| 1 | 1 | | 88R1992 JRR-D |
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| 2 | 2 | | By: Allen, Garcia H.B. No. 1705 |
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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 award of diligent participation credit to |
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| 8 | 8 | | defendants confined in a state jail felony facility. |
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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. Articles 42A.559(b), (f), and (h), Code of |
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| 11 | 11 | | Criminal Procedure, are amended to read as follows: |
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| 12 | 12 | | (b) A defendant confined in a state jail felony facility |
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| 13 | 13 | | does not earn good conduct time for time served in the facility but |
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| 14 | 14 | | shall [may] be awarded diligent participation credit in accordance |
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| 15 | 15 | | with Subsection (f) [or (g)]. |
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| 16 | 16 | | (f) The [For a defendant with a judgment that contains a |
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| 17 | 17 | | finding under Article 42.0199 that the defendant is presumptively |
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| 18 | 18 | | entitled to diligent participation credit and who has not been the |
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| 19 | 19 | | subject of disciplinary action while confined in the state jail |
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| 20 | 20 | | felony facility, the] department shall credit against any time the |
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| 21 | 21 | | defendant is required to serve in a state jail felony facility |
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| 22 | 22 | | additional time for each day the defendant actually served in the |
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| 23 | 23 | | facility while diligently participating in an educational, |
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| 24 | 24 | | vocational, treatment, or work program. |
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| 25 | 25 | | (h) A time credit under Subsection (f) [or (g)] may not |
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| 26 | 26 | | exceed one-fifth of the amount of time the defendant is originally |
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| 27 | 27 | | required to serve in the facility. A defendant may not be awarded a |
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| 28 | 28 | | time credit under Subsection (f) [or (g)] for any period during |
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| 29 | 29 | | which the defendant is subject to disciplinary status. A time |
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| 30 | 30 | | credit under Subsection (f) [or (g)] is a privilege and not a right. |
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| 31 | 31 | | SECTION 2. The following provisions of the Code of Criminal |
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| 32 | 32 | | Procedure are repealed: |
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| 33 | 33 | | (1) Article 42.0199; and |
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| 34 | 34 | | (2) Article 42A.559(g). |
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| 35 | 35 | | SECTION 3. The change in law made by this Act applies only |
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| 36 | 36 | | to a person confined in a state jail felony facility for an offense |
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| 37 | 37 | | committed on or after the effective date of this Act. A person |
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| 38 | 38 | | confined in a state jail felony facility for an offense committed |
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| 39 | 39 | | before the effective date of this Act is governed by the law in |
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| 40 | 40 | | effect on the date the offense was committed, and the former law is |
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| 41 | 41 | | continued in effect for that purpose. For purposes of this section, |
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| 42 | 42 | | an offense was committed before the effective date of this Act if |
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| 43 | 43 | | any element of the offense occurred before that date. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2023. |
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