Texas 2017 - 85th Regular

Texas House Bill HB607 Compare Versions

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

Old	New	Differences
1	1	85R3530 KJE-F
2	2	By: Minjarez H.B. No. 607
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a court's continuing jurisdiction to handle the
8	8	disposition of a felony case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42A.202, Code of Criminal Procedure, is
11	11	amended by amending Subsections (b), (c), (d), and (e) and adding
12	12	Subsection (b-1) to read as follows:
13	13	(b) Before the expiration of the 180-day period described by
14	14	Subsection (a), the judge of the court that imposed the sentence
15	15	described by that subsection may, on the judge's own motion, on the
16	16	motion of the attorney representing the state, or on the written
17	17	motion of the defendant, subject to Subsection (b-1):
18	18	(1) withdraw the adjudication of guilt, defer further
19	19	proceedings in the matter, and place the defendant on deferred
20	20	adjudication community supervision in accordance with Subchapter
21	21	C; or
22	22	(2) suspend further execution of the sentence and
23	23	place the defendant on community supervision in accordance with
24	24	Subchapter B.
25	25	(b-1) A judge may take an action under Subsection (b) only
26	26	[under the terms and conditions of this chapter] if:
27	27	(1) in the opinion of the judge, the defendant would
28	28	not benefit from further imprisonment;
29	29	(2) the defendant is otherwise eligible for community
30	30	supervision under this chapter; and
31	31	(3) the defendant had never before been incarcerated
32	32	in a penitentiary serving a sentence for a felony.
33	33	(c) When the defendant files a written motion requesting the
34	34	judge to take an action under Subsection (b) [suspend further
35	35	execution of the sentence and place the defendant on community
36	36	supervision], the defendant shall immediately deliver or cause to
37	37	be delivered a copy of the motion to the office of the attorney
38	38	representing the state.
39	39	(d) When the defendant or the attorney representing the
40	40	state files a written motion requesting the judge to take an action
41	41	under Subsection (b) [suspend further execution of the sentence and
42	42	place the defendant on community supervision], and when requested
43	43	to do so by the judge, the clerk of the court shall request a copy of
44	44	the defendant's record while imprisoned from the Texas Department
45	45	of Criminal Justice or, if the defendant is confined in county jail,
46	46	from the sheriff. On receipt of the request, the Texas Department
47	47	of Criminal Justice or the sheriff shall forward a copy of the
48	48	record to the judge as soon as possible.
49	49	(e) The judge may deny the motion without holding a hearing
50	50	but may not grant the motion without holding a hearing and providing
51	51	the attorney representing the state and the defendant the
52	52	opportunity to present evidence on the motion. If the judge denies
53	53	the motion, the judge may also reduce the period of incarceration
54	54	required by the original sentence imposed.
55	55	SECTION 2. Article 42A.203(a), Code of Criminal Procedure,
56	56	is amended to read as follows:
57	57	(a) Except as otherwise provided by Subsection (b), only the
58	58	judge who originally sentenced the defendant may take an action
59	59	[suspend execution of the sentence and place the defendant on
60	60	community supervision] under Article 42A.202(b) [42A.202].
61	61	SECTION 3. Article 42A.558, Code of Criminal Procedure, is
62	62	amended by amending Subsections (b), (c), and (d) and adding
63	63	Subsection (e) to read as follows:
64	64	(b) The court retains jurisdiction over the defendant for
65	65	the period during which the defendant is confined in a state jail
66	66	felony facility. At any time after the 75th day after the date the
67	67	defendant is received into the custody of a state jail felony
68	68	facility, the judge may, on the judge's own motion, on the motion of
69	69	the attorney representing the state, or on the motion of the
70	70	defendant:
71	71	(1) withdraw the adjudication of guilt, defer further
72	72	proceedings in the matter, and place the defendant on deferred
73	73	adjudication community supervision in accordance with Subchapter
74	74	C; or
75	75	(2) [may] suspend further execution of the sentence
76	76	and place the defendant on community supervision in accordance with
77	77	[under the conditions of] this subchapter.
78	78	(c) When the defendant or the attorney representing the
79	79	state files a written motion requesting the judge to take an action
80	80	under Subsection (b) [suspend further execution of the sentence and
81	81	place the defendant on community supervision], the clerk of the
82	82	court, if requested to do so by the judge, shall request a copy of
83	83	the defendant's record while confined from the facility director of
84	84	the state jail felony facility in which the defendant is confined
85	85	or, if the defendant is confined in county jail, from the sheriff.
86	86	On receipt of the request, the facility director or the sheriff
87	87	shall forward a copy of the record to the judge as soon as possible.
88	88	(d) When the defendant files a written motion requesting the
89	89	judge to take an action under Subsection (b) [suspend further
90	90	execution of the sentence and place the defendant on community
91	91	supervision], the defendant shall immediately deliver or cause to
92	92	be delivered a copy of the motion to the office of the attorney
93	93	representing the state.
94	94	(e) The judge may deny the motion without holding a hearing
95	95	but may not grant the motion without holding a hearing and providing
96	96	the attorney representing the state and the defendant the
97	97	opportunity to present evidence on the motion. If the judge denies
98	98	the motion, the judge may also reduce the period of incarceration
99	99	required by the original sentence imposed.
100	100	SECTION 4. The changes in law made by this Act apply only to
101	101	a defendant charged with or convicted of an offense committed on or
102	102	after the effective date of this Act. A defendant charged with or
103	103	convicted of an offense committed before the effective date of this
104	104	Act is governed by the law in effect when the offense was committed,
105	105	and the former law is continued in effect for that purpose. For
106	106	purposes of this section, an offense was committed before the
107	107	effective date of this Act if any element of the offense occurred
108	108	before that date.
109	109	SECTION 5. This Act takes effect September 1, 2017.