| 1 | 1 | | 85R3117 JG-D |
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| 2 | 2 | | By: Rose H.B. No. 1287 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the electronic monitoring of certain defendants as an |
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| 8 | 8 | | alternative to confinement. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 42.035(a), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (a) A court may require a defendant to serve all or part of a |
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| 13 | 13 | | sentence of confinement in county jail by participating in an |
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| 14 | 14 | | electronic monitoring program rather than being confined in the |
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| 15 | 15 | | county jail, if the program: |
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| 16 | 16 | | (1) is operated by a community supervision and |
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| 17 | 17 | | corrections department that serves the county in which the court is |
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| 18 | 18 | | located and has been approved by the community justice assistance |
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| 19 | 19 | | division of the Texas Department of Criminal Justice; or |
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| 20 | 20 | | (2) is operated by the commissioners court of the |
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| 21 | 21 | | county, or by a private vendor under contract with the |
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| 22 | 22 | | commissioners court, under Section 351.904, Local Government Code |
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| 23 | 23 | | [, if the defendant has not been placed on community supervision]. |
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| 24 | 24 | | SECTION 2. Article 42.035(a), Code of Criminal Procedure, |
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| 25 | 25 | | as amended by this Act, applies only to a defendant who is sentenced |
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| 26 | 26 | | to a term of confinement in county jail for an offense committed on |
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| 27 | 27 | | or after the effective date of this Act. A defendant who is |
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| 28 | 28 | | sentenced to a term of confinement in county jail for an offense |
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| 29 | 29 | | committed before the effective date of this Act is governed by the |
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| 30 | 30 | | law in effect on the date the offense was committed, and the former |
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| 31 | 31 | | law is continued in effect for that purpose. For purposes of this |
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| 32 | 32 | | section, an offense was committed before the effective date of this |
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| 33 | 33 | | Act if any element of the offense occurred before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2017. |
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