fines, and
3361	3361	court costs, completed on a standardized felony judgment form
3362	3362	described by Section 4, Article 42.01; and
3363	3363	(B) a copy of the client supervision plan
3364	3364	prepared for the defendant by the community supervision and
3365	3365	corrections department supervising the defendant, if such a plan
3366	3366	was prepared;
3367	3367	(3) a written report that states the nature and the
3368	3368	seriousness of each offense and that states the citation to the
3369	3369	provision or provisions of the Penal Code or other law under which
3370	3370	the defendant was convicted;
3371	3371	(4) a copy of the victim impact statement, if one has
3372	3372	been prepared in the case under Article 56.03;
3373	3373	(5) a statement as to whether there was a change in
3374	3374	venue in the case and, if so, the names of the county prosecuting
3375	3375	the offense and the county in which the case was tried;
3376	3376	(6) if requested, information regarding the criminal
3377	3377	history of the defendant, including the defendant's state
3378	3378	identification number if the number has been issued;
3379	3379	(7) a copy of the indictment or information for each
3380	3380	offense;
3381	3381	(8) a checklist sent by the department to the county
3382	3382	and completed by the county in a manner indicating that the
3383	3383	documents required by this subsection and Subsection (c) accompany
3384	3384	the defendant;
3385	3385	(9) if prepared, a copy of a presentence or
3386	3386	postsentence [investigation] report prepared under Subchapter F,
3387	3387	Chapter 42A [Section 9, Article 42.12];
3388	3388	(10) a copy of any detainer, issued by an agency of the
3389	3389	federal government, that is in the possession of the county and that
3390	3390	has been placed on the defendant;
3391	3391	(11) if prepared, a copy of the defendant's Texas
3392	3392	Uniform Health Status Update Form; and
3393	3393	(12) a written description of a hold or warrant,
3394	3394	issued by any other jurisdiction, that the county is aware of and
3395	3395	that has been placed on or issued for the defendant.
3396	3396	SECTION 2.17. Article 42.14(b), Code of Criminal Procedure,
3397	3397	is amended to read as follows:
3398	3398	(b) In a felony case, the judgment and sentence may be
3399	3399	rendered in the absence of the defendant only if:
3400	3400	(1) the defendant is confined in a penal institution;
3401	3401	(2) the defendant is not charged with a felony
3402	3402	offense:
3403	3403	(A) that is listed in Article 42A.054(a) [Section
3404	3404	3g(a)(1), Article 42.12]; or
3405	3405	(B) for which it is alleged that:
3406	3406	(i) a deadly weapon was used or exhibited
3407	3407	during the commission of the offense or during immediate flight
3408	3408	from the commission of the offense; and
3409	3409	(ii) the defendant used or exhibited the
3410	3410	deadly weapon or was a party to the offense and knew that a deadly
3411	3411	weapon would be used or exhibited;
3412	3412	(3) the defendant in writing before the appropriate
3413	3413	court having jurisdiction in the county in which the penal
3414	3414	institution is located:
3415	3415	(A) waives the right to be present at the
3416	3416	rendering of the judgment and sentence or to have counsel present;
3417	3417	(B) affirms that the defendant does not have
3418	3418	anything to say as to why the sentence should not be pronounced and
3419	3419	that there is no reason to prevent the sentence under Article 42.07;
3420	3420	(C) states that the defendant has entered into a
3421	3421	written plea agreement with the attorney representing the state in
3422	3422	the prosecution of the case; and
3423	3423	(D) requests the court to pronounce sentence in
3424	3424	the case in accordance with the plea agreement;
3425	3425	(4) the defendant and the attorney representing the
3426	3426	state in the prosecution of the case have entered into a written
3427	3427	plea agreement that is made a part of the record in the case; and
3428	3428	(5) sentence is pronounced in accordance with the plea
3429	3429	agreement.
3430	3430	SECTION 2.18. Article 44.01(j), Code of Criminal Procedure,
3431	3431	is amended to read as follows:
3432	3432	(j) Nothing in this article is to interfere with the
3433	3433	defendant's right to appeal under the procedures of Article 44.02
3434	3434	[of this code]. The defendant's right to appeal under Article 44.02
3435	3435	may be prosecuted by the defendant where the punishment assessed is
3436	3436	in accordance with Subchapter C, Chapter 42A [Subsection (a),
3437	3437	Section 3d, Article 42.12 of this code], as well as any other
3438	3438	punishment assessed in compliance with Article 44.02 [of this
3439	3439	code].
3440	3440	SECTION 2.19. Article 44.04(b), Code of Criminal Procedure,
3441	3441	is amended to read as follows:
3442	3442	(b) The defendant may not be released on bail pending the
3443	3443	appeal from any felony conviction where the punishment equals or
3444	3444	exceeds 10 years confinement or where the defendant has been
3445	3445	convicted of an offense listed under Article 42A.054(a) [Section
3446	3446	3g(a)(1), Article 42.12], but shall immediately be placed in
3447	3447	custody and the bail discharged.
3448	3448	SECTION 2.20. Articles 46B.073(c) and (d), Code of Criminal
3449	3449	Procedure, are amended to read as follows:
3450	3450	(c) If the defendant is charged with an offense listed in
3451	3451	Article 17.032(a), other than an offense listed in Article
3452	3452	17.032(a)(6), or the indictment alleges an affirmative finding
3453	3453	under Article 42A.054(c) or (d) [Section 3g(a)(2), Article 42.12],
3454	3454	the court shall enter an order committing the defendant to the
3455	3455	maximum security unit of any facility designated by the department,
3456	3456	to an agency of the United States operating a mental hospital, or to
3457	3457	a Department of Veterans Affairs hospital.
3458	3458	(d) If the defendant is not charged with an offense
3459	3459	described by Subsection (c) and the indictment does not allege an
3460	3460	affirmative finding under Article 42A.054(c) or (d) [Section
3461	3461	3g(a)(2), Article 42.12], the court shall enter an order committing
3462	3462	the defendant to a mental health facility or residential care
3463	3463	facility determined to be appropriate by the local mental health
3464	3464	authority or local mental retardation authority.
3465	3465	SECTION 2.21. Article 46B.104, Code of Criminal Procedure,
3466	3466	is amended to read as follows:
3467	3467	Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
3468	3468	VIOLENCE. A defendant committed to a facility as a result of
3469	3469	proceedings initiated under this chapter shall be committed to the
3470	3470	maximum security unit of any facility designated by the department
3471	3471	if:
3472	3472	(1) the defendant is charged with an offense listed in
3473	3473	Article 17.032(a), other than an offense listed in Article
3474	3474	17.032(a)(6); or
3475	3475	(2) the indictment charging the offense alleges an
3476	3476	affirmative finding under Article 42A.054(c) or (d) [Section
3477	3477	3g(a)(2), Article 42.12].
3478	3478	SECTION 2.22. Article 48.01(b), Code of Criminal Procedure,
3479	3479	is amended to read as follows:
3480	3480	(b) The Board of Pardons and Paroles may recommend that the
3481	3481	Governor grant a pardon to a person who:
3482	3482	(1) is placed on deferred adjudication community
3483	3483	supervision under Subchapter C, Chapter 42A [Section 5, Article
3484	3484	42.12], and subsequently receives a discharge and dismissal under
3485	3485	Article 42A.111 [Section 5(c) of that article]; and
3486	3486	(2) on or after the 10th anniversary of the date of
3487	3487	discharge and dismissal, submits a written request to the board for
3488	3488	a recommendation under this subsection.
3489	3489	SECTION 2.23. Articles 55.01(a) and (a-1), Code of Criminal
3490	3490	Procedure, are amended to read as follows:
3491	3491	(a) A person who has been placed under a custodial or
3492	3492	noncustodial arrest for commission of either a felony or
3493	3493	misdemeanor is entitled to have all records and files relating to
3494	3494	the arrest expunged if:
3495	3495	(1) the person is tried for the offense for which the
3496	3496	person was arrested and is:
3497	3497	(A) acquitted by the trial court, except as
3498	3498	provided by Subsection (c); or
3499	3499	(B) convicted and subsequently:
3500	3500	(i) pardoned for a reason other than that
3501	3501	described by Subparagraph (ii); or
3502	3502	(ii) pardoned or otherwise granted relief
3503	3503	on the basis of actual innocence with respect to that offense, if
3504	3504	the applicable pardon or court order clearly indicates on its face
3505	3505	that the pardon or order was granted or rendered on the basis of the
3506	3506	person's actual innocence; or
3507	3507	(2) the person has been released and the charge, if
3508	3508	any, has not resulted in a final conviction and is no longer pending
3509	3509	and there was no court-ordered community supervision under Chapter
3510	3510	42A [Article 42.12] for the offense, unless the offense is a Class C
3511	3511	misdemeanor, provided that:
3512	3512	(A) regardless of whether any statute of
3513	3513	limitations exists for the offense and whether any limitations
3514	3514	period for the offense has expired, an indictment or information
3515	3515	charging the person with the commission of a misdemeanor offense
3516	3516	based on the person's arrest or charging the person with the
3517	3517	commission of any felony offense arising out of the same
3518	3518	transaction for which the person was arrested:
3519	3519	(i) has not been presented against the
3520	3520	person at any time following the arrest, and:
3521	3521	(a) at least 180 days have elapsed
3522	3522	from the date of arrest if the arrest for which the expunction was
3523	3523	sought was for an offense punishable as a Class C misdemeanor and if
3524	3524	there was no felony charge arising out of the same transaction for
3525	3525	which the person was arrested;
3526	3526	(b) at least one year has elapsed from
3527	3527	the date of arrest if the arrest for which the expunction was sought
3528	3528	was for an offense punishable as a Class B or A misdemeanor and if
3529	3529	there was no felony charge arising out of the same transaction for
3530	3530	which the person was arrested;
3531	3531	(c) at least three years have elapsed
3532	3532	from the date of arrest if the arrest for which the expunction was
3533	3533	sought was for an offense punishable as a felony or if there was a
3534	3534	felony charge arising out of the same transaction for which the
3535	3535	person was arrested; or
3536	3536	(d) the attorney representing the
3537	3537	state certifies that the applicable arrest records and files are
3538	3538	not needed for use in any criminal investigation or prosecution,
3539	3539	including an investigation or prosecution of another person; or
3540	3540	(ii) if presented at any time following the
3541	3541	arrest, was dismissed or quashed, and the court finds that the
3542	3542	indictment or information was dismissed or quashed because the
3543	3543	person completed a pretrial intervention program authorized under
3544	3544	Section 76.011, Government Code, because the presentment had been
3545	3545	made because of mistake, false information, or other similar reason
3546	3546	indicating absence of probable cause at the time of the dismissal to
3547	3547	believe the person committed the offense, or because the indictment
3548	3548	or information was void; or
3549	3549	(B) prosecution of the person for the offense for
3550	3550	which the person was arrested is no longer possible because the
3551	3551	limitations period has expired.
3552	3552	(a-1) Notwithstanding any other provision of this article,
3553	3553	a person may not expunge records and files relating to an arrest
3554	3554	that occurs pursuant to a warrant issued under Article 42A.751(b)
3555	3555	[Section 21, Article 42.12].
3556	3556	SECTION 2.24. Article 60.052(c), Code of Criminal
3557	3557	Procedure, is amended to read as follows:
3558	3558	(c) Information in the corrections tracking system relating
3559	3559	to the handling of offenders must include the following information
3560	3560	about each imprisonment, confinement, or execution of an offender:
3561	3561	(1) the date of the imprisonment or confinement;
3562	3562	(2) if the offender was sentenced to death:
3563	3563	(A) the date of execution; and
3564	3564	(B) if the death sentence was commuted, the
3565	3565	sentence to which the sentence of death was commuted and the date of
3566	3566	commutation;
3567	3567	(3) the date the offender was released from
3568	3568	imprisonment or confinement and whether the release was a discharge
3569	3569	or a release on parole or mandatory supervision;
3570	3570	(4) if the offender is released on parole or mandatory
3571	3571	supervision:
3572	3572	(A) the offense for which the offender was
3573	3573	convicted by offense code and incident number;
3574	3574	(B) the date the offender was received by an
3575	3575	office of the parole division;
3576	3576	(C) the county in which the offender resides
3577	3577	while under supervision;
3578	3578	(D) any program in which an offender is placed or
3579	3579	has previously been placed and the level of supervision the
3580	3580	offender is placed on while under the jurisdiction of the parole
3581	3581	division;
3582	3582	(E) the date a program described by Paragraph (D)
3583	3583	begins, the date the program ends, and whether the program was
3584	3584	completed successfully;
3585	3585	(F) the date a level of supervision described by
3586	3586	Paragraph (D) begins and the date the level of supervision ends;
3587	3587	(G) if the offender's release status is revoked,
3588	3588	the reason for the revocation and the date of revocation;
3589	3589	(H) the expiration date of the sentence; and
3590	3590	(I) the date of the offender's release from the
3591	3591	parole division or the date on which the offender is granted
3592	3592	clemency; and
3593	3593	(5) if the offender is released under Article
3594	3594	42A.202(b) [Section 6(a), Article 42.12], the date of the
3595	3595	offender's release.
3596	3596	SECTION 2.25. Article 60.08(e), Code of Criminal Procedure,
3597	3597	is amended to read as follows:
3598	3598	(e) A court that orders the release of an offender under
3599	3599	Article 42A.202(b) [Section 6(a), Article 42.12,] at a time when
3600	3600	the offender is under a bench warrant and not physically imprisoned
3601	3601	in the Texas Department of Criminal Justice shall report the
3602	3602	release to the department not later than the seventh day after the
3603	3603	date of the release.
3604	3604	SECTION 2.26. Article 62.063(b), Code of Criminal
3605	3605	Procedure, is amended to read as follows:
3606	3606	(b) A person subject to registration under this chapter
3607	3607	because of a reportable conviction or adjudication for which an
3608	3608	affirmative finding is entered under Article 42.015(b) or
3609	3609	42A.105(a) [Section 5(e)(2), Article 42.12], as appropriate, may
3610	3610	not, for compensation:
3611	3611	(1) operate or offer to operate a bus;
3612	3612	(2) provide or offer to provide a passenger taxicab or
3613	3613	limousine transportation service;
3614	3614	(3) provide or offer to provide any type of service in
3615	3615	the residence of another person unless the provision of service
3616	3616	will be supervised; or
3617	3617	(4) operate or offer to operate any amusement ride.
3618	3618	SECTION 2.27. Articles 62.301(b) and (c), Code of Criminal
3619	3619	Procedure, are amended to read as follows:
3620	3620	(b) A person is eligible to petition the court as described
3621	3621	by Subsection (a) if:
3622	3622	(1) the person is required to register only as a result
3623	3623	of a single reportable conviction or adjudication, other than an
3624	3624	adjudication of delinquent conduct; and
3625	3625	(2) the court has entered in the appropriate judgment
3626	3626	or has filed with the appropriate papers a statement of an
3627	3627	affirmative finding described by Article 42.017 or 42A.105(c)
3628	3628	[Section 5(g), Article 42.12].
3629	3629	(c) A defendant who before September 1, 2011, is convicted
3630	3630	of or placed on deferred adjudication community supervision for an
3631	3631	offense under Section 21.11 or 22.011, Penal Code, is eligible to
3632	3632	petition the court as described by Subsection (a). The court may
3633	3633	consider the petition only if the petition states and the court
3634	3634	finds that the defendant would have been entitled to the entry of an
3635	3635	affirmative finding under Article 42.017 or 42A.105(c) [Section
3636	3636	5(g), Article 42.12], as appropriate, had the conviction or
3637	3637	placement on deferred adjudication community supervision occurred
3638	3638	after September 1, 2011.
3639	3639	SECTION 2.28. Article 102.018(b), Code of Criminal
3640	3640	Procedure, is amended to read as follows:
3641	3641	(b) Except as provided by Subsection (d) [of this article],
3642	3642	on conviction of an offense relating to the driving or operating of
3643	3643	a motor vehicle punishable under Section 49.04(b), Penal Code, the
3644	3644	court shall impose as a cost of court on the defendant an amount
3645	3645	that is equal to the cost of an evaluation of the defendant
3646	3646	performed under Article 42A.402(a) [Section 13(a), Article 42.12,
3647	3647	of this code]. Costs imposed under this subsection are in addition
3648	3648	to other court costs and are due whether or not the defendant is
3649	3649	granted community supervision [probation] in the case, except that
3650	3650	if the court determines that the defendant is indigent and unable to
3651	3651	pay the cost, the court may waive the imposition of the cost.
3652	3652	SECTION 2.29. Article 102.020(a), Code of Criminal
3653	3653	Procedure, is amended to read as follows:
3654	3654	(a) A person shall pay as a cost of court:
3655	3655	(1) $250 on conviction of an offense listed in Section
3656	3656	411.1471(a)(1), Government Code;
3657	3657	(2) $50 on conviction of an offense listed in Section
3658	3658	411.1471(a)(3) of that code; or
3659	3659	(3) $34 on placement of the person on community
3660	3660	supervision, including deferred adjudication community
3661	3661	supervision, if the person is required to submit a DNA sample under
3662	3662	Article 42A.352 [Section 11(j), Article 42.12].
3663	3663	SECTION 2.30. Section 37.152(f), Education Code, is amended
3664	3664	to read as follows:
3665	3665	(f) Except if an offense causes the death of a student, in
3666	3666	sentencing a person convicted of an offense under this section, the
3667	3667	court may require the person to perform community service, subject
3668	3668	to the same conditions imposed on a person placed on community
3669	3669	supervision under Chapter 42A [Section 11, Article 42.12], Code of
3670	3670	Criminal Procedure, for an appropriate period of time in lieu of
3671	3671	confinement in county jail or in lieu of a part of the time the
3672	3672	person is sentenced to confinement in county jail.
3673	3673	SECTION 2.31. Section 53.045(a), Family Code, is amended to
3674	3674	read as follows:
3675	3675	(a) Except as provided by Subsection (e), the prosecuting
3676	3676	attorney may refer the petition to the grand jury of the county in
3677	3677	which the court in which the petition is filed presides if the
3678	3678	petition alleges that the child engaged in delinquent conduct that
3679	3679	constitutes habitual felony conduct as described by Section 51.031
3680	3680	or that included the violation of any of the following provisions:
3681	3681	(1) Section 19.02, Penal Code (murder);
3682	3682	(2) Section 19.03, Penal Code (capital murder);
3683	3683	(3) Section 19.04, Penal Code (manslaughter);
3684	3684	(4) Section 20.04, Penal Code (aggravated
3685	3685	kidnapping);
3686	3686	(5) Section 22.011, Penal Code (sexual assault) or
3687	3687	Section 22.021, Penal Code (aggravated sexual assault);
3688	3688	(6) Section 22.02, Penal Code (aggravated assault);
3689	3689	(7) Section 29.03, Penal Code (aggravated robbery);
3690	3690	(8) Section 22.04, Penal Code (injury to a child,
3691	3691	elderly individual, or disabled individual), if the offense is
3692	3692	punishable as a felony, other than a state jail felony;
3693	3693	(9) Section 22.05(b), Penal Code (felony deadly
3694	3694	conduct involving discharging a firearm);
3695	3695	(10) Subchapter D, Chapter 481, Health and Safety
3696	3696	Code, if the conduct constitutes a felony of the first degree or an
3697	3697	aggravated controlled substance felony (certain offenses involving
3698	3698	controlled substances);
3699	3699	(11) Section 15.03, Penal Code (criminal
3700	3700	solicitation);
3701	3701	(12) Section 21.11(a)(1), Penal Code (indecency with a
3702	3702	child);
3703	3703	(13) Section 15.031, Penal Code (criminal
3704	3704	solicitation of a minor);
3705	3705	(14) Section 15.01, Penal Code (criminal attempt), if
3706	3706	the offense attempted was an offense under Section 19.02, Penal
3707	3707	Code (murder), or Section 19.03, Penal Code (capital murder), or an
3708	3708	offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
3709	3709	42.12], Code of Criminal Procedure;
3710	3710	(15) Section 28.02, Penal Code (arson), if bodily
3711	3711	injury or death is suffered by any person by reason of the
3712	3712	commission of the conduct;
3713	3713	(16) Section 49.08, Penal Code (intoxication
3714	3714	manslaughter); or
3715	3715	(17) Section 15.02, Penal Code (criminal conspiracy),
3716	3716	if the offense made the subject of the criminal conspiracy includes
3717	3717	a violation of any of the provisions referenced in Subdivisions (1)
3718	3718	through (16).
3719	3719	SECTION 2.32. Section 54.0409(a), Family Code, is amended
3720	3720	to read as follows:
3721	3721	(a) This section applies only to conduct constituting the
3722	3722	commission of a felony:
3723	3723	(1) that is listed in Article 42A.054(a) [Section
3724	3724	3g(a)(1), Article 42.12], Code of Criminal Procedure; or
3725	3725	(2) for which it is shown that a deadly weapon, as
3726	3726	defined by Section 1.07, Penal Code, was used or exhibited during
3727	3727	the commission of the conduct or during immediate flight from the
3728	3728	commission of the conduct.
3729	3729	SECTION 2.33. Sections 54.051(e), (e-1), (e-2), and (e-3),
3730	3730	Family Code, are amended to read as follows:
3731	3731	(e) A district court that exercises jurisdiction over a
3732	3732	person transferred under Subsection (d) shall place the person on
3733	3733	community supervision under Chapter 42A [Article 42.12], Code of
3734	3734	Criminal Procedure, for the remainder of the person's probationary
3735	3735	period and under conditions consistent with those ordered by the
3736	3736	juvenile court.
3737	3737	(e-1) The restrictions on a judge placing a defendant on
3738	3738	community supervision imposed by Article 42A.054 [Section 3g,
3739	3739	Article 42.12], Code of Criminal Procedure, do not apply to a case
3740	3740	transferred from the juvenile court. The minimum period of
3741	3741	community supervision imposed by Article 42A.053(d) [Section 3(b),
3742	3742	Article 42.12], Code of Criminal Procedure, does not apply to a case
3743	3743	transferred from the juvenile court.
3744	3744	(e-2) If a person who is placed on community supervision
3745	3745	under this section violates a condition of that supervision or if
3746	3746	the person violated a condition of probation ordered under Section
3747	3747	54.04(q) and that probation violation was not discovered by the
3748	3748	state before the person's 19th birthday, the district court shall
3749	3749	dispose of the violation of community supervision or probation, as
3750	3750	appropriate, in the same manner as if the court had originally
3751	3751	exercised jurisdiction over the case. If the judge revokes
3752	3752	community supervision, the judge may reduce the prison sentence to
3753	3753	any length without regard to the minimum term imposed by Article
3754	3754	42A.755(a) [Section 23(a), Article 42.12], Code of Criminal
3755	3755	Procedure.
3756	3756	(e-3) The time that a person serves on probation ordered
3757	3757	under Section 54.04(q) is the same as time served on community
3758	3758	supervision ordered under this section for purposes of determining
3759	3759	the person's eligibility for early discharge from community
3760	3760	supervision under Article 42A.701 [Section 20, Article 42.12], Code
3761	3761	of Criminal Procedure.
3762	3762	SECTION 2.34. Section 55.45(c), Family Code, is amended to
3763	3763	read as follows:
3764	3764	(c) If the referred child, as described in Subsection (b),
3765	3765	is alleged to have committed an offense listed in Article 42A.054
3766	3766	[Section 3g, Article 42.12], Code of Criminal Procedure, the
3767	3767	administrator of the residential care facility shall apply, in
3768	3768	writing, by certified mail, return receipt requested, to the
3769	3769	juvenile court that ordered commitment of the child or that
3770	3770	referred the case to a court that ordered commitment of the child
3771	3771	and show good cause for any release of the child from the facility
3772	3772	for more than 48 hours. Notice of this request must be provided to
3773	3773	the prosecuting attorney responsible for the case. The prosecuting
3774	3774	attorney, the juvenile, or the administrator may apply for a
3775	3775	hearing on this application. If no one applies for a hearing, the
3776	3776	trial court shall resolve the application on the written
3777	3777	submission. The rules of evidence do not apply to this hearing. An
3778	3778	appeal of the trial court's ruling on the application is not
3779	3779	allowed. The release of a child described in this subsection
3780	3780	without the express approval of the trial court is punishable by
3781	3781	contempt.
3782	3782	SECTION 2.35. Section 76.001(2), Government Code, is
3783	3783	amended to read as follows:
3784	3784	(2) "Community supervision" has the meaning assigned
3785	3785	by Article 42A.001 [Section 2, Article 42.12], Code of Criminal
3786	3786	Procedure.
3787	3787	SECTION 2.36. Section 76.015(c), Government Code, is
3788	3788	amended to read as follows:
3789	3789	(c) A department may assess a reasonable administrative fee
3790	3790	of not less than $25 and not more than $60 per month on an individual
3791	3791	who participates in a program operated by the department or
3792	3792	receives services from the department and who is not paying a
3793	3793	monthly fee under Article 42A.652 [Section 19, Article 42.12], Code
3794	3794	of Criminal Procedure.
3795	3795	SECTION 2.37. Section 103.021, Government Code, is amended
3796	3796	to read as follows:
3797	3797	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
3798	3798	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
3799	3799	or a party to a civil suit, as applicable, shall pay the following
3800	3800	fees and costs under the Code of Criminal Procedure if ordered by
3801	3801	the court or otherwise required:
3802	3802	(1) a personal bond fee (Art. 17.42, Code of Criminal
3803	3803	Procedure) . . . the greater of $20 or three percent of the amount
3804	3804	of the bail fixed for the accused;
3805	3805	(2) cost of electronic monitoring as a condition of
3806	3806	release on personal bond (Art. 17.43, Code of Criminal Procedure)
3807	3807	. . . actual cost;
3808	3808	(3) a fee for verification of and monitoring of motor
3809	3809	vehicle ignition interlock (Art. 17.441, Code of Criminal
3810	3810	Procedure) . . . not to exceed $10;
3811	3811	(3-a) costs associated with operating a global
3812	3812	positioning monitoring system as a condition of release on bond
3813	3813	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
3814	3814	subject to a determination of indigency;
3815	3815	(3-b) costs associated with providing a defendant's
3816	3816	victim with an electronic receptor device as a condition of the
3817	3817	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
3818	3818	Procedure) . . . actual costs, subject to a determination of
3819	3819	indigency;
3820	3820	(4) repayment of reward paid by a crime stoppers
3821	3821	organization on conviction of a felony (Art. 37.073, Code of
3822	3822	Criminal Procedure) . . . amount ordered;
3823	3823	(5) reimbursement to general revenue fund for payments
3824	3824	made to victim of an offense as condition of community supervision
3825	3825	(Chapter 42A [Art. 42.12], Code of Criminal Procedure) . . . not to
3826	3826	exceed $50 for a misdemeanor offense or $100 for a felony offense;
3827	3827	(6) payment to a crime stoppers organization as
3828	3828	condition of community supervision (Chapter 42A [Art. 42.12], Code
3829	3829	of Criminal Procedure) . . . not to exceed $50;
3830	3830	(7) children's advocacy center fee (Chapter 42A [Art.
3831	3831	42.12], Code of Criminal Procedure) . . . not to exceed $50;
3832	3832	(8) family violence center fee (Chapter 42A [Art.
3833	3833	42.12], Code of Criminal Procedure) . . . $100;
3834	3834	(9) community supervision fee (Chapter 42A [Art.
3835	3835	42.12], Code of Criminal Procedure) . . . not less than $25 or more
3836	3836	than $60 per month;
3837	3837	(10) additional community supervision fee for certain
3838	3838	offenses (Chapter 42A [Art. 42.12], Code of Criminal Procedure)
3839	3839	. . . $5 per month;
3840	3840	(11) for certain financially able sex offenders as a
3841	3841	condition of community supervision, the costs of treatment,
3842	3842	specialized supervision, or rehabilitation (Chapter 42A [Art.
3843	3843	42.12], Code of Criminal Procedure) . . . all or part of the
3844	3844	reasonable and necessary costs of the treatment, supervision, or
3845	3845	rehabilitation as determined by the judge;
3846	3846	(12) fee for failure to appear for trial in a justice
3847	3847	or municipal court if a jury trial is not waived (Art. 45.026, Code
3848	3848	of Criminal Procedure) . . . costs incurred for impaneling the
3849	3849	jury;
3850	3850	(13) costs of certain testing, assessments, or
3851	3851	programs during a deferral period (Art. 45.051, Code of Criminal
3852	3852	Procedure) . . . amount ordered;
3853	3853	(14) special expense on dismissal of certain
3854	3854	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
3855	3855	. . . not to exceed amount of fine assessed;
3856	3856	(15) an additional fee:
3857	3857	(A) for a copy of the defendant's driving record
3858	3858	to be requested from the Department of Public Safety by the judge
3859	3859	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
3860	3860	to the sum of the fee established by Section 521.048,
3861	3861	Transportation Code, and the state electronic Internet portal fee;
3862	3862	(B) as an administrative fee for requesting a
3863	3863	driving safety course or a course under the motorcycle operator
3864	3864	training and safety program for certain traffic offenses to cover
3865	3865	the cost of administering the article (Art. 45.0511(f)(1), Code of
3866	3866	Criminal Procedure) . . . not to exceed $10; or
3867	3867	(C) for requesting a driving safety course or a
3868	3868	course under the motorcycle operator training and safety program
3869	3869	before the final disposition of the case (Art. 45.0511(f)(2), Code
3870	3870	of Criminal Procedure) . . . not to exceed the maximum amount of the
3871	3871	fine for the offense committed by the defendant;
3872	3872	(16) a request fee for teen court program (Art.
3873	3873	45.052, Code of Criminal Procedure) . . . $20, if the court
3874	3874	ordering the fee is located in the Texas-Louisiana border region,
3875	3875	but otherwise not to exceed $10;
3876	3876	(17) a fee to cover costs of required duties of teen
3877	3877	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
3878	3878	court ordering the fee is located in the Texas-Louisiana border
3879	3879	region, but otherwise $10;
3880	3880	(18) a mileage fee for officer performing certain
3881	3881	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
3882	3882	mile;
3883	3883	(19) certified mailing of notice of hearing date (Art.
3884	3884	102.006, Code of Criminal Procedure) . . . $1, plus postage;
3885	3885	(20) certified mailing of certified copies of an order
3886	3886	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
3887	3887	plus postage;
3888	3888	(20-a) a fee to defray the cost of notifying state
3889	3889	agencies of orders of expungement (Art. 45.0216, Code of Criminal
3890	3890	Procedure) . . . $30 per application;
3891	3891	(20-b) a fee to defray the cost of notifying state
3892	3892	agencies of orders of expunction (Art. 45.055, Code of Criminal
3893	3893	Procedure) . . . $30 per application;
3894	3894	(21) sight orders:
3895	3895	(A) if the face amount of the check or sight order
3896	3896	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
3897	3897	. . . not to exceed $10;
3898	3898	(B) if the face amount of the check or sight order
3899	3899	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
3900	3900	Criminal Procedure) . . . not to exceed $15;
3901	3901	(C) if the face amount of the check or sight order
3902	3902	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
3903	3903	Criminal Procedure) . . . not to exceed $30;
3904	3904	(D) if the face amount of the check or sight order
3905	3905	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
3906	3906	Criminal Procedure) . . . not to exceed $50; and
3907	3907	(E) if the face amount of the check or sight order
3908	3908	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
3909	3909	. . . not to exceed $75;
3910	3910	(22) fees for a pretrial intervention program:
3911	3911	(A) a supervision fee (Art. 102.012(a), Code of
3912	3912	Criminal Procedure) . . . $60 a month plus expenses; and
3913	3913	(B) a district attorney, criminal district
3914	3914	attorney, or county attorney administrative fee (Art. 102.0121,
3915	3915	Code of Criminal Procedure) . . . not to exceed $500;
3916	3916	(23) parking fee violations for child safety fund in
3917	3917	municipalities with populations:
3918	3918	(A) greater than 850,000 (Art. 102.014, Code of
3919	3919	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
3920	3920	(B) less than 850,000 (Art. 102.014, Code of
3921	3921	Criminal Procedure) . . . not to exceed $5;
3922	3922	(24) an administrative fee for collection of fines,
3923	3923	fees, restitution, or other costs (Art. 102.072, Code of Criminal
3924	3924	Procedure) . . . not to exceed $2 for each transaction; and
3925	3925	(25) a collection fee, if authorized by the
3926	3926	commissioners court of a county or the governing body of a
3927	3927	municipality, for certain debts and accounts receivable, including
3928	3928	unpaid fines, fees, court costs, forfeited bonds, and restitution
3929	3929	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
3930	3930	percent of an amount more than 60 days past due.
3931	3931	SECTION 2.38. Section 123.001(b), Government Code, is
3932	3932	amended to read as follows:
3933	3933	(b) If a defendant successfully completes a drug court
3934	3934	program, regardless of whether the defendant was convicted of the
3935	3935	offense for which the defendant entered the program or whether the
3936	3936	court deferred further proceedings without entering an
3937	3937	adjudication of guilt, after notice to the state and a hearing on
3938	3938	whether the defendant is otherwise entitled to the petition and
3939	3939	whether issuance of the order is in the best interest of justice,
3940	3940	the court shall enter an order of nondisclosure under Section
3941	3941	411.081 as if the defendant had received a discharge and dismissal
3942	3942	under Article 42A.111 [Section 5(c), Article 42.12], Code of
3943	3943	Criminal Procedure, with respect to all records and files related
3944	3944	to the defendant's arrest for the offense for which the defendant
3945	3945	entered the program if the defendant:
3946	3946	(1) has not been previously convicted of an offense
3947	3947	listed in Article 42A.054 [Section 3g, Article 42.12], Code of
3948	3948	Criminal Procedure, or a sexually violent offense, as defined by
3949	3949	Article 62.001, Code of Criminal Procedure; and
3950	3950	(2) is not convicted for any felony offense between
3951	3951	the date on which the defendant successfully completed the program
3952	3952	and the second anniversary of that date.
3953	3953	SECTION 2.39. Section 123.008(a), Government Code, is
3954	3954	amended to read as follows:
3955	3955	(a) Notwithstanding Article 42A.304 [Sections 13 and 16,
3956	3956	Article 42.12], Code of Criminal Procedure, to encourage
3957	3957	participation in a drug court program established under this
3958	3958	chapter, the judge or magistrate administering the program may
3959	3959	suspend any requirement that, as a condition of community
3960	3960	supervision, a participant in the program work a specified number
3961	3961	of hours at a community service project or projects.
3962	3962	SECTION 2.40. Sections 411.081(d) and (e), Government Code,
3963	3963	are amended to read as follows:
3964	3964	(d) Notwithstanding any other provision of this subchapter,
3965	3965	if a person is placed on deferred adjudication community
3966	3966	supervision under Subchapter C, Chapter 42A [Section 5, Article
3967	3967	42.12], Code of Criminal Procedure, subsequently receives a
3968	3968	discharge and dismissal under Article 42A.111 [Section 5(c),
3969	3969	Article 42.12], and satisfies the requirements of Subsection (e),
3970	3970	the person may petition the court that placed the defendant on
3971	3971	deferred adjudication for an order of nondisclosure under this
3972	3972	subsection. Except as provided by Subsection (e), a person may
3973	3973	petition the court for an order of nondisclosure regardless of
3974	3974	whether the person has been previously placed on deferred
3975	3975	adjudication community supervision for another offense. After
3976	3976	notice to the state, an opportunity for a hearing, and a
3977	3977	determination that the person is entitled to file the petition and
3978	3978	issuance of the order is in the best interest of justice, the court
3979	3979	shall issue an order prohibiting criminal justice agencies from
3980	3980	disclosing to the public criminal history record information
3981	3981	related to the offense giving rise to the deferred adjudication. A
3982	3982	criminal justice agency may disclose criminal history record
3983	3983	information that is the subject of the order only to other criminal
3984	3984	justice agencies[,] for criminal justice or regulatory licensing
3985	3985	purposes, an agency or entity listed in Subsection (i), or the
3986	3986	person who is the subject of the order. A person may petition the
3987	3987	court that placed the person on deferred adjudication for an order
3988	3988	of nondisclosure only on or after:
3989	3989	(1) the discharge and dismissal, if the offense for
3990	3990	which the person was placed on deferred adjudication was a
3991	3991	misdemeanor other than a misdemeanor described by Subdivision (2);
3992	3992	(2) the second anniversary of the discharge and
3993	3993	dismissal, if the offense for which the person was placed on
3994	3994	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
3995	3995	25, 42, or 46, Penal Code; or
3996	3996	(3) the fifth anniversary of the discharge and
3997	3997	dismissal, if the offense for which the person was placed on
3998	3998	deferred adjudication was a felony.
3999	3999	(e) A person is entitled to petition the court under
4000	4000	Subsection (d) only if during the period of the deferred
4001	4001	adjudication community supervision for which the order of
4002	4002	nondisclosure is requested and during the applicable period
4003	4003	described by Subsection (d)(1), (2), or (3), as appropriate, the
4004	4004	person is not convicted of or placed on deferred adjudication
4005	4005	community supervision under Subchapter C, Chapter 42A [Section 5,
4006	4006	Article 42.12], Code of Criminal Procedure, for any offense other
4007	4007	than an offense under the Transportation Code punishable by fine
4008	4008	only. A person is not entitled to petition the court under
4009	4009	Subsection (d) if the person was placed on the deferred
4010	4010	adjudication community supervision for or has been previously
4011	4011	convicted or placed on any other deferred adjudication for:
4012	4012	(1) an offense requiring registration as a sex
4013	4013	offender under Chapter 62, Code of Criminal Procedure;
4014	4014	(2) an offense under Section 20.04, Penal Code,
4015	4015	regardless of whether the offense is a reportable conviction or
4016	4016	adjudication for purposes of Chapter 62, Code of Criminal
4017	4017	Procedure;
4018	4018	(3) an offense under Section 19.02, 19.03, 22.04,
4019	4019	22.041, 25.07, 25.072, or 42.072, Penal Code; or
4020	4020	(4) any other offense involving family violence, as
4021	4021	defined by Section 71.004, Family Code.
4022	4022	SECTION 2.41. Section 411.145(c), Government Code, is
4023	4023	amended to read as follows:
4024	4024	(c) A fee collected under this section shall be deposited in
4025	4025	the state treasury to the credit of the state highway fund, and
4026	4026	money deposited to the state highway fund under this section and
4027	4027	under Chapter 42A [Articles 42.12] and Article 102.020(h), Code of
4028	4028	Criminal Procedure, may be used only to defray the cost of
4029	4029	administering this subchapter and Section 411.0205.
4030	4030	SECTION 2.42. Section 414.010(a), Government Code, is
4031	4031	amended to read as follows:
4032	4032	(a) Except as provided by Subsection (d), a crime stoppers
4033	4033	organization certified by the council to receive money in the form
4034	4034	of payments from defendants placed on community supervision under
4035	4035	Chapter 42A [Article 42.12], Code of Criminal Procedure, or money
4036	4036	in the form of repayments of rewards under Articles 37.073 and
4037	4037	42.152, Code of Criminal Procedure, may use not more than 20 percent
4038	4038	of the money annually received to pay costs incurred in
4039	4039	administering the organization and shall use the remainder of the
4040	4040	money, including any interest earned on the money, only to reward
4041	4041	persons who report information concerning criminal activity. Not
4042	4042	later than January 31 of each year, a crime stoppers organization
4043	4043	that receives or expends money under this section shall file a
4044	4044	detailed report with the council.
4045	4045	SECTION 2.43. Sections 414.011(a) and (b), Government Code,
4046	4046	are amended to read as follows:
4047	4047	(a) The council shall, on application by a crime stoppers
4048	4048	organization, determine whether the organization is qualified to
4049	4049	receive repayments of rewards under Articles 37.073 and 42.152,
4050	4050	Code of Criminal Procedure, or payments from a defendant under
4051	4051	Chapter 42A [Article 42.12], Code of Criminal Procedure. The
4052	4052	council shall certify a crime stoppers organization to receive
4053	4053	those repayments or payments if, considering the organization,
4054	4054	continuity, leadership, community support, and general conduct of
4055	4055	the crime stoppers organization, the council determines that the
4056	4056	repayments or payments will be spent to further the crime
4057	4057	prevention purposes of the organization.
4058	4058	(b) Each crime stoppers organization certified by the
4059	4059	council to receive repayments under Articles 37.073 and 42.152,
4060	4060	Code of Criminal Procedure, or payments from a defendant under
4061	4061	Chapter 42A [Article 42.12], Code of Criminal Procedure, is subject
4062	4062	to a review or audit, including financial and programmatic reviews
4063	4063	or audits, of finances or programs at the direction of the criminal
4064	4064	justice division of the governor's office or its designee. A copy
4065	4065	of the review or audit report shall be submitted to the criminal
4066	4066	justice division.
4067	4067	SECTION 2.44. Section 420.008(b), Government Code, is
4068	4068	amended to read as follows:
4069	4069	(b) The fund consists of fees collected under:
4070	4070	(1) Article 42A.653(a) [Section 19(e), Article
4071	4071	42.12], Code of Criminal Procedure;
4072	4072	(2) Section 508.189, Government Code; and
4073	4073	(3) Subchapter B, Chapter 102, Business & Commerce
4074	4074	Code, and deposited under Section 102.054.
4075	4075	SECTION 2.45. Sections 420.014(a) and (e), Government Code,
4076	4076	are amended to read as follows:
4077	4077	(a) If the attorney general reasonably believes that a court
4078	4078	or a community supervision office has not properly assessed or made
4079	4079	a reasonable effort to collect costs due under Chapter 42A [Article
4080	4080	42.12 or 42.18], Code of Criminal Procedure, or Chapter 508,
4081	4081	Government Code, the attorney general shall send a warning letter
4082	4082	to the court or the governing body of the governmental unit in which
4083	4083	the court is located.
4084	4084	(e) If the attorney general finds from available evidence
4085	4085	that a court or a community supervision office has not properly
4086	4086	assessed or made a reasonable effort to collect costs due under
4087	4087	Chapter 42A [Article 42.12 or 42.18], Code of Criminal Procedure,
4088	4088	or Chapter 508, Government Code, the attorney general may:
4089	4089	(1) refuse to award grants under this subchapter to
4090	4090	residents of the jurisdiction served by the court or community
4091	4091	supervision office; or
4092	4092	(2) in the case of a court, notify the State Commission
4093	4093	on Judicial Conduct of the findings.
4094	4094	SECTION 2.46. Sections 493.009(a), (a-1), (b), (c), (d),
4095	4095	(e), (g), (h), (k), and (q), Government Code, are amended to read as
4096	4096	follows:
4097	4097	(a) The department shall establish a program to confine and
4098	4098	treat:
4099	4099	(1) defendants required to participate in the program
4100	4100	under Article 42A.303 [Section 14, Article 42.12], Code of Criminal
4101	4101	Procedure; and
4102	4102	(2) individuals referred for treatment as part of a
4103	4103	drug court program established under Chapter 123 or a similar
4104	4104	program created under other law.
4105	4105	(a-1) The board by rule may modify requirements imposed by
4106	4106	this section and Chapter 42A [Article 42.12], Code of Criminal
4107	4107	Procedure, as necessary to properly treat individuals who are not
4108	4108	participating in the program as a condition of community
4109	4109	supervision.
4110	4110	(b) The board shall adopt criteria to determine the
4111	4111	suitability of candidates for participation in the program. The
4112	4112	department and the Department of State Health Services [Texas
4113	4113	Commission on Alcohol and Drug Abuse] shall jointly develop methods
4114	4114	of screening and assessing defendants required to participate in
4115	4115	the program under Article 42A.303 [Section 14, Article 42.12], Code
4116	4116	of Criminal Procedure, to determine their need for specific types
4117	4117	of treatment for alcohol or drug abuse problems.
4118	4118	(c) The program for persons required to participate in the
4119	4119	program under Article 42A.303 [Section 14, Article 42.12], Code of
4120	4120	Criminal Procedure, must consist of treatment programs that may
4121	4121	vary in time from 90 days to 12 months.
4122	4122	(d) The program for persons required to participate in the
4123	4123	program under Article 42A.303 [Section 14, Article 42.12], Code of
4124	4124	Criminal Procedure, provided under this section must contain highly
4125	4125	structured work, education, and treatment schedules, a clearly
4126	4126	delineated authority structure, and well-defined goals and
4127	4127	guidelines. The department shall establish a graded system of
4128	4128	rewards and sanctions for defendants who participate in the
4129	4129	program, but a defendant required to participate in the program
4130	4130	under Article 42A.303 [Section 14, Article 42.12], Code of Criminal
4131	4131	Procedure, is not entitled to earn awards of time for good conduct.
4132	4132	A qualified professional, at least every 60 days, must perform an
4133	4133	evaluation on a defendant that determines the defendant's treatment
4134	4134	progress and institutional behavior. Not later than three days
4135	4135	after the date on which a four-month evaluation is performed, the
4136	4136	qualified professional shall establish a tentative release date for
4137	4137	the defendant, notify the sentencing court of that fact, and
4138	4138	include with the notice a copy of the four-month evaluation. The
4139	4139	qualified professional immediately shall notify the court if the
4140	4140	professional determines the defendant's conduct requires a
4141	4141	revision of the tentative release date.
4142	4142	(e) The department shall employ or contract with qualified
4143	4143	professionals to implement the program for persons required to
4144	4144	participate in the program under Article 42A.303 [Section 14,
4145	4145	Article 42.12], Code of Criminal Procedure. For purposes of this
4146	4146	subsection, a "qualified professional" is a person who:
4147	4147	(1) is a licensed chemical dependency counselor;
4148	4148	(2) is a licensed social worker who has at least two
4149	4149	years of experience in chemical dependency counseling; or
4150	4150	(3) is a licensed professional counselor, physician,
4151	4151	or psychologist and who has at least two years of experience in
4152	4152	chemical dependency counseling.
4153	4153	(g) The department shall provide beds for the purpose of
4154	4154	operating the program for persons required to participate in the
4155	4155	program under Article 42A.303 [Section 14, Article 42.12], Code of
4156	4156	Criminal Procedure, [as amended by Chapter 900, Acts of the 73rd
4157	4157	Legislature, Regular Session, 1993,] except that the beds may also
4158	4158	be used to house the following categories of persons:
4159	4159	(1) persons transferred under Subchapter A, Chapter
4160	4160	499, and Section 508.118;
4161	4161	(2) persons whose community supervision or parole has
4162	4162	been modified;
4163	4163	(3) defendants confined in county jails awaiting
4164	4164	transfer to the institutional division; and
4165	4165	(4) inmates participating in the program described by
4166	4166	Section 501.0931.
4167	4167	(h) On and after the date persons are required under Article
4168	4168	42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, to
4169	4169	participate in the program established under this section, the
4170	4170	department shall give priority to housing those persons over the
4171	4171	categories of persons described by Subsections (g)(1)-(4).
4172	4172	(k) It is the intent of the legislature that facilities
4173	4173	established under this section be used primarily to house persons
4174	4174	required to participate in the program under Article 42A.303
4175	4175	[Section 14, Article 42.12], Code of Criminal Procedure, except
4176	4176	that if treatment beds are empty, this subsection does not prohibit
4177	4177	the department from using those empty beds to treat the categories
4178	4178	of persons listed in Subsection (g).
4179	4179	(q) The department not less often than every two years shall
4180	4180	determine whether the department should increase the number of beds
4181	4181	provided by the department for the operation of the program for
4182	4182	persons required to participate in the program under Article
4183	4183	42A.303 [Section 14, Article 42.12], Code of Criminal Procedure[,
4184	4184	as amended by Chapter 900, Acts of the 73rd Legislature, Regular
4185	4185	Session, 1993].
4186	4186	SECTION 2.47. Sections 493.009(f)(1) and (3), Government
4187	4187	Code, are amended to read as follows:
4188	4188	(f)(1) The department shall adopt rules of conduct for
4189	4189	persons required to participate in the program under Article
4190	4190	42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, or
4191	4191	required to participate in the program following modification of
4192	4192	community supervision or parole.
4193	4193	(3) The department, immediately on receiving notice,
4194	4194	shall request the sentencing court to reassume custody of the
4195	4195	defendant if the defendant was required to participate in the
4196	4196	program under Article 42A.303 [Section 14, Article 42.12], Code of
4197	4197	Criminal Procedure, or required to participate in the program
4198	4198	following modification of community supervision. The court shall
4199	4199	reassume custody before the 12th day after the date on which the
4200	4200	department notifies the court. If the court revokes the
4201	4201	defendant's community supervision, the admission of the defendant
4202	4202	to the institutional division is an admission for which the
4203	4203	department must account in the scheduled admissions policy
4204	4204	established under Section 499.071.
4205	4205	SECTION 2.48. Section 493.017(a), Government Code, is
4206	4206	amended to read as follows:
4207	4207	(a) A sex offender correction program that provides
4208	4208	counseling sessions for a sex offender under Article 42A.453
4209	4209	[Section 13B, Article 42.12], Code of Criminal Procedure, shall
4210	4210	report to the community supervision and corrections department
4211	4211	officer supervising the offender, not later than the 15th day of
4212	4212	each month, the following information about the offender:
4213	4213	(1) the total number of counseling sessions attended
4214	4214	by the sex offender during the preceding month; and
4215	4215	(2) if during the preceding month the sex offender
4216	4216	terminates participation in the program before completing
4217	4217	counseling, the reason for the sex offender's termination of
4218	4218	counseling.
4219	4219	SECTION 2.49. Section 499.027(b), Government Code, is
4220	4220	amended to read as follows:
4221	4221	(b) An inmate is not eligible under this subchapter to be
4222	4222	considered for release to intensive supervision parole if:
4223	4223	(1) the inmate is awaiting transfer to the
4224	4224	institutional division, or serving a sentence, for an offense for
4225	4225	which the judgment contains an affirmative finding under Article
4226	4226	42A.054(c) or (d) [Section 3g(a)(2), Article 42.12], Code of
4227	4227	Criminal Procedure;
4228	4228	(2) the inmate is awaiting transfer to the
4229	4229	institutional division, or serving a sentence, for an offense
4230	4230	listed in one of the following sections of the Penal Code:
4231	4231	(A) Section 19.02 (murder);
4232	4232	(B) Section 19.03 (capital murder);
4233	4233	(C) Section 19.04 (manslaughter);
4234	4234	(D) Section 20.03 (kidnapping);
4235	4235	(E) Section 20.04 (aggravated kidnapping);
4236	4236	(F) Section 21.11 (indecency with a child);
4237	4237	(G) Section 22.011 (sexual assault);
4238	4238	(H) Section 22.02 (aggravated assault);
4239	4239	(I) Section 22.021 (aggravated sexual assault);
4240	4240	(J) Section 22.04 (injury to a child, elderly
4241	4241	individual, or disabled individual);
4242	4242	(K) Section 25.02 (prohibited sexual conduct);
4243	4243	(L) Section 25.08 (sale or purchase of a child);
4244	4244	(M) Section 28.02 (arson);
4245	4245	(N) Section 29.02 (robbery);
4246	4246	(O) Section 29.03 (aggravated robbery);
4247	4247	(P) Section 30.02 (burglary), if the offense is
4248	4248	punished as a first-degree felony under that section;
4249	4249	(Q) Section 43.04 (aggravated promotion of
4250	4250	prostitution);
4251	4251	(R) Section 43.05 (compelling prostitution);
4252	4252	(S) Section 43.24 (sale, distribution, or
4253	4253	display of harmful material to minor);
4254	4254	(T) Section 43.25 (sexual performance by a
4255	4255	child);
4256	4256	(U) Section 46.10 (deadly weapon in penal
4257	4257	institution);
4258	4258	(V) Section 15.01 (criminal attempt), if the
4259	4259	offense attempted is listed in this subsection;
4260	4260	(W) Section 15.02 (criminal conspiracy), if the
4261	4261	offense that is the subject of the conspiracy is listed in this
4262	4262	subsection;
4263	4263	(X) Section 15.03 (criminal solicitation), if
4264	4264	the offense solicited is listed in this subsection;
4265	4265	(Y) Section 21.02 (continuous sexual abuse of
4266	4266	young child or children);
4267	4267	(Z) Section 20A.02 (trafficking of persons); or
4268	4268	(AA) Section 20A.03 (continuous trafficking of
4269	4269	persons); or
4270	4270	(3) the inmate is awaiting transfer to the
4271	4271	institutional division, or serving a sentence, for an offense under
4272	4272	Chapter 481, Health and Safety Code, punishable by a minimum term of
4273	4273	imprisonment or a maximum fine that is greater than the minimum term
4274	4274	of imprisonment or the maximum fine for a first degree felony.
4275	4275	SECTION 2.50. Section 499.053(d), Government Code, is
4276	4276	amended to read as follows:
4277	4277	(d) A person transferred from the Texas Juvenile Justice
4278	4278	Department for the offense of capital murder shall become eligible
4279	4279	for parole as provided in Section 508.145(d) for an offense listed
4280	4280	in Article 42A.054 [Section 3g, Article 42.12], Code of Criminal
4281	4281	Procedure, or an offense for which a deadly weapon finding has been
4282	4282	made.
4283	4283	SECTION 2.51. Section 508.145(d), Government Code, is
4284	4284	amended to read as follows:
4285	4285	(d)(1) This subsection applies only to an [An] inmate who is
4286	4286	serving a sentence for:
4287	4287	(A) an offense described by Article 42A.054(a)
4288	4288	[Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), (K),
4289	4289	(L), (M), or (N), Article 42.12], Code of Criminal Procedure, other
4290	4290	than an offense under Section 19.03, Penal Code;
4291	4291	(B) an offense for which the judgment contains an
4292	4292	affirmative finding under Article 42A.054(c) or (d), Code of
4293	4293	Criminal Procedure;
4294	4294	(C) [Section 3g(a)(2) of that article,] an
4295	4295	offense under Section 20A.03, Penal Code;[,] or
4296	4296	(D) an offense under Section 71.02 or 71.023,
4297	4297	Penal Code.
4298	4298	(2) An inmate described by Subdivision (1) [,] is not
4299	4299	eligible for release on parole until the inmate's actual calendar
4300	4300	time served, without consideration of good conduct time, equals
4301	4301	one-half of the sentence or 30 calendar years, whichever is less,
4302	4302	but in no event is the inmate eligible for release on parole in less
4303	4303	than two calendar years.
4304	4304	(3) [(2)] Notwithstanding Subdivision (2) [(1)], an
4305	4305	inmate who is serving a sentence for an offense under Section
4306	4306	22.021, Penal Code [described by Section 3g(a)(1)(E), Article
4307	4307	42.12, Code of Criminal Procedure], is not eligible for release on
4308	4308	parole if the inmate is serving a sentence for an offense for which
4309	4309	punishment was enhanced under Section 12.42(c)(4), Penal Code.
4310	4310	SECTION 2.52. Sections 508.146(a) and (f), Government Code,
4311	4311	are amended to read as follows:
4312	4312	(a) An inmate other than an inmate who is serving a sentence
4313	4313	of death or life without parole may be released on medically
4314	4314	recommended intensive supervision on a date designated by a parole
4315	4315	panel described by Subsection (e), except that an inmate with an
4316	4316	instant offense that is an offense described in Article 42A.054
4317	4317	[Section 3g, Article 42.12], Code of Criminal Procedure, or an
4318	4318	inmate who has a reportable conviction or adjudication under
4319	4319	Chapter 62, Code of Criminal Procedure, may only be considered if a
4320	4320	medical condition of terminal illness or long-term care has been
4321	4321	diagnosed by a physician, if:
4322	4322	(1) the Texas Correctional Office on Offenders with
4323	4323	Medical or Mental Impairments, in cooperation with the Correctional
4324	4324	Managed Health Care Committee, identifies the inmate as being:
4325	4325	(A) a person who is elderly or terminally ill, a
4326	4326	person with mental illness, an intellectual disability, or a
4327	4327	physical disability, [physically disabled, mentally ill,
4328	4328	terminally ill, or mentally retarded] or a person who has [having] a
4329	4329	condition requiring long-term care, if the inmate is an inmate with
4330	4330	an instant offense that is described in Article 42A.054 [Section
4331	4331	3g, Article 42.12], Code of Criminal Procedure; or
4332	4332	(B) in a persistent vegetative state or being a
4333	4333	person with an organic brain syndrome with significant to total
4334	4334	mobility impairment, if the inmate is an inmate who has a reportable
4335	4335	conviction or adjudication under Chapter 62, Code of Criminal
4336	4336	Procedure;
4337	4337	(2) the parole panel determines that, based on the
4338	4338	inmate's condition and a medical evaluation, the inmate does not
4339	4339	constitute a threat to public safety; and
4340	4340	(3) the Texas Correctional Office on Offenders with
4341	4341	Medical or Mental Impairments, in cooperation with the pardons and
4342	4342	paroles division, has prepared for the inmate a medically
4343	4343	recommended intensive supervision plan that requires the inmate to
4344	4344	submit to electronic monitoring, places the inmate on
4345	4345	super-intensive supervision, or otherwise ensures appropriate
4346	4346	supervision of the inmate.
4347	4347	(f) An inmate who is not a citizen of the United States, as
4348	4348	defined by federal law, who is not under a sentence of death or life
4349	4349	without parole, and who does not have a reportable conviction or
4350	4350	adjudication under Chapter 62, Code of Criminal Procedure, or an
4351	4351	instant offense described in Article 42A.054 [Section 3g, Article
4352	4352	42.12], Code of Criminal Procedure, may be released to immigration
4353	4353	authorities pending deportation on a date designated by a parole
4354	4354	panel described by Subsection (e) if the parole panel determines
4355	4355	that on release the inmate would be deported to another country and
4356	4356	that the inmate does not constitute a threat to public safety in the
4357	4357	other country or this country and is unlikely to reenter this
4358	4358	country illegally.
4359	4359	SECTION 2.53. Section 508.149(a), Government Code, is
4360	4360	amended to read as follows:
4361	4361	(a) An inmate may not be released to mandatory supervision
4362	4362	if the inmate is serving a sentence for or has been previously
4363	4363	convicted of:
4364	4364	(1) an offense for which the judgment contains an
4365	4365	affirmative finding under Article 42A.054(c) or (d) [Section
4366	4366	3g(a)(2), Article 42.12], Code of Criminal Procedure;
4367	4367	(2) a first degree felony or a second degree felony
4368	4368	under Section 19.02, Penal Code;
4369	4369	(3) a capital felony under Section 19.03, Penal Code;
4370	4370	(4) a first degree felony or a second degree felony
4371	4371	under Section 20.04, Penal Code;
4372	4372	(5) an offense under Section 21.11, Penal Code;
4373	4373	(6) a felony under Section 22.011, Penal Code;
4374	4374	(7) a first degree felony or a second degree felony
4375	4375	under Section 22.02, Penal Code;
4376	4376	(8) a first degree felony under Section 22.021, Penal
4377	4377	Code;
4378	4378	(9) a first degree felony under Section 22.04, Penal
4379	4379	Code;
4380	4380	(10) a first degree felony under Section 28.02, Penal
4381	4381	Code;
4382	4382	(11) a second degree felony under Section 29.02, Penal
4383	4383	Code;
4384	4384	(12) a first degree felony under Section 29.03, Penal
4385	4385	Code;
4386	4386	(13) a first degree felony under Section 30.02, Penal
4387	4387	Code;
4388	4388	(14) a felony for which the punishment is increased
4389	4389	under Section 481.134 or Section 481.140, Health and Safety Code;
4390	4390	(15) an offense under Section 43.25, Penal Code;
4391	4391	(16) an offense under Section 21.02, Penal Code;
4392	4392	(17) a first degree felony under Section 15.03, Penal
4393	4393	Code;
4394	4394	(18) an offense under Section 43.05, Penal Code;
4395	4395	(19) an offense under Section 20A.02, Penal Code;
4396	4396	(20) an offense under Section 20A.03, Penal Code; or
4397	4397	(21) a first degree felony under Section 71.02 or
4398	4398	71.023, Penal Code.
4399	4399	SECTION 2.54. Section 508.151(a), Government Code, is
4400	4400	amended to read as follows:
4401	4401	(a) For the purpose of diverting inmates to halfway houses
4402	4402	under Section 508.118, a parole panel, after reviewing all
4403	4403	available pertinent information, may designate a presumptive
4404	4404	parole date for an inmate who:
4405	4405	(1) has never been convicted of an offense listed
4406	4406	under Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
4407	4407	Criminal Procedure, or an offense under Section 20A.03 or 21.02,
4408	4408	Penal Code; and
4409	4409	(2) has never had a conviction with a judgment that
4410	4410	contains an affirmative finding under Article 42A.054(c) or (d)
4411	4411	[Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
4412	4412	SECTION 2.55. Section 508.221, Government Code, is amended
4413	4413	to read as follows:
4414	4414	Sec. 508.221. CONDITIONS PERMITTED GENERALLY. A parole
4415	4415	panel may impose as a condition of parole or mandatory supervision
4416	4416	any condition that a court may impose on a defendant placed on
4417	4417	community supervision under Chapter 42A [Article 42.12], Code of
4418	4418	Criminal Procedure, including the condition that a releasee submit
4419	4419	to testing for controlled substances or submit to electronic
4420	4420	monitoring if the parole panel determines that without testing for
4421	4421	controlled substances or participation in an electronic monitoring
4422	4422	program the inmate would not be released on parole.
4423	4423	SECTION 2.56. Section 508.225(a), Government Code, is
4424	4424	amended to read as follows:
4425	4425	(a) If the nature of the offense for which an inmate is
4426	4426	serving a sentence warrants the establishment of a child safety
4427	4427	zone, a parole panel may establish a child safety zone applicable to
4428	4428	an inmate serving a sentence for an offense listed in Article
4429	4429	42A.054(a) [Section 3g(a)(1), Article 42.12], Code of Criminal
4430	4430	Procedure, or for which the judgment contains an affirmative
4431	4431	finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
4432	4432	42.12], Code of Criminal Procedure, by requiring as a condition of
4433	4433	parole or release to mandatory supervision that the inmate not:
4434	4434	(1) supervise or participate in any program that
4435	4435	includes as participants or recipients persons who are 17 years of
4436	4436	age or younger and that regularly provides athletic, civic, or
4437	4437	cultural activities; or
4438	4438	(2) go in or on, or within a distance specified by the
4439	4439	panel of, a premises where children commonly gather, including a
4440	4440	school, day-care facility, playground, public or private youth
4441	4441	center, public swimming pool, or video arcade facility.
4442	4442	SECTION 2.57. Section 509.0071(b), Government Code, is
4443	4443	amended to read as follows:
4444	4444	(b) A commitment reduction plan submitted under this
4445	4445	section may contain a request for additional state funding in the
4446	4446	manner described by Subsection (e). A commitment reduction plan
4447	4447	must contain:
4448	4448	(1) a target number by which the county or counties
4449	4449	served by the department or regional partnership of departments
4450	4450	will, relative to the number of individuals committed in the
4451	4451	preceding state fiscal year from the county or counties to the Texas
4452	4452	Department of Criminal Justice for offenses not listed in or
4453	4453	described by Article 42A.054 [Section 3g, Article 42.12], Code of
4454	4454	Criminal Procedure, reduce that number in the fiscal year for which
4455	4455	the commitment reduction plan is submitted by reducing the number
4456	4456	of:
4457	4457	(A) direct sentencing commitments;
4458	4458	(B) community supervision revocations; or
4459	4459	(C) direct sentencing commitments and community
4460	4460	supervision revocations;
4461	4461	(2) a calculation, based on the most recent Criminal
4462	4462	Justice Uniform Cost Report published by the Legislative Budget
4463	4463	Board, of the savings to the state that will result from the county
4464	4464	or counties reaching the target number described by Subdivision
4465	4465	(1);
4466	4466	(3) an explanation of the programs and services the
4467	4467	department or regional partnership of departments intends to
4468	4468	provide using any funding received under Subsection (e)(1),
4469	4469	including any programs or services designed to enhance public
4470	4470	safety, reduce recidivism, strengthen the investigation and
4471	4471	prosecution of criminal offenses, improve programs and services
4472	4472	available to victims of crime, and increase the amount of
4473	4473	restitution collected from persons supervised by the department or
4474	4474	regional partnership of departments;
4475	4475	(4) a pledge by the department or regional partnership
4476	4476	of departments to provide accurate data to the division at the time
4477	4477	and in the manner required by the division;
4478	4478	(5) a pledge to repay to the state, not later than the
4479	4479	30th day after the last day of the state fiscal year in which the
4480	4480	lump-sum award is made, a percentage of the lump sum received under
4481	4481	Subsection (e)(1) that is equal to the percentage by which the
4482	4482	county or counties fail to reach the target number described by
4483	4483	Subdivision (1), if the county or counties do not reach that target
4484	4484	number; and
4485	4485	(6) if the commitment reduction plan is submitted by a
4486	4486	regional partnership of departments, an agreement and plan for the
4487	4487	receipt, division, and administration of any funding received under
4488	4488	Subsection (e).
4489	4489	SECTION 2.58. Section 509.015, Government Code, is amended
4490	4490	to read as follows:
4491	4491	Sec. 509.015. TREATMENT STANDARDS FOR CERTAIN STATE JAIL
4492	4492	FELONIES. The division shall propose and the board shall adopt best
4493	4493	practices standards for substance abuse treatment conditions
4494	4494	imposed under Article 42A.554(c) [Section 15(c)(2), Article
4495	4495	42.12], Code of Criminal Procedure.
4496	4496	SECTION 2.59. Section 509.017, Government Code, is amended
4497	4497	to read as follows:
4498	4498	Sec. 509.017. SPECIAL ALLOCATION FOR CERTAIN DEFENDANTS
4499	4499	PLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION. Notwithstanding
4500	4500	any other provision of this chapter, the Texas Department of
4501	4501	Criminal Justice shall adopt policies and procedures to:
4502	4502	(1) determine the cost savings to the Texas Department
4503	4503	of Criminal Justice realized through the release of defendants on
4504	4504	community supervision under Article 42A.551(d)(2)(B) [Section
4505	4505	15(a)(2)(B)(ii), Article 42.12], Code of Criminal Procedure; and
4506	4506	(2) provide 30 percent of that cost savings to the
4507	4507	division to be allocated to individual departments and used for the
4508	4508	same purpose that state aid is used under Section 509.011.
4509	4509	SECTION 2.60. Section 557.001(c), Government Code, is
4510	4510	amended to read as follows:
4511	4511	(c) A person convicted of an offense under this section may
4512	4512	not receive community supervision [probation] under Chapter 42A
4513	4513	[Article 42.12], Code of Criminal Procedure.
4514	4514	SECTION 2.61. Section 772.0071(a)(1), Government Code, is
4515	4515	amended to read as follows:
4516	4516	(1) "Border crime" means any crime that occurs in the
4517	4517	border region and that undermines public safety or security,
4518	4518	including an offense:
4519	4519	(A) during the prosecution of which an
4520	4520	affirmative finding may be requested under Article 42A.054(c) or
4521	4521	(d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure;
4522	4522	(B) under Chapter 19, 20, 20A, 46, or 71, Penal
4523	4523	Code;
4524	4524	(C) under Title 7 or 8, Penal Code;
4525	4525	(D) under Chapter 481, Health and Safety Code;
4526	4526	(E) committed by a person who is not a citizen or
4527	4527	national of the United States and is not lawfully present in the
4528	4528	United States; or
4529	4529	(F) that is coordinated with or related to
4530	4530	activities or crimes that occur or are committed in the United
4531	4531	Mexican States.
4532	4532	SECTION 2.62. Section 2001.221, Government Code, is amended
4533	4533	to read as follows:
4534	4534	Sec. 2001.221. DRIVER'S LICENSES. This chapter does not
4535	4535	apply to a suspension, revocation, cancellation, denial, or
4536	4536	disqualification of a driver's license or commercial driver's
4537	4537	license as authorized by:
4538	4538	(1) Subchapter N, Chapter 521, Transportation Code,
4539	4539	except Sections 521.304 and 521.305 of that subchapter, or by
4540	4540	Subchapter O or P of that chapter;
4541	4541	(2) Chapter 522, Transportation Code;
4542	4542	(3) Chapter 601, Transportation Code; or
4543	4543	(4) Article 42A.406 or 42A.407 [Section 13, Article
4544	4544	42.12], Code of Criminal Procedure.
4545	4545	SECTION 2.63. Section 2002.023, Government Code, is amended
4546	4546	to read as follows:
4547	4547	Sec. 2002.023. EXCEPTIONS. This subchapter does not apply
4548	4548	to:
4549	4549	(1) a suspension, revocation, cancellation, denial,
4550	4550	or disqualification of a driver's license or commercial driver's
4551	4551	license as authorized by:
4552	4552	(A) Subchapter N, Chapter 521, Transportation
4553	4553	Code, except Sections 521.304 and 521.305 of that subchapter, or by
4554	4554	Subchapter O or P of that chapter;
4555	4555	(B) Chapter 522, Transportation Code;
4556	4556	(C) Chapter 601, Transportation Code;
4557	4557	(D) Chapter 724, Transportation Code; or
4558	4558	(E) Article 42A.406 or 42A.407 [Section 13,
4559	4559	Article 42.12], Code of Criminal Procedure;
4560	4560	(2) matters related solely to the internal personnel
4561	4561	rules and practices of a state agency;
4562	4562	(3) the Texas Workforce Commission, other than to
4563	4563	matters of unemployment insurance maintained by the commission; or
4564	4564	(4) a rule or internal procedure of the Texas
4565	4565	Department of Criminal Justice or Texas Board of Criminal Justice
4566	4566	that applies to an inmate or any other person under the custody or
4567	4567	control of the department or to an action taken under that rule or
4568	4568	procedure.
4569	4569	SECTION 2.64. Section 81.093(b), Health and Safety Code, is
4570	4570	amended to read as follows:
4571	4571	(b) The court shall order that a presentence
4572	4572	[presentencing] report be prepared under Subchapter F, Chapter 42A
4573	4573	[Section 9, Article 42.12], Code of Criminal Procedure, to
4574	4574	determine if a person convicted of an offense under Chapter 481
4575	4575	(Texas Controlled Substances Act) or under Sections 485.031 through
4576	4576	485.035 should be subject to Section 81.083 and Subchapter G.
4577	4577	SECTION 2.65. Section 169.001(b), Health and Safety Code,
4578	4578	is amended to read as follows:
4579	4579	(b) If a defendant successfully completes a first offender
4580	4580	prostitution prevention program, regardless of whether the
4581	4581	defendant was convicted of the offense for which the defendant
4582	4582	entered the program or whether the court deferred further
4583	4583	proceedings without entering an adjudication of guilt, after notice
4584	4584	to the state and a hearing on whether the defendant is otherwise
4585	4585	entitled to the petition, including whether the required time
4586	4586	period has elapsed, and whether issuance of the order is in the best
4587	4587	interest of justice, the court shall enter an order of
4588	4588	nondisclosure under Section 411.081, Government Code, as if the
4589	4589	defendant had received a discharge and dismissal under Article
4590	4590	42A.111 [Section 5(c), Article 42.12], Code of Criminal Procedure,
4591	4591	with respect to all records and files related to the defendant's
4592	4592	arrest for the offense for which the defendant entered the program
4593	4593	if the defendant:
4594	4594	(1) has not been previously convicted of a felony
4595	4595	offense; and
4596	4596	(2) is not convicted of any other felony offense
4597	4597	before the second anniversary of the defendant's successful
4598	4598	completion of the program.
4599	4599	SECTION 2.66. Section 169.002(b), Health and Safety Code,
4600	4600	is amended to read as follows:
4601	4601	(b) A defendant is eligible to participate in a first
4602	4602	offender prostitution prevention program established under this
4603	4603	chapter only if:
4604	4604	(1) the attorney representing the state consents to
4605	4605	the defendant's participation in the program; and
4606	4606	(2) the court in which the criminal case is pending
4607	4607	finds that the defendant has not been previously convicted of:
4608	4608	(A) an offense under Section 20A.02, 43.02,
4609	4609	43.03, 43.04, or 43.05, Penal Code;
4610	4610	(B) an offense listed in Article 42A.054(a)
4611	4611	[Section 3g(a)(1), Article 42.12], Code of Criminal Procedure; or
4612	4612	(C) an offense punishable as a felony under
4613	4613	Chapter 481.
4614	4614	SECTION 2.67. Section 169A.001(b), Health and Safety Code,
4615	4615	is amended to read as follows:
4616	4616	(b) If a defendant successfully completes a prostitution
4617	4617	prevention program, regardless of whether the defendant was
4618	4618	convicted of the offense for which the defendant entered the
4619	4619	program or whether the court deferred further proceedings without
4620	4620	entering an adjudication of guilt, after notice to the state and a
4621	4621	hearing on whether the defendant is otherwise entitled to the
4622	4622	petition, including whether the required time has elapsed, and
4623	4623	whether issuance of the order is in the best interest of justice,
4624	4624	the court shall enter an order of nondisclosure under Section
4625	4625	411.081, Government Code, as if the defendant had received a
4626	4626	discharge and dismissal under Article 42A.111 [Section 5(c),
4627	4627	Article 42.12], Code of Criminal Procedure, with respect to all
4628	4628	records and files related to the defendant's arrest for the offense
4629	4629	for which the defendant entered the program.
4630	4630	SECTION 2.68. Section 250.006(d), Health and Safety Code,
4631	4631	is amended to read as follows:
4632	4632	(d) For purposes of this section, a person who is placed on
4633	4633	deferred adjudication community supervision for an offense listed
4634	4634	in this section, successfully completes the period of deferred
4635	4635	adjudication community supervision, and receives a dismissal and
4636	4636	discharge in accordance with Article 42A.111 [Section 5(c), Article
4637	4637	42.12], Code of Criminal Procedure, is not considered convicted of
4638	4638	the offense for which the person received deferred adjudication
4639	4639	community supervision.
4640	4640	SECTION 2.69. Section 534.053(c), Health and Safety Code,
4641	4641	is amended to read as follows:
4642	4642	(c) To the extent that resources are available, the
4643	4643	department shall:
4644	4644	(1) ensure that the services listed in this section
4645	4645	are available for children, including adolescents, as well as
4646	4646	adults, in each service area;
4647	4647	(2) emphasize early intervention services for
4648	4648	children, including adolescents, who meet the department's
4649	4649	definition of being at high risk of developing severe emotional
4650	4650	disturbances or severe mental illnesses; and
4651	4651	(3) ensure that services listed in this section are
4652	4652	available for defendants required to submit to mental health
4653	4653	treatment under Article 17.032, 42A.104, or 42A.506 [Section 5(a)
4654	4654	or 11(d), Article 42.12], Code of Criminal Procedure.
4655	4655	SECTION 2.70. Section 614.0032(a), Health and Safety Code,
4656	4656	is amended to read as follows:
4657	4657	(a) The office shall:
4658	4658	(1) perform duties imposed on the office by Section
4659	4659	508.146, Government Code; and
4660	4660	(2) periodically identify state jail felony
4661	4661	defendants suitable for release under Article 42A.561 [Section
4662	4662	15(i), Article 42.12], Code of Criminal Procedure, and perform
4663	4663	other duties imposed on the office by that article [section].
4664	4664	SECTION 2.71. Section 773.0614(c), Health and Safety Code,
4665	4665	is amended to read as follows:
4666	4666	(c) A certificate holder's certificate shall be revoked if
4667	4667	the certificate holder has been convicted of or placed on deferred
4668	4668	adjudication community supervision or deferred disposition for:
4669	4669	(1) an offense listed in Article 42A.054(a)(2), (3),
4670	4670	(4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A) through
4671	4671	(H), Article 42.12], Code of Criminal Procedure; or
4672	4672	(2) an offense, other than an offense described by
4673	4673	Subdivision (1), committed on or after September 1, 2009, for which
4674	4674	the person is subject to registration under Chapter 62, Code of
4675	4675	Criminal Procedure.
4676	4676	SECTION 2.72. Section 773.06141(a), Health and Safety Code,
4677	4677	is amended to read as follows:
4678	4678	(a) The commissioner may suspend, revoke, or deny an
4679	4679	emergency medical services provider license on the grounds that the
4680	4680	provider's administrator of record, employee, or other
4681	4681	representative:
4682	4682	(1) has been convicted of, or placed on deferred
4683	4683	adjudication community supervision or deferred disposition for, an
4684	4684	offense that directly relates to the duties and responsibilities of
4685	4685	the administrator, employee, or representative, other than an
4686	4686	offense for which points are assigned under Section 708.052,
4687	4687	Transportation Code;
4688	4688	(2) has been convicted of or placed on deferred
4689	4689	adjudication community supervision or deferred disposition for an
4690	4690	offense, including:
4691	4691	(A) an offense listed in Article 42A.054(a)(2),
4692	4692	(3), (4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A)
4693	4693	through (H), Article 42.12], Code of Criminal Procedure; or
4694	4694	(B) an offense, other than an offense described
4695	4695	by Subdivision (1), for which the person is subject to registration
4696	4696	under Chapter 62, Code of Criminal Procedure; or
4697	4697	(3) has been convicted of Medicare or Medicaid fraud,
4698	4698	has been excluded from participation in the state Medicaid program,
4699	4699	or has a hold on payment for reimbursement under the state Medicaid
4700	4700	program under Subchapter C, Chapter 531, Government Code.
4701	4701	SECTION 2.73. Section 841.082(a), Health and Safety Code,
4702	4702	is amended to read as follows:
4703	4703	(a) Before entering an order directing a person's
4704	4704	outpatient civil commitment, the judge shall impose on the person
4705	4705	requirements necessary to ensure the person's compliance with
4706	4706	treatment and supervision and to protect the community. The
4707	4707	requirements shall include:
4708	4708	(1) requiring the person to reside in a Texas
4709	4709	residential facility under contract with the office or at another
4710	4710	location or facility approved by the office;
4711	4711	(2) prohibiting the person's contact with a victim or
4712	4712	potential victim of the person;
4713	4713	(3) prohibiting the person's possession or use of
4714	4714	alcohol, inhalants, or a controlled substance;
4715	4715	(4) requiring the person's participation in and
4716	4716	compliance with a specific course of treatment provided by the
4717	4717	office and compliance with all written requirements imposed by the
4718	4718	case manager or otherwise by the office;
4719	4719	(5) requiring the person to:
4720	4720	(A) submit to tracking under a particular type of
4721	4721	tracking service and to any other appropriate supervision; and
4722	4722	(B) refrain from tampering with, altering,
4723	4723	modifying, obstructing, or manipulating the tracking equipment;
4724	4724	(6) prohibiting the person from changing the person's
4725	4725	residence without prior authorization from the judge and from
4726	4726	leaving the state without that prior authorization;
4727	4727	(7) if determined appropriate by the judge,
4728	4728	establishing a child safety zone in the same manner as a child
4729	4729	safety zone is established by a judge under Article 42A.453
4730	4730	[Section 13B, Article 42.12], Code of Criminal Procedure, and
4731	4731	requiring the person to comply with requirements related to the
4732	4732	safety zone; and
4733	4733	(8) any other requirements determined necessary by the
4734	4734	judge.
4735	4735	SECTION 2.74. Section 133.055(b), Local Government Code, is
4736	4736	amended to read as follows:
4737	4737	(b) If the treasurer does not collect any fees during a
4738	4738	calendar quarter, the treasurer shall file the report required for
4739	4739	the quarter in the regular manner. The report must state that no
4740	4740	fees were collected. This subsection does not apply to fees
4741	4741	collected under Article 42A.303 or 42A.653 [Sections 14 and 19,
4742	4742	Article 42.12], Code of Criminal Procedure, or under Section
4743	4743	76.013, Government Code.
4744	4744	SECTION 2.75. Section 133.058(d), Local Government Code, is
4745	4745	amended to read as follows:
4746	4746	(d) A county may not retain a service fee on the collection
4747	4747	of a fee:
4748	4748	(1) for the judicial fund;
4749	4749	(2) under Article 42A.303 or 42A.653 [Sections 14 and
4750	4750	19, Article 42.12], Code of Criminal Procedure; or
4751	4751	(3) under Section 51.851, Government Code.
4752	4752	SECTION 2.76. Section 152.017, Local Government Code, is
4753	4753	amended to read as follows:
4754	4754	Sec. 152.017. EXCEPTIONS. This subchapter does not apply
4755	4755	to:
4756	4756	(1) a judge of a court of record;
4757	4757	(2) a presiding judge of a commissioners court in a
4758	4758	county with a population of 3.3 million or more;
4759	4759	(3) a district attorney paid wholly by state funds or
4760	4760	the district attorney's assistants, investigators, or other
4761	4761	employees;
4762	4762	(4) a county auditor, county purchasing agent, or the
4763	4763	auditor's or purchasing agent's assistants or other employees; or
4764	4764	(5) a person employed under Section 76.004, Government
4765	4765	Code [10, Article 42.12, Code of Criminal Procedure].
4766	4766	SECTION 2.77. Section 157.002(a), Local Government Code, is
4767	4767	amended to read as follows:
4768	4768	(a) The commissioners court by rule may provide for medical
4769	4769	care and hospitalization and may provide for compensation,
4770	4770	accident, hospital, and disability insurance for the following
4771	4771	persons if their salaries are paid from the funds of the county or
4772	4772	funds of a flood control district located entirely in the county, or
4773	4773	funds of a hospital district described by Section 281.0475, Health
4774	4774	and Safety Code, located entirely in the county, or if they are
4775	4775	employees of another governmental entity for which the county is
4776	4776	obligated to provide benefits:
4777	4777	(1) deputies, assistants, and other employees of the
4778	4778	county, or of the flood control district, or of the hospital
4779	4779	district, who work under the commissioners court or its appointees;
4780	4780	(2) county and district officers and their deputies
4781	4781	and assistants appointed under Subchapter A, Chapter 151;
4782	4782	(3) employees appointed under Section 76.004(b),
4783	4783	Government Code [10(a), Article 42.12, Code of Criminal Procedure];
4784	4784	(4) any retired person formerly holding any status
4785	4785	listed above; and
4786	4786	(5) the dependents of any person listed above.
4787	4787	SECTION 2.78. Section 352.082(d), Local Government Code, is
4788	4788	amended to read as follows:
4789	4789	(d) An offense under this section is a Class C misdemeanor.
4790	4790	On conviction of an offense under this section, the court shall
4791	4791	require the defendant, in addition to any fine, to perform
4792	4792	community service as provided by Article 42A.304(e) [Section 16(e),
4793	4793	Article 42.12], Code of Criminal Procedure.
4794	4794	SECTION 2.79. Section 53.021(a), Occupations Code, is
4795	4795	amended to read as follows:
4796	4796	(a) A licensing authority may suspend or revoke a license,
4797	4797	disqualify a person from receiving a license, or deny to a person
4798	4798	the opportunity to take a licensing examination on the grounds that
4799	4799	the person has been convicted of:
4800	4800	(1) an offense that directly relates to the duties and
4801	4801	responsibilities of the licensed occupation;
4802	4802	(2) an offense that does not directly relate to the
4803	4803	duties and responsibilities of the licensed occupation and that was
4804	4804	committed less than five years before the date the person applies
4805	4805	for the license;
4806	4806	(3) an offense listed in Article 42A.054 [Section 3g,
4807	4807	Article 42.12], Code of Criminal Procedure; or
4808	4808	(4) a sexually violent offense, as defined by Article
4809	4809	62.001, Code of Criminal Procedure.
4810	4810	SECTION 2.80. Section 109.001(3), Occupations Code, is
4811	4811	amended to read as follows:
4812	4812	(3) "Sex offender" has the meaning assigned by Article
4813	4813	42A.251(2) [Section 9(m), Article 42.12], Code of Criminal
4814	4814	Procedure.
4815	4815	SECTION 2.81. Section 12.35(c), Penal Code, is amended to
4816	4816	read as follows:
4817	4817	(c) An individual adjudged guilty of a state jail felony
4818	4818	shall be punished for a third degree felony if it is shown on the
4819	4819	trial of the offense that:
4820	4820	(1) a deadly weapon as defined by Section 1.07 was used
4821	4821	or exhibited during the commission of the offense or during
4822	4822	immediate flight following the commission of the offense, and that
4823	4823	the individual used or exhibited the deadly weapon or was a party to
4824	4824	the offense and knew that a deadly weapon would be used or
4825	4825	exhibited; or
4826	4826	(2) the individual has previously been finally
4827	4827	convicted of any felony:
4828	4828	(A) under Section 20A.03 or 21.02 or listed in
4829	4829	Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
4830	4830	Criminal Procedure; or
4831	4831	(B) for which the judgment contains an
4832	4832	affirmative finding under Article 42A.054(c) or (d) [Section
4833	4833	3g(a)(2), Article 42.12], Code of Criminal Procedure.
4834	4834	SECTION 2.82. Section 12.42(h), Penal Code, is amended to
4835	4835	read as follows:
4836	4836	(h) In this section, "sexually violent offense" means an
4837	4837	offense:
4838	4838	(1) described by Article 62.001(6), Code of Criminal
4839	4839	Procedure; and
4840	4840	(2) for which an affirmative finding has been entered
4841	4841	under Article 42.015(b) or 42A.105(a) [Section 5(e)(2), Article
4842	4842	42.12], Code of Criminal Procedure, for an offense other than an
4843	4843	offense under Section 21.02 or 22.021.
4844	4844	SECTION 2.83. Section 15.031(a), Penal Code, is amended to
4845	4845	read as follows:
4846	4846	(a) A person commits an offense if, with intent that an
4847	4847	offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
4848	4848	42.12], Code of Criminal Procedure, be committed, the person
4849	4849	requests, commands, or attempts to induce a minor to engage in
4850	4850	specific conduct that, under the circumstances surrounding the
4851	4851	actor's conduct as the actor believes them to be, would constitute
4852	4852	an offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
4853	4853	42.12,] or make the minor a party to the commission of an offense
4854	4854	listed by Article 42A.054(a) [Section 3g(a)(1), Article 42.12].
4855	4855	SECTION 2.84. Section 49.09(h), Penal Code, is amended to
4856	4856	read as follows:
4857	4857	(h) This subsection applies only to a person convicted of a
4858	4858	second or subsequent offense relating to the operating of a motor
4859	4859	vehicle while intoxicated committed within five years of the date
4860	4860	on which the most recent preceding offense was committed. The court
4861	4861	shall enter an order that requires the defendant to have a device
4862	4862	installed, on each motor vehicle owned or operated by the
4863	4863	defendant, that uses a deep-lung breath analysis mechanism to make
4864	4864	impractical the operation of the motor vehicle if ethyl alcohol is
4865	4865	detected in the breath of the operator, and that requires that
4866	4866	before the first anniversary of the ending date of the period of
4867	4867	license suspension under Section 521.344, Transportation Code, the
4868	4868	defendant not operate any motor vehicle that is not equipped with
4869	4869	that device. The court shall require the defendant to obtain the
4870	4870	device at the defendant's own cost on or before that ending date,
4871	4871	require the defendant to provide evidence to the court on or before
4872	4872	that ending date that the device has been installed on each
4873	4873	appropriate vehicle, and order the device to remain installed on
4874	4874	each vehicle until the first anniversary of that ending date. If
4875	4875	the court determines the offender is unable to pay for the device,
4876	4876	the court may impose a reasonable payment schedule not to extend
4877	4877	beyond the first anniversary of the date of installation. The
4878	4878	Department of Public Safety shall approve devices for use under
4879	4879	this subsection. Section 521.247, Transportation Code, applies to
4880	4880	the approval of a device under this subsection and the consequences
4881	4881	of that approval. Failure to comply with an order entered under
4882	4882	this subsection is punishable by contempt. For the purpose of
4883	4883	enforcing this subsection, the court that enters an order under
4884	4884	this subsection retains jurisdiction over the defendant until the
4885	4885	date on which the device is no longer required to remain installed.
4886	4886	To the extent of a conflict between this subsection and Article
4887	4887	42A.408 [Section 13(i), Article 42.12], Code of Criminal Procedure,
4888	4888	this subsection controls.
4889	4889	SECTION 2.85. Section 71.023(a), Penal Code, is amended to
4890	4890	read as follows:
4891	4891	(a) A person commits an offense if the person, as part of the
4892	4892	identifiable leadership of a criminal street gang, knowingly
4893	4893	finances, directs, or supervises the commission of, or a conspiracy
4894	4894	to commit, one or more of the following offenses by members of a
4895	4895	criminal street gang:
4896	4896	(1) a felony offense that is listed in Article
4897	4897	42A.054(a) [Section 3g(a)(1), Article 42.12], Code of Criminal
4898	4898	Procedure;
4899	4899	(2) a felony offense for which it is shown that a
4900	4900	deadly weapon, as defined by Section 1.07, was used or exhibited
4901	4901	during the commission of the offense or during immediate flight
4902	4902	from the commission of the offense; or
4903	4903	(3) an offense that is punishable under Section
4904	4904	481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or
4905	4905	481.120(b)(6), Health and Safety Code.
4906	4906	SECTION 2.86. Section 521.245(b), Transportation Code, is
4907	4907	amended to read as follows:
4908	4908	(b) The program required under Subsection (a) may not be the
4909	4909	program provided by Section 521.344 or by Article 42A.403 or
4910	4910	42A.404 [Section 13, Article 42.12], Code of Criminal Procedure.
4911	4911	SECTION 2.87. Section 521.320(f), Transportation Code, is
4912	4912	amended to read as follows:
4913	4913	(f) For the purposes of this section, a person is convicted
4914	4914	of an offense regardless of whether sentence is imposed or the
4915	4915	person is placed on community supervision for the offense under
4916	4916	Chapter 42A [Article 42.12], Code of Criminal Procedure.
4917	4917	SECTION 2.88. Section 521.342(b), Transportation Code, is
4918	4918	amended to read as follows:
4919	4919	(b) The department shall suspend for one year the license of
4920	4920	a person who is under 21 years of age and is convicted of an offense
4921	4921	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
4922	4922	regardless of whether the person is required to attend an
4923	4923	educational program under Article 42A.403 [Section 13(h), Article
4924	4924	42.12], Code of Criminal Procedure, that is designed to
4925	4925	rehabilitate persons who have operated motor vehicles while
4926	4926	intoxicated, unless the person is placed under community
4927	4927	supervision under Chapter 42A, Code of Criminal Procedure, [that
4928	4928	article] and is required as a condition of the community
4929	4929	supervision to not operate a motor vehicle unless the vehicle is
4930	4930	equipped with the device described by Article 42A.408 [Section
4931	4931	13(i)] of that chapter [article]. If the person is required to
4932	4932	attend such a program and does not complete the program before the
4933	4933	end of the person's suspension, the department shall suspend the
4934	4934	person's license or continue the suspension, as appropriate, until
4935	4935	the department receives proof that the person has successfully
4936	4936	completed the program. On the person's successful completion of
4937	4937	the program, the person's instructor shall give notice to the
4938	4938	department and to the community supervision and corrections
4939	4939	department in the manner provided by Article 42A.406(b) [Section
4940	4940	13(h), Article 42.12], Code of Criminal Procedure.
4941	4941	SECTION 2.89. Sections 521.344(d), (f), and (i),
4942	4942	Transportation Code, are amended to read as follows:
4943	4943	(d) Except as provided by Subsection (e) and Section
4944	4944	521.342(b), during a period of probation the department may not
4945	4945	revoke the person's license if the person is required under Article
4946	4946	42A.403 or 42A.404 [Section 13(h) or (j), Article 42.12], Code of
4947	4947	Criminal Procedure, to successfully complete an educational
4948	4948	program designed to rehabilitate persons who have operated motor
4949	4949	vehicles while intoxicated, unless the person was punished under
4950	4950	Section 49.09(a) or (b), Penal Code, and was subject to Section
4951	4951	49.09(h) of that code. The department may not revoke the license of
4952	4952	a person:
4953	4953	(1) for whom the jury has recommended that the license
4954	4954	not be revoked under Article 42A.407(a) [Section 13(g), Article
4955	4955	42.12], Code of Criminal Procedure; or
4956	4956	(2) who is placed under community supervision under
4957	4957	Chapter 42A, Code of Criminal Procedure, [that article] and is
4958	4958	required as a condition of community supervision to not operate a
4959	4959	motor vehicle unless the vehicle is equipped with the device
4960	4960	described by Article 42A.408 [Section 13(i)] of that chapter
4961	4961	[article], unless the person was punished under Section 49.09(a) or
4962	4962	(b), Penal Code, and was subject to Section 49.09(g) of that code.
4963	4963	(f) After the date has passed, according to department
4964	4964	records, for successful completion of an educational program for
4965	4965	repeat offenders as required by Article 42A.404 [Section 13,
4966	4966	Article 42.12], Code of Criminal Procedure, the director shall
4967	4967	suspend the license of a person who does not successfully complete
4968	4968	the program or, if the person is a resident without a license, shall
4969	4969	issue an order prohibiting the person from obtaining a license.
4970	4970	(i) On the date that a suspension order under Section
4971	4971	521.343(c) is to expire, the period of suspension or the
4972	4972	corresponding period in which the department is prohibited from
4973	4973	issuing a license is automatically increased to two years unless
4974	4974	the department receives notice of successful completion of the
4975	4975	educational program as required by Article 42A.406 [Section 13,
4976	4976	Article 42.12], Code of Criminal Procedure. At the time a person is
4977	4977	convicted of an offense under Section 49.04 or 49.045, Penal Code,
4978	4978	the court shall warn the person of the effect of this subsection.
4979	4979	On the person's successful completion of the program, the person's
4980	4980	instructor shall give notice to the department and to the community
4981	4981	supervision and corrections department in the manner required by
4982	4982	Article 42A.406(b) [Section 13, Article 42.12], Code of Criminal
4983	4983	Procedure. If the department receives proof of completion after a
4984	4984	period has been extended under this subsection, the department
4985	4985	shall immediately end the suspension or prohibition.
4986	4986	SECTION 2.90. Section 521.350(d), Transportation Code, is
4987	4987	amended to read as follows:
4988	4988	(d) A person whose license is suspended under Subsection (a)
4989	4989	shall be required by the court in which the person was convicted to
4990	4990	perform at least 10 hours of community service as ordered by the
4991	4991	court. If the person is a resident of this state without a driver's
4992	4992	license to operate a motor vehicle, the court shall issue an order
4993	4993	prohibiting the department from issuing the person a driver's
4994	4994	license before the person completes the community service.
4995	4995	Community service required under this subsection is in addition to
4996	4996	any community service required of the person as a condition of
4997	4997	community supervision under Article 42A.304 [Section 16, Article
4998	4998	42.12], Code of Criminal Procedure.
4999	4999	SECTION 2.91. Section 522.088, Transportation Code, is
5000	5000	amended to read as follows:
5001	5001	Sec. 522.088. APPLICABILITY OF OTHER LAW. Section 521.344
5002	5002	of this code and Subchapter I, Chapter 42A [Section 13, Article
5003	5003	42.12], Code of Criminal Procedure, except Article 42A.409 of that
5004	5004	subchapter, do not apply to a person disqualified under this
5005	5005	chapter.
5006	5006	ARTICLE 3. REPEALER
5007	5007	SECTION 3.01. Article 42.12, Code of Criminal Procedure, is
5008	5008	repealed.
5009	5009	ARTICLE 4. GENERAL MATTERS
5010	5010	SECTION 4.01. This Act is enacted under Section 43, Article
5011	5011	III, Texas Constitution. This Act is intended as a codification
5012	5012	only, and no substantive change in the law is intended by this Act.
5013	5013	SECTION 4.02. This Act takes effect April 1, 2017.