85R3117 JG-D
By: Rose H.B. No. 1287
A BILL TO BE ENTITLED
AN ACT
relating to the electronic monitoring of certain defendants as an
alternative to confinement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.035(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A court may require a defendant to serve all or part of a
sentence of confinement in county jail by participating in an
electronic monitoring program rather than being confined in the
county jail, if the program:
(1) is operated by a community supervision and
corrections department that serves the county in which the court is
located and has been approved by the community justice assistance
division of the Texas Department of Criminal Justice; or
(2) is operated by the commissioners court of the
county, or by a private vendor under contract with the
commissioners court, under Section 351.904, Local Government Code
[, if the defendant has not been placed on community supervision].
SECTION 2. Article 42.035(a), Code of Criminal Procedure,
as amended by this Act, applies only to a defendant who is sentenced
to a term of confinement in county jail for an offense committed on
or after the effective date of this Act. A defendant who is
sentenced to a term of confinement in county jail for an offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2017.