Bill Text: TX HB2299 | 2015-2016 | 84th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the nonsubstantive revision of certain laws concerning community supervision granted in criminal cases, including conforming amendments.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective on . . . . . . . . . . . . . . . [HB2299 Detail]
Download: Texas-2015-HB2299-Engrossed.html
Bill Title: Relating to the nonsubstantive revision of certain laws concerning community supervision granted in criminal cases, including conforming amendments.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective on . . . . . . . . . . . . . . . [HB2299 Detail]
Download: Texas-2015-HB2299-Engrossed.html
By: Riddle | H.B. No. 2299 |
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relating to the nonsubstantive revision of certain laws concerning | ||
community supervision granted in criminal cases, including | ||
conforming amendments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. NONSUBSTANTIVE REVISION OF COMMUNITY SUPERVISION LAWS | ||
SECTION 1.01. Title 1, Code of Criminal Procedure, is amended by adding Chapter 42A to read as follows: | ||
CHAPTER 42A. COMMUNITY SUPERVISION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 42A.001. DEFINITIONS | ||
SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION | ||
Art. 42A.051. AUTHORITY TO GRANT COMMUNITY | ||
SUPERVISION, IMPOSE OR MODIFY | ||
CONDITIONS, OR DISCHARGE DEFENDANT | ||
Art. 42A.052. MODIFICATION OF CONDITIONS BY | ||
SUPERVISION OFFICER OR MAGISTRATE | ||
Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION | ||
Art. 42A.054. LIMITATION ON JUDGE-ORDERED COMMUNITY | ||
SUPERVISION | ||
Art. 42A.055. JURY-RECOMMENDED COMMUNITY SUPERVISION | ||
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY | ||
SUPERVISION | ||
Art. 42A.057. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR | ||
CERTAIN BURGLARIES OF VEHICLES | ||
SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION | ||
Art. 42A.101. PLACEMENT ON DEFERRED ADJUDICATION | ||
COMMUNITY SUPERVISION | ||
Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION | ||
COMMUNITY SUPERVISION | ||
Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION | ||
COMMUNITY SUPERVISION | ||
Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION | ||
COMMUNITY SUPERVISION; IMPOSITION OF | ||
FINE | ||
Art. 42A.105. AFFIRMATIVE FINDINGS | ||
Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO | ||
PETITION FOR ORDER OF NONDISCLOSURE | ||
Art. 42A.107. REQUEST FOR FINAL ADJUDICATION | ||
Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED | ||
ADJUDICATION COMMUNITY SUPERVISION; | ||
HEARING | ||
Art. 42A.109. DUE DILIGENCE DEFENSE | ||
Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION | ||
Art. 42A.111. DISMISSAL AND DISCHARGE | ||
SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION | ||
Art. 42A.151. TRANSFER OF JURISDICTION | ||
Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING | ||
GEOGRAPHICAL JURISDICTION | ||
Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE | ||
Art. 42A.154. LEAVING THE STATE | ||
SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING | ||
JURISDICTION | ||
Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR | ||
CASES | ||
Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES | ||
Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE | ||
IN FELONY CASES | ||
Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM | ||
USED OR EXHIBITED | ||
SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS | ||
Art. 42A.251. DEFINITIONS | ||
Art. 42A.252. PRESENTENCE REPORT REQUIRED | ||
Art. 42A.253. CONTENTS OF PRESENTENCE REPORT | ||
Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF | ||
CONTENTS | ||
Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT; | ||
ACCESS TO INFORMATION BY STATE | ||
Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION | ||
OFFICER; CONFIDENTIALITY OF REPORT | ||
Art. 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR | ||
DRUG REHABILITATION | ||
Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER | ||
TREATMENT, SPECIALIZED SUPERVISION, OR | ||
REHABILITATION | ||
Art. 42A.259. POSTSENTENCE REPORT | ||
SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY | ||
Art. 42A.301. BASIC DISCRETIONARY CONDITIONS | ||
Art. 42A.302. CONFINEMENT | ||
Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM | ||
Art. 42A.304. COMMUNITY SERVICE | ||
Art. 42A.305. COMMUNITY OUTREACH | ||
Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF | ||
STATE | ||
Art. 42A.307. ORCHIECTOMY PROHIBITED | ||
SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY | ||
Art. 42A.351. EDUCATIONAL SKILL LEVEL | ||
Art. 42A.352. DNA SAMPLE | ||
SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION | ||
OFFENSES | ||
Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY | ||
SUPERVISION FOR CERTAIN INTOXICATION | ||
OFFENSES | ||
Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION | ||
AND REHABILITATION | ||
Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN | ||
INTOXICATION OFFENDERS; WAIVER OR | ||
EXTENSION OF TIME | ||
Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT | ||
INTOXICATION OFFENDERS; WAIVER | ||
Art. 42A.405. RULES FOR AND ADMINISTRATION OF | ||
EDUCATIONAL PROGRAMS | ||
Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM | ||
REQUIREMENTS ON DRIVING RECORD AND | ||
LICENSE | ||
Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE | ||
Art. 42A.408. USE OF IGNITION INTERLOCK DEVICE | ||
Art. 42A.409. COMMUNITY SUPERVISION FOR ENHANCED | ||
PUBLIC INTOXICATION OFFENSE | ||
SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS | ||
Art. 42A.451. SEX OFFENDER REGISTRATION; DNA SAMPLE | ||
Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR | ||
REHABILITATION | ||
Art. 42A.453. CHILD SAFETY ZONE | ||
Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED | ||
Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER | ||
SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND | ||
OFFENDERS | ||
Art. 42A.501. COMMUNITY SUPERVISION FOR OFFENSE | ||
COMMITTED BECAUSE OF BIAS OR PREJUDICE | ||
Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN | ||
VIOLENT OFFENSES; CHILD SAFETY ZONE | ||
Art. 42A.503. COMMUNITY SUPERVISION FOR CERTAIN CHILD | ||
ABUSE OFFENSES; PROHIBITED CONTACT | ||
WITH VICTIM | ||
Art. 42A.504. COMMUNITY SUPERVISION FOR CERTAIN | ||
OFFENSES INVOLVING FAMILY VIOLENCE; | ||
SPECIAL CONDITIONS | ||
Art. 42A.505. COMMUNITY SUPERVISION FOR STALKING | ||
OFFENSE; PROHIBITED CONTACT WITH | ||
VICTIM | ||
Art. 42A.506. COMMUNITY SUPERVISION FOR DEFENDANT WITH | ||
MENTAL IMPAIRMENT | ||
Art. 42A.507. COMMUNITY SUPERVISION FOR CERTAIN | ||
DEFENDANTS IDENTIFIED AS MEMBERS OF | ||
CRIMINAL STREET GANGS; ELECTRONIC | ||
MONITORING | ||
Art. 42A.508. COMMUNITY SUPERVISION FOR CERTAIN | ||
ORGANIZED CRIME OFFENSES; RESTRICTIONS | ||
ON OPERATION OF MOTOR VEHICLE | ||
Art. 42A.509. COMMUNITY SUPERVISION FOR GRAFFITI | ||
OFFENSE | ||
Art. 42A.510. COMMUNITY SUPERVISION FOR ENHANCED | ||
DISORDERLY CONDUCT OFFENSE | ||
Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN | ||
OFFENSES INVOLVING ANIMALS | ||
Art. 42A.512. COMMUNITY SUPERVISION FOR ELECTRONIC | ||
TRANSMISSION OF CERTAIN VISUAL | ||
MATERIAL | ||
Art. 42A.513. COMMUNITY SUPERVISION FOR MAKING FIREARM | ||
ACCESSIBLE TO CHILD | ||
SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION | ||
Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION; | ||
EXECUTION OF SENTENCE | ||
Art. 42A.552. REVIEW OF PRESENTENCE REPORT | ||
Art. 42A.553. MINIMUM AND MAXIMUM PERIODS OF COMMUNITY | ||
SUPERVISION; EXTENSION | ||
Art. 42A.554. CONDITIONS OF COMMUNITY SUPERVISION | ||
Art. 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY | ||
SUPERVISION | ||
Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF | ||
COMMUNITY SUPERVISION | ||
Art. 42A.557. REPORT BY DIRECTOR OF FACILITY | ||
Art. 42A.558. REVOCATION; OPTIONS REGARDING EXECUTION | ||
OF SENTENCE | ||
Art. 42A.559. CREDITS FOR TIME SERVED | ||
Art. 42A.560. MEDICAL RELEASE | ||
Art. 42A.561. MEDICAL RELEASE | ||
SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES | ||
Art. 42A.601. DEFINITION | ||
Art. 42A.602. MAXIMUM TERM OR TERMS OF CONFINEMENT | ||
Art. 42A.603. EFFECT OF REVOCATION ON CREDIT FOR TIME | ||
SPENT IN FACILITY | ||
Art. 42A.604. EVALUATION OF DEFENDANT'S BEHAVIOR AND | ||
ATTITUDE | ||
Art. 42A.605. PLACEMENT IN COMMUNITY SERVICE PROJECT | ||
Art. 42A.606. CONFINEMENT REQUIRED; EXCEPTIONS | ||
Art. 42A.607. DISPOSITION OF SALARY | ||
SUBCHAPTER N. PAYMENTS; FEES | ||
Art. 42A.651. PAYMENT AS CONDITION OF COMMUNITY | ||
SUPERVISION | ||
Art. 42A.652. MONTHLY FEE | ||
Art. 42A.653. ADDITIONAL MONTHLY FEE FOR CERTAIN SEX | ||
OFFENDERS | ||
Art. 42A.654. FEES DUE ON CONVICTION | ||
Art. 42A.655. ABILITY TO PAY | ||
SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION | ||
PERIOD | ||
Art. 42A.701. REDUCTION OR TERMINATION OF COMMUNITY | ||
SUPERVISION PERIOD | ||
Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN | ||
CONDITIONS OF COMMUNITY SUPERVISION | ||
SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS | ||
Art. 42A.751. VIOLATION OF CONDITIONS OF COMMUNITY | ||
SUPERVISION; DETENTION AND HEARING | ||
Art. 42A.752. CONTINUATION OR MODIFICATION OF | ||
COMMUNITY SUPERVISION AFTER VIOLATION | ||
Art. 42A.753. EXTENSION OF COMMUNITY SUPERVISION AFTER | ||
VIOLATION | ||
Art. 42A.754. AUTHORITY TO REVOKE COMMUNITY | ||
SUPERVISION | ||
Art. 42A.755. REVOCATION OF COMMUNITY SUPERVISION | ||
Art. 42A.756. DUE DILIGENCE DEFENSE | ||
Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR | ||
CERTAIN SEX OFFENDERS | ||
CHAPTER 42A. COMMUNITY SUPERVISION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 42A.001. DEFINITIONS. In this chapter: | ||
(1) "Community supervision" means the placement of a | ||
defendant by a court under a continuum of programs and sanctions, | ||
with conditions imposed by the court for a specified period during | ||
which: | ||
(A) criminal proceedings are deferred without an | ||
adjudication of guilt; or | ||
(B) a sentence of imprisonment or confinement, | ||
imprisonment and fine, or confinement and fine, is probated and the | ||
imposition of sentence is suspended in whole or in part. | ||
(2) "Court" means a court of record having original | ||
criminal jurisdiction. | ||
(3) "Electronic monitoring" includes voice tracking | ||
systems, position tracking systems, position location systems, | ||
biometric tracking systems, and any other electronic or | ||
telecommunications system that may be used to assist in the | ||
supervision of defendants under this chapter. | ||
(4) "Supervision officer" means a person appointed or | ||
employed under Section 76.004, Government Code, to supervise | ||
defendants placed on community supervision. (Code Crim. Proc., | ||
Art. 42.12, Sec. 2.) | ||
SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION | ||
Art. 42A.051. AUTHORITY TO GRANT COMMUNITY SUPERVISION, | ||
IMPOSE OR MODIFY CONDITIONS, OR DISCHARGE DEFENDANT. (a) Unless | ||
the judge has transferred jurisdiction of the case to another court | ||
under Article 42A.151, only the court in which the defendant was | ||
tried may: | ||
(1) grant community supervision; | ||
(2) impose conditions; or | ||
(3) discharge the defendant. | ||
(b) The judge of the court having jurisdiction of the case | ||
may, at any time during the period of community supervision, modify | ||
the conditions of community supervision. Except as provided by | ||
Article 42A.052(a), only the judge may modify the conditions. | ||
(Code Crim. Proc., Art. 42.12, Secs. 10(a) (part), 11(a) (part).) | ||
Art. 42A.052. MODIFICATION OF CONDITIONS BY SUPERVISION | ||
OFFICER OR MAGISTRATE. (a) A judge who places a defendant on | ||
community supervision may authorize the supervision officer | ||
supervising the defendant or a magistrate appointed by the district | ||
courts in the county that give preference to criminal cases to | ||
modify the conditions of community supervision for the limited | ||
purpose of transferring the defendant to different programs within | ||
the community supervision continuum of programs and sanctions. | ||
(b) A supervision officer or magistrate who modifies the | ||
conditions of community supervision shall: | ||
(1) deliver a copy of the modified conditions to the | ||
defendant; | ||
(2) file a copy of the modified conditions with the | ||
sentencing court; and | ||
(3) note the date of delivery of the copy in the | ||
defendant's file. | ||
(c) If the defendant agrees to the modification in writing, | ||
the officer or magistrate shall file a copy of the modified | ||
conditions with the district clerk and the conditions shall be | ||
enforced as modified. If the defendant does not agree to the | ||
modification in writing, the supervision officer or magistrate | ||
shall refer the case to the judge for modification in the manner | ||
provided by Article 42A.752. (Code Crim. Proc., Art. 42.12, Secs. | ||
10(d), (e).) | ||
Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION. (a) A | ||
judge, in the best interest of justice, the public, and the | ||
defendant, after conviction or a plea of guilty or nolo contendere, | ||
may: | ||
(1) suspend the imposition of the sentence and place | ||
the defendant on community supervision; or | ||
(2) impose a fine applicable to the offense and place | ||
the defendant on community supervision. | ||
(b) A judge may not deny community supervision to a | ||
defendant based solely on the defendant's inability to speak, read, | ||
write, hear, or understand English. | ||
(c) A defendant is not eligible for community supervision | ||
under this article if the defendant is sentenced to serve: | ||
(1) a term of imprisonment that exceeds 10 years; or | ||
(2) a term of confinement under Section 12.35, Penal | ||
Code. | ||
(d) In a felony case: | ||
(1) the minimum period of community supervision is the | ||
same as the minimum term of imprisonment applicable to the offense; | ||
and | ||
(2) the maximum period of community supervision is: | ||
(A) 10 years, for a felony other than a third | ||
degree felony described by Paragraph (B); and | ||
(B) five years, for any of the following third | ||
degree felonies: | ||
(i) a third degree felony under Title 7, | ||
Penal Code; and | ||
(ii) a third degree felony under Chapter | ||
481, Health and Safety Code. | ||
(e) Notwithstanding Subsection (d), the minimum period of | ||
community supervision under this article for a felony described by | ||
Article 42A.453(b) is five years. | ||
(f) The maximum period of community supervision in a | ||
misdemeanor case is two years. | ||
(g) Notwithstanding Subsection (d)(2) or (f), a judge may | ||
extend the maximum period of community supervision in the manner | ||
provided by Article 42A.753 or 42A.757. (Code Crim. Proc., Art. | ||
42.12, Secs. 3(a), (b), (c), (d), (e), (f), (g).) | ||
Art. 42A.054. LIMITATION ON JUDGE-ORDERED COMMUNITY | ||
SUPERVISION. (a) Article 42A.053 does not apply to a defendant | ||
adjudged guilty of an offense under: | ||
(1) Section 15.03, Penal Code, if the offense is | ||
punishable as a felony of the first degree; | ||
(2) Section 19.02, Penal Code (Murder); | ||
(3) Section 19.03, Penal Code (Capital Murder); | ||
(4) Section 20.04, Penal Code (Aggravated | ||
Kidnapping); | ||
(5) Section 20A.02, Penal Code (Trafficking of | ||
Persons); | ||
(6) Section 21.11(a)(1), Penal Code (Indecency with a | ||
Child); | ||
(7) Section 22.011, Penal Code (Sexual Assault); | ||
(8) Section 22.021, Penal Code (Aggravated Sexual | ||
Assault); | ||
(9) Section 22.04(a)(1), Penal Code (Injury to a | ||
Child, Elderly Individual, or Disabled Individual), if: | ||
(A) the offense is punishable as a felony of the | ||
first degree; and | ||
(B) the victim of the offense is a child; | ||
(10) Section 29.03, Penal Code (Aggravated Robbery); | ||
(11) Section 30.02, Penal Code (Burglary), if: | ||
(A) the offense is punishable under Subsection | ||
(d) of that section; and | ||
(B) the actor committed the offense with the | ||
intent to commit a felony under Section 21.02, 21.11, 22.011, | ||
22.021, or 25.02, Penal Code; | ||
(12) Section 43.05, Penal Code (Compelling | ||
Prostitution); | ||
(13) Section 43.25, Penal Code (Sexual Performance by | ||
a Child); or | ||
(14) Chapter 481, Health and Safety Code, for which | ||
punishment is increased under: | ||
(A) Section 481.140 of that code (Use of Child in | ||
Commission of Offense); or | ||
(B) Section 481.134(c), (d), (e), or (f) of that | ||
code (Drug-free Zones) if it is shown that the defendant has been | ||
previously convicted of an offense for which punishment was | ||
increased under any of those subsections. | ||
(b) Article 42A.053 does not apply to a defendant when it is | ||
shown that: | ||
(1) a deadly weapon as defined by Section 1.07, Penal | ||
Code, was used or exhibited during the: | ||
(A) commission of a felony offense; or | ||
(B) immediate flight from the commission of a | ||
felony offense; and | ||
(2) the defendant: | ||
(A) used or exhibited the deadly weapon; or | ||
(B) was a party to the offense and knew that a | ||
deadly weapon would be used or exhibited. | ||
(c) On an affirmative finding regarding the use or | ||
exhibition of a deadly weapon as described by Subsection (b), the | ||
trial court shall enter the finding in the judgment of the court. | ||
(d) On an affirmative finding that the deadly weapon under | ||
Subsection (c) was a firearm, the court shall enter that finding in | ||
its judgment. (Code Crim. Proc., Art. 42.12, Sec. 3g(a).) | ||
Art. 42A.055. JURY-RECOMMENDED COMMUNITY SUPERVISION. (a) | ||
A jury that imposes confinement as punishment for an offense may | ||
recommend to the judge that the judge suspend the imposition of the | ||
sentence and place the defendant on community supervision. A judge | ||
shall suspend the imposition of the sentence and place the | ||
defendant on community supervision if the jury makes that | ||
recommendation in the verdict. | ||
(b) A defendant is eligible for community supervision under | ||
this article only if: | ||
(1) before the trial begins, the defendant files a | ||
written sworn motion with the judge that the defendant has not | ||
previously been convicted of a felony in this or any other state; | ||
and | ||
(2) the jury enters in the verdict a finding that the | ||
information contained in the defendant's motion is true. | ||
(c) If the jury recommends to the judge that the judge place | ||
the defendant on community supervision, the judge shall place the | ||
defendant on community supervision for any period permitted under | ||
Articles 42A.053(d) and (f), as appropriate. | ||
(d) A judge may extend the maximum period of community | ||
supervision in the manner provided by Article 42A.753 or 42A.757. | ||
(Code Crim. Proc., Art. 42.12, Secs. 4(a), (b), (c), (d) (part), | ||
(e).) | ||
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY | ||
SUPERVISION. A defendant is not eligible for community supervision | ||
under Article 42A.055 if the defendant: | ||
(1) is sentenced to a term of imprisonment that | ||
exceeds 10 years; | ||
(2) is convicted of a state jail felony for which | ||
suspension of the imposition of the sentence occurs automatically | ||
under Article 42A.551; | ||
(3) is adjudged guilty of an offense under Section | ||
19.02, Penal Code; | ||
(4) is convicted of an offense under Section | ||
21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the | ||
offense was younger than 14 years of age at the time the offense was | ||
committed; | ||
(5) is convicted of an offense under Section 20.04, | ||
Penal Code, if: | ||
(A) the victim of the offense was younger than 14 | ||
years of age at the time the offense was committed; and | ||
(B) the actor committed the offense with the | ||
intent to violate or abuse the victim sexually; | ||
(6) is convicted of an offense under Section 20A.02, | ||
43.05, or 43.25, Penal Code; or | ||
(7) is convicted of an offense for which punishment is | ||
increased under Section 481.134(c), (d), (e), or (f), Health and | ||
Safety Code, if it is shown that the defendant has been previously | ||
convicted of an offense for which punishment was increased under | ||
any of those subsections. (Code Crim. Proc., Art. 42.12, Sec. 4(d) | ||
(part).) | ||
Art. 42A.057. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR | ||
CERTAIN BURGLARIES OF VEHICLES. The minimum period of community | ||
supervision for an offense under Section 30.04, Penal Code, | ||
punishable as a Class A misdemeanor with a minimum term of | ||
confinement of six months is one year. (Code Crim. Proc., Art. | ||
42.12, Secs. 3(h), 4(f).) | ||
SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION | ||
Art. 42A.101. PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY | ||
SUPERVISION. (a) Except as provided by Article 42A.102(b), if in | ||
the judge's opinion the best interest of society and the defendant | ||
will be served, the judge may, after receiving a plea of guilty or | ||
nolo contendere, hearing the evidence, and finding that it | ||
substantiates the defendant's guilt, defer further proceedings | ||
without entering an adjudication of guilt and place the defendant | ||
on deferred adjudication community supervision. | ||
(b) After placing the defendant on deferred adjudication | ||
community supervision under Subsection (a), the judge shall inform | ||
the defendant orally or in writing of the possible consequences | ||
under Articles 42A.108 and 42A.110 of a violation of a condition of | ||
deferred adjudication community supervision. If the information is | ||
provided orally, the judge must record and maintain the judge's | ||
statement to the defendant. The failure of a judge to inform a | ||
defendant of possible consequences under Articles 42A.108 and | ||
42A.110 is not a ground for reversal unless the defendant shows that | ||
the defendant was harmed by the failure of the judge to provide the | ||
information. (Code Crim. Proc., Art. 42.12, Sec. 5(a) (part).) | ||
Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION | ||
COMMUNITY SUPERVISION. (a) A judge may place on deferred | ||
adjudication community supervision a defendant charged with an | ||
offense under Section 21.11, 22.011, or 22.021, Penal Code, | ||
regardless of the age of the victim, or a defendant charged with a | ||
felony described by Article 42A.453(b) only if the judge makes a | ||
finding in open court that placing the defendant on deferred | ||
adjudication community supervision is in the best interest of the | ||
victim. The failure of the judge to make a finding under this | ||
subsection is not grounds for the defendant to set aside the plea, | ||
deferred adjudication, or any subsequent conviction or sentence. | ||
(b) In all other cases, the judge may grant deferred | ||
adjudication community supervision unless: | ||
(1) the defendant is charged with an offense: | ||
(A) under Sections 49.04-49.08, Penal Code; or | ||
(B) for which punishment may be increased under | ||
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it | ||
is shown that the defendant has been previously convicted of an | ||
offense for which punishment was increased under any one of those | ||
subsections; | ||
(2) the defendant: | ||
(A) is charged with an offense under Section | ||
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the | ||
victim, or a felony described by Article 42A.453(b); and | ||
(B) has previously been placed on community | ||
supervision for an offense under Paragraph (A); | ||
(3) the defendant is charged with an offense under: | ||
(A) Section 21.02, Penal Code; or | ||
(B) Section 22.021, Penal Code, that is | ||
punishable under Subsection (f) of that section or under Section | ||
12.42(c)(3) or (4), Penal Code; or | ||
(4) the defendant is charged with an offense under | ||
Section 19.02, Penal Code, except that the judge may grant deferred | ||
adjudication community supervision on determining that the | ||
defendant did not cause the death of the deceased, did not intend to | ||
kill the deceased or another, and did not anticipate that a human | ||
life would be taken. (Code Crim. Proc., Art. 42.12, Secs. 5(a) | ||
(part), (d).) | ||
Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION COMMUNITY | ||
SUPERVISION. (a) In a felony case, the period of deferred | ||
adjudication community supervision may not exceed 10 years. For a | ||
defendant charged with a felony under Section 21.11, 22.011, or | ||
22.021, Penal Code, regardless of the age of the victim, and for a | ||
defendant charged with a felony described by Article 42A.453(b), | ||
the period of deferred adjudication community supervision may not | ||
be less than five years. | ||
(b) In a misdemeanor case, the period of deferred | ||
adjudication community supervision may not exceed two years. | ||
(c) A judge may extend the maximum period of deferred | ||
adjudication community supervision in the manner provided by | ||
Article 42A.753 or 42A.757. (Code Crim. Proc., Art. 42.12, Sec. | ||
5(a) (part).) | ||
Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION | ||
COMMUNITY SUPERVISION; IMPOSITION OF FINE. (a) The judge may impose | ||
a fine applicable to the offense and require any reasonable | ||
condition of deferred adjudication community supervision that a | ||
judge could impose on a defendant placed on community supervision | ||
for a conviction that was probated and suspended, including: | ||
(1) confinement; and | ||
(2) mental health treatment under Article 42A.506. | ||
(b) The provisions of Subchapter L specifying whether a | ||
defendant convicted of a state jail felony is to be confined in a | ||
county jail or state jail felony facility and establishing the | ||
minimum and maximum terms of confinement as a condition of | ||
community supervision apply in the same manner to a defendant | ||
placed on deferred adjudication community supervision after | ||
pleading guilty or nolo contendere to a state jail felony. (Code | ||
Crim. Proc., Art. 42.12, Sec. 5(a) (part).) | ||
Art. 42A.105. AFFIRMATIVE FINDINGS. (a) If a judge places | ||
on deferred adjudication community supervision a defendant charged | ||
with a sexually violent offense, as defined by Article 62.001, the | ||
judge shall make an affirmative finding of fact and file a statement | ||
of that affirmative finding with the papers in the case if the judge | ||
determines that the victim or intended victim was younger than 14 | ||
years of age at the time of the offense. | ||
(b) If a judge places on deferred adjudication community | ||
supervision a defendant charged with an offense under Section | ||
20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or | ||
solicitation to commit one of those offenses, the judge shall make | ||
an affirmative finding of fact and file a statement of that | ||
affirmative finding with the papers in the case if the judge | ||
determines that the victim or intended victim was younger than 17 | ||
years of age at the time of the offense. | ||
(c) If a judge places on deferred adjudication community | ||
supervision a defendant charged with an offense under Section 21.11 | ||
or 22.011, Penal Code, the judge shall make an affirmative finding | ||
of fact and file a statement of that affirmative finding with the | ||
papers in the case if the judge determines that: | ||
(1) at the time of the offense, the defendant was not | ||
more than four years older than the victim or intended victim and | ||
the victim or intended victim was at least 15 years of age; and | ||
(2) the charge to which the plea is entered under this | ||
subchapter is based solely on the ages of the defendant and the | ||
victim or intended victim at the time of the offense. | ||
(d) If a judge places a defendant on deferred adjudication | ||
community supervision, on the motion of the attorney representing | ||
the state the judge shall make an affirmative finding of fact and | ||
file a statement of that affirmative finding with the papers in the | ||
case if the judge determines that, regardless of whether the | ||
conduct at issue is the subject of the prosecution or part of the | ||
same criminal episode as the conduct that is the subject of the | ||
prosecution, a victim in the trial: | ||
(1) is or has been a victim of a severe form of | ||
trafficking in persons, as defined by 22 U.S.C. Section 7102(9); or | ||
(2) has suffered substantial physical or mental abuse | ||
as a result of having been a victim of criminal activity described | ||
by 8 U.S.C. Section 1101(a)(15)(U)(iii). | ||
(e) The part of the papers in the case containing an | ||
affirmative finding under Subsection (d): | ||
(1) must include specific information identifying the | ||
victim, as available; | ||
(2) may not include information identifying the | ||
victim's location; and | ||
(3) is confidential, unless written consent for the | ||
release of the affirmative finding is obtained from the victim or, | ||
if the victim is younger than 18 years of age, the victim's parent | ||
or guardian. (Code Crim. Proc., Art. 42.12, Secs. 5(e), (g), (i), | ||
(j).) | ||
Art. 42A.106. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION | ||
FOR ORDER OF NONDISCLOSURE. (a) Except as provided by Section | ||
552.142, Government Code, a record in the custody of the court clerk | ||
regarding a case in which a defendant is granted deferred | ||
adjudication community supervision is not confidential. | ||
(b) Before placing a defendant on deferred adjudication | ||
community supervision, the court shall inform the defendant of the | ||
defendant's right to petition the court for an order of | ||
nondisclosure under Section 411.081, Government Code, unless the | ||
defendant is ineligible to pursue that right because of: | ||
(1) the nature of the offense for which the defendant | ||
is placed on deferred adjudication community supervision; or | ||
(2) the defendant's criminal history. (Code Crim. | ||
Proc., Art. 42.12, Secs. 5(a-1), (f).) | ||
Art. 42A.107. REQUEST FOR FINAL ADJUDICATION. On written | ||
motion of the defendant requesting final adjudication that is filed | ||
within 30 days after the entry of the defendant's plea and the | ||
deferment of adjudication, the judge shall proceed to final | ||
adjudication as in all other cases. (Code Crim. Proc., Art. 42.12, | ||
Sec. 5(a) (part).) | ||
Art. 42A.108. VIOLATION OF CONDITION OF DEFERRED | ||
ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of a | ||
condition of deferred adjudication community supervision imposed | ||
under Article 42A.104, the defendant may be arrested and detained | ||
as provided in Article 42A.751. | ||
(b) The defendant is entitled to a hearing limited to a | ||
determination by the court of whether the court will proceed with an | ||
adjudication of guilt on the original charge. The court may not | ||
proceed with an adjudication of guilt on the original charge if the | ||
court finds that the only evidence supporting the alleged violation | ||
of a condition of deferred adjudication community supervision is | ||
the uncorroborated results of a polygraph examination. The | ||
determination to proceed with an adjudication of guilt on the | ||
original charge is reviewable in the same manner as a revocation | ||
hearing conducted under Article 42A.751(d) in a case in which the | ||
adjudication of guilt was not deferred. | ||
(c) A court retains jurisdiction to hold a hearing under | ||
Subsection (b) and to proceed with an adjudication of guilt, | ||
regardless of whether the period of deferred adjudication community | ||
supervision imposed on the defendant has expired, if before the | ||
expiration of the supervision period: | ||
(1) the attorney representing the state files a motion | ||
to proceed with the adjudication; and | ||
(2) a capias is issued for the arrest of the defendant. | ||
(Code Crim. Proc., Art. 42.12, Secs. 5(b) (part), (h).) | ||
Art. 42A.109. DUE DILIGENCE DEFENSE. For the purposes of a | ||
hearing under Article 42A.108, it is an affirmative defense to | ||
revocation for an alleged violation based on a failure to report to | ||
a supervision officer as directed or to remain within a specified | ||
place that no supervision officer, peace officer, or other officer | ||
with the power of arrest under a warrant issued by a judge for that | ||
alleged violation contacted or attempted to contact the defendant | ||
in person at the defendant's last known residence address or last | ||
known employment address, as reflected in the files of the | ||
department serving the county in which the order of deferred | ||
adjudication community supervision was entered. (Code Crim. Proc., | ||
Art. 42.12, Sec. 24 (part).) | ||
Art. 42A.110. PROCEEDINGS AFTER ADJUDICATION. (a) After | ||
an adjudication of guilt, all proceedings, including assessment of | ||
punishment, pronouncement of sentence, granting of community | ||
supervision, and defendant's appeal, continue as if the | ||
adjudication of guilt had not been deferred. | ||
(b) A court assessing punishment after an adjudication of | ||
guilt of a defendant charged with a state jail felony may suspend | ||
the imposition of the sentence and place the defendant on community | ||
supervision or may order the sentence to be executed, regardless of | ||
whether the defendant has previously been convicted of a felony. | ||
(Code Crim. Proc., Art. 42.12, Sec. 5(b) (part).) | ||
Art. 42A.111. DISMISSAL AND DISCHARGE. (a) On expiration of | ||
a period of deferred adjudication community supervision imposed | ||
under this subchapter, if the judge has not proceeded to an | ||
adjudication of guilt, the judge shall dismiss the proceedings | ||
against the defendant and discharge the defendant. | ||
(b) The judge may dismiss the proceedings and discharge a | ||
defendant before the expiration of the period of deferred | ||
adjudication community supervision if, in the judge's opinion, the | ||
best interest of society and the defendant will be served, except | ||
that the judge may not dismiss the proceedings and discharge a | ||
defendant charged with an offense requiring the defendant to | ||
register as a sex offender under Chapter 62. | ||
(c) Except as provided by Section 12.42(g), Penal Code, a | ||
dismissal and discharge under this article may not be considered a | ||
conviction for the purposes of disqualifications or disabilities | ||
imposed by law for conviction of an offense. | ||
(d) For any defendant who receives a dismissal and discharge | ||
under this article: | ||
(1) on conviction of a subsequent offense, the fact | ||
that the defendant previously has received deferred adjudication | ||
community supervision is admissible before the court or jury for | ||
consideration on the issue of penalty; | ||
(2) if the defendant is an applicant for or the holder | ||
of a license under Chapter 42, Human Resources Code, the Department | ||
of Family and Protective Services may consider the fact that the | ||
defendant previously has received deferred adjudication community | ||
supervision in issuing, renewing, denying, or revoking a license | ||
under that chapter; and | ||
(3) if the defendant is an applicant for or the holder | ||
of a license to provide mental health or medical services for the | ||
rehabilitation of sex offenders, the Council on Sex Offender | ||
Treatment may consider the fact that the defendant previously has | ||
received deferred adjudication community supervision in issuing, | ||
renewing, denying, or revoking a license issued by that council. | ||
(e) A judge who dismisses the proceedings against a | ||
defendant and discharges the defendant under this article shall: | ||
(1) provide the defendant with a copy of the order of | ||
dismissal and discharge; and | ||
(2) if applicable, inform the defendant of the | ||
defendant's eligibility to petition the court for an order of | ||
nondisclosure under Section 411.081, Government Code, and the | ||
earliest date the defendant is eligible to file the petition for the | ||
order of nondisclosure. (Code Crim. Proc., Art. 42.12, Secs. 5(c), | ||
(c-1).) | ||
SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION | ||
Art. 42A.151. TRANSFER OF JURISDICTION. (a) After a | ||
defendant has been placed on community supervision, jurisdiction of | ||
the case may be transferred to a court of the same rank in this state | ||
that: | ||
(1) has geographical jurisdiction where the | ||
defendant: | ||
(A) resides; or | ||
(B) violates a condition of community | ||
supervision; and | ||
(2) consents to the transfer. | ||
(b) On transfer, the clerk of the court of original | ||
jurisdiction shall forward to the court accepting jurisdiction a | ||
transcript of any portion of the record as the transferring judge | ||
shall direct. The court accepting jurisdiction subsequently shall | ||
proceed as if the defendant's trial and conviction had occurred in | ||
that court. (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part), | ||
(b).) | ||
Art. 42A.152. ISSUANCE OF WARRANT BY COURT HAVING | ||
GEOGRAPHICAL JURISDICTION. (a) A judge of a court having | ||
geographical jurisdiction where a defendant resides or where the | ||
defendant violates a condition of community supervision may issue a | ||
warrant for the defendant's arrest. | ||
(b) Notwithstanding Subsection (a), the determination of | ||
the action to be taken after the defendant's arrest may be made only | ||
by the judge of the court having jurisdiction of the case at the | ||
time the action is taken. (Code Crim. Proc., Art. 42.12, Sec. | ||
10(c).) | ||
Art. 42A.153. CHANGE OF RESIDENCE WITHIN THE STATE. (a) | ||
If, for good and sufficient reasons, a defendant desires to change | ||
the defendant's residence within the state, the change may be | ||
effected by application to the supervising supervision officer. | ||
(b) The change of residence is subject to: | ||
(1) the judge's consent; and | ||
(2) any regulations the judge may require in the | ||
absence of a supervision officer in the locality to which the | ||
defendant is transferred. (Code Crim. Proc., Art. 42.12, Sec. | ||
17(a).) | ||
Art. 42A.154. LEAVING THE STATE. A defendant who leaves the | ||
state without permission of the judge having jurisdiction of the | ||
case is: | ||
(1) considered a fugitive from justice; and | ||
(2) subject to extradition as provided by law. (Code | ||
Crim. Proc., Art. 42.12, Sec. 17(b).) | ||
SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING | ||
JURISDICTION | ||
Art. 42A.201. CONTINUING JURISDICTION IN MISDEMEANOR | ||
CASES. (a) For the purposes of this article, the jurisdiction of | ||
the courts in this state in which a sentence requiring confinement | ||
in a jail is imposed for conviction of a misdemeanor continues for | ||
180 days from the date the execution of the sentence actually | ||
begins. | ||
(b) The judge of a court that imposed a sentence requiring | ||
confinement in a jail for conviction of a misdemeanor may, on the | ||
judge's own motion, on the motion of the attorney representing the | ||
state, or on the written motion of the defendant, suspend further | ||
execution of the sentence and place the defendant on community | ||
supervision under the terms and conditions of this chapter if, in | ||
the opinion of the judge, the defendant would not benefit from | ||
further confinement. | ||
(c) When the defendant files a written motion with the court | ||
requesting suspension of further execution of the sentence and | ||
placement on community supervision or when requested to do so by the | ||
judge, the clerk of the court shall request a copy of the | ||
defendant's record while confined from the agency operating the | ||
jail in which the defendant is confined. On receipt of the request, | ||
the agency shall forward a copy of the record to the court as soon as | ||
possible. | ||
(d) The judge may deny the motion without holding a hearing | ||
but may not grant a motion without holding a hearing and allowing | ||
the attorney representing the state and the defendant to present | ||
evidence in the case. (Code Crim. Proc., Art. 42.12, Sec. 7.) | ||
Art. 42A.202. CONTINUING JURISDICTION IN FELONY CASES. (a) | ||
For the purposes of this article, the jurisdiction of a court | ||
imposing a sentence requiring imprisonment in the Texas Department | ||
of Criminal Justice for an offense other than a state jail felony | ||
continues for 180 days from the date the execution of the sentence | ||
actually begins. | ||
(b) Before the expiration of the 180-day period described by | ||
Subsection (a), the judge of the court that imposed the sentence | ||
described by that subsection may, on the judge's own motion, on the | ||
motion of the attorney representing the state, or on the written | ||
motion of the defendant, suspend further execution of the sentence | ||
and place the defendant on community supervision under the terms | ||
and conditions of this chapter if: | ||
(1) in the opinion of the judge, the defendant would | ||
not benefit from further imprisonment; | ||
(2) the defendant is otherwise eligible for community | ||
supervision under this chapter; and | ||
(3) the defendant had never before been incarcerated | ||
in a penitentiary serving a sentence for a felony. | ||
(c) When the defendant files a written motion requesting the | ||
judge to suspend further execution of the sentence and place the | ||
defendant on community supervision, the defendant shall | ||
immediately deliver or cause to be delivered a copy of the motion to | ||
the office of the attorney representing the state. | ||
(d) When the defendant or the attorney representing the | ||
state files a written motion requesting the judge to suspend | ||
further execution of the sentence and place the defendant on | ||
community supervision, and when requested to do so by the judge, the | ||
clerk of the court shall request a copy of the defendant's record | ||
while imprisoned from the Texas Department of Criminal Justice or, | ||
if the defendant is confined in county jail, from the sheriff. On | ||
receipt of the request, the Texas Department of Criminal Justice or | ||
the sheriff shall forward a copy of the record to the judge as soon | ||
as possible. | ||
(e) The judge may deny the motion without holding a hearing | ||
but may not grant the motion without holding a hearing and providing | ||
the attorney representing the state and the defendant the | ||
opportunity to present evidence on the motion. (Code Crim. Proc., | ||
Art. 42.12, Sec. 6.) | ||
Art. 42A.203. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN | ||
FELONY CASES. (a) Except as otherwise provided by Subsection (b), | ||
only the judge who originally sentenced the defendant may suspend | ||
execution of the sentence and place the defendant on community | ||
supervision under Article 42A.202. | ||
(b) If the judge who originally sentenced the defendant is | ||
deceased or disabled or the office is vacant, and if a motion is | ||
filed in accordance with Article 42A.202, the clerk of the court | ||
shall promptly forward a copy of the motion to the presiding judge | ||
of the administrative judicial district for that court. The | ||
presiding judge may deny the motion without holding a hearing or may | ||
appoint a judge to hold a hearing on the motion. (Code Crim. Proc., | ||
Art. 42.12, Sec. 10(a) (part).) | ||
Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM USED | ||
OR EXHIBITED. (a) If in the trial of a felony of the second degree | ||
or higher there is an affirmative finding described by Article | ||
42A.054(d) and the jury recommends that the court place the | ||
defendant on community supervision, the court may order the | ||
defendant imprisoned in the Texas Department of Criminal Justice | ||
for not less than 60 and not more than 120 days. | ||
(b) At any time after the defendant has served 60 days in the | ||
custody of the Texas Department of Criminal Justice, the sentencing | ||
judge, on the judge's own motion or on motion of the defendant, may | ||
order the defendant released to community supervision. | ||
(c) The department shall release the defendant to community | ||
supervision after the defendant has served 120 days. (Code Crim. | ||
Proc., Art. 42.12, Secs. 3g(b), 4(b) (part).) | ||
SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS | ||
Art. 42A.251. DEFINITIONS. In this subchapter: | ||
(1) "Council" means the Council on Sex Offender | ||
Treatment. | ||
(2) "Sex offender" means a person who has been | ||
convicted of, or has entered a plea of guilty or nolo contendere | ||
for, an offense under any one of the following provisions of the | ||
Penal Code: | ||
(A) Section 20.04(a)(4) (Aggravated Kidnapping), | ||
if the person committed the offense with the intent to violate or | ||
abuse the victim sexually; | ||
(B) Section 21.08 (Indecent Exposure); | ||
(C) Section 21.11 (Indecency with a Child); | ||
(D) Section 22.011 (Sexual Assault); | ||
(E) Section 22.021 (Aggravated Sexual Assault); | ||
(F) Section 25.02 (Prohibited Sexual Conduct); | ||
(G) Section 30.02 (Burglary), if: | ||
(i) the offense is punishable under | ||
Subsection (d) of that section; and | ||
(ii) the person committed the offense with | ||
the intent to commit a felony listed in this subdivision; | ||
(H) Section 43.25 (Sexual Performance by a | ||
Child); or | ||
(I) Section 43.26 (Possession or Promotion of | ||
Child Pornography). (Code Crim. Proc., Art. 42.12, Sec. 9A(a).) | ||
Art. 42A.252. PRESENTENCE REPORT REQUIRED. (a) Except as | ||
provided by Subsections (b) and (c), before the imposition of the | ||
sentence by a judge, the judge shall direct a supervision officer to | ||
prepare a presentence report for the judge. | ||
(b) The judge is not required to direct a supervision | ||
officer to prepare a presentence report in a misdemeanor case if: | ||
(1) the defendant requests that a report not be made | ||
and the judge agrees to the request; or | ||
(2) the judge: | ||
(A) finds that there is sufficient information in | ||
the record to permit the meaningful exercise of sentencing | ||
discretion; and | ||
(B) explains that finding on the record. | ||
(c) The judge is not required to direct a supervision | ||
officer to prepare a presentence report in a felony case if: | ||
(1) punishment is to be assessed by a jury; | ||
(2) the defendant is convicted of or enters a plea of | ||
guilty or nolo contendere to capital murder; | ||
(3) the only available punishment is imprisonment; or | ||
(4) the judge is informed that a plea bargain | ||
agreement exists, under which the defendant agrees to a punishment | ||
of imprisonment, and the judge intends to follow that agreement. | ||
(Code Crim. Proc., Art. 42.12, Secs. 9(a) (part), (b), (g).) | ||
Art. 42A.253. CONTENTS OF PRESENTENCE REPORT. (a) A | ||
presentence report must be in writing and include: | ||
(1) the circumstances of the offense with which the | ||
defendant is charged; | ||
(2) the amount of restitution necessary to adequately | ||
compensate a victim of the offense; | ||
(3) the criminal and social history of the defendant; | ||
(4) a proposed supervision plan describing programs | ||
and sanctions that the community supervision and corrections | ||
department will provide the defendant if the judge suspends the | ||
imposition of the sentence or grants deferred adjudication | ||
community supervision; | ||
(5) if the defendant is charged with a state jail | ||
felony, recommendations for conditions of community supervision | ||
that the community supervision and corrections department | ||
considers advisable or appropriate based on the circumstances of | ||
the offense and other factors addressed in the report; | ||
(6) the results of a psychological evaluation of the | ||
defendant that determines, at a minimum, the defendant's IQ and | ||
adaptive behavior score if the defendant: | ||
(A) is convicted of a felony offense; and | ||
(B) appears to the judge, through the judge's own | ||
observation or on the suggestion of a party, to have a mental | ||
impairment; | ||
(7) information regarding whether the defendant is a | ||
current or former member of the state military forces or whether the | ||
defendant currently serves or has previously served in the armed | ||
forces of the United States in an active-duty status and, if | ||
available, a copy of the defendant's military discharge papers and | ||
military records; | ||
(8) if the defendant has served in the armed forces of | ||
the United States in an active-duty status, a determination as to | ||
whether the defendant was deployed to a combat zone and whether the | ||
defendant may suffer from post-traumatic stress disorder or a | ||
traumatic brain injury; and | ||
(9) any other information relating to the defendant or | ||
the offense as requested by the judge. | ||
(b) A presentence report is not required to contain a | ||
sentencing recommendation. (Code Crim. Proc., Art. 42.12, Secs. | ||
9(a) (part), (i), (l).) | ||
Art. 42A.254. INSPECTION BY JUDGE; DISCLOSURE OF CONTENTS. | ||
The judge may not inspect a presentence report and the contents of | ||
the report may not be disclosed to any person unless: | ||
(1) the defendant pleads guilty or nolo contendere or | ||
is convicted of the offense; or | ||
(2) the defendant, in writing, authorizes the judge to | ||
inspect the report. (Code Crim. Proc., Art. 42.12, Sec. 9(c).) | ||
Art. 42A.255. INSPECTION AND COMMENT BY DEFENDANT; ACCESS | ||
TO INFORMATION BY STATE. (a) Unless waived by the defendant, at | ||
least 48 hours before sentencing a defendant, the judge shall | ||
permit the defendant or the defendant's attorney to read the | ||
presentence report. | ||
(b) The judge shall allow the defendant or the defendant's | ||
attorney to comment on a presentence investigation or a | ||
postsentence report and, with the approval of the judge, introduce | ||
testimony or other information alleging a factual inaccuracy in the | ||
investigation or report. | ||
(c) The judge shall allow the attorney representing the | ||
state access to any information made available to the defendant | ||
under this article. (Code Crim. Proc., Art. 42.12, Secs. 9(d), (e), | ||
(f).) | ||
Art. 42A.256. RELEASE OF INFORMATION TO SUPERVISION | ||
OFFICER; CONFIDENTIALITY OF REPORT. (a) The judge by order may | ||
direct that any information and records that are not privileged and | ||
that are relevant to a presentence or postsentence report be | ||
released to a supervision officer conducting a presentence | ||
investigation under this subchapter or preparing a postsentence | ||
report under Article 42A.259. The judge may also issue a subpoena | ||
to obtain that information. | ||
(b) A presentence or postsentence report and all | ||
information obtained in connection with a presentence | ||
investigation or postsentence report are confidential and may be | ||
released only as: | ||
(1) provided by: | ||
(A) Subsection (c); | ||
(B) Article 42A.255; | ||
(C) Article 42A.257; | ||
(D) Article 42A.259; or | ||
(E) Section 614.017, Health and Safety Code; or | ||
(2) directed by the judge for the effective | ||
supervision of the defendant. | ||
(c) If the defendant is a sex offender, a supervision | ||
officer may release information in a presentence or postsentence | ||
report concerning the social and criminal history of the defendant | ||
to a person who: | ||
(1) is licensed or certified in this state to provide | ||
mental health or medical services, including a: | ||
(A) physician; | ||
(B) psychiatrist; | ||
(C) psychologist; | ||
(D) licensed professional counselor; | ||
(E) licensed marriage and family therapist; or | ||
(F) certified social worker; and | ||
(2) provides mental health or medical services for the | ||
rehabilitation of the defendant. (Code Crim. Proc., Art. 42.12, | ||
Secs. 9(j), 9A(b).) | ||
Art. 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG | ||
REHABILITATION. (a) The judge shall direct a supervision officer | ||
approved by the community supervision and corrections department or | ||
the judge, or a person, program, or other agency approved by the | ||
Department of State Health Services, to conduct an evaluation to | ||
determine the appropriateness of, and a course of conduct necessary | ||
for, alcohol or drug rehabilitation for a defendant and to report | ||
the results of that evaluation to the judge, if: | ||
(1) the judge determines that alcohol or drug abuse | ||
may have contributed to the commission of the offense; or | ||
(2) the case involves a second or subsequent offense | ||
under: | ||
(A) Section 49.04, Penal Code, if the offense was | ||
committed within five years of the date on which the most recent | ||
preceding offense was committed; or | ||
(B) Section 49.07 or 49.08, Penal Code, if the | ||
offense involved the operation of a motor vehicle and was committed | ||
within five years of the date on which the most recent preceding | ||
offense was committed. | ||
(b) The evaluation must be made: | ||
(1) after arrest and before conviction, if requested | ||
by the defendant; | ||
(2) after conviction and before sentencing, if the | ||
judge assesses punishment in the case; | ||
(3) after sentencing and before the entry of a final | ||
judgment, if the jury assesses punishment in the case; or | ||
(4) after community supervision is granted, if the | ||
evaluation is required as a condition of community supervision | ||
under Article 42A.402. (Code Crim. Proc., Art. 42.12, Sec. 9(h).) | ||
Art. 42A.258. EVALUATION FOR PURPOSES OF SEX OFFENDER | ||
TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. (a) If the | ||
defendant is a sex offender, the judge shall direct a supervision | ||
officer approved by the community supervision and corrections | ||
department or the judge, or a person, program, or other agency | ||
approved by the council, to: | ||
(1) evaluate the appropriateness of, and a course of | ||
conduct necessary for, treatment, specialized supervision, or | ||
rehabilitation of the defendant; and | ||
(2) report the results of the evaluation to the judge. | ||
(b) The judge may require the evaluation to use | ||
offense-specific standards of practice adopted by the council and | ||
may require the report to reflect those standards. | ||
(c) The evaluation must be made: | ||
(1) after arrest and before conviction, if requested | ||
by the defendant; or | ||
(2) after conviction and before the entry of a final | ||
judgment. (Code Crim. Proc., Art. 42.12, Sec. 9A(c).) | ||
Art. 42A.259. POSTSENTENCE REPORT. (a) If a presentence | ||
report in a felony case is not required under Article 42A.252(c), | ||
the judge may direct a supervision officer to prepare a | ||
postsentence report containing the same information that would have | ||
been required for the presentence report, other than a proposed | ||
supervision plan and any information that is reflected in the | ||
judgment. | ||
(b) If a postsentence report is ordered, the supervision | ||
officer shall send the report to the clerk of the court not later | ||
than the 30th day after the date on which sentence is pronounced or | ||
deferred adjudication community supervision is granted. The clerk | ||
shall deliver the postsentence report with the papers in the case to | ||
a designated officer of the Texas Department of Criminal Justice, | ||
to the extent required by Section 8(a), Article 42.09. (Code Crim. | ||
Proc., Art. 42.12, Sec. 9(k).) | ||
SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY | ||
Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. The judge of | ||
the court having jurisdiction of the case shall determine the | ||
conditions of community supervision. The judge may impose any | ||
reasonable condition that is designed to protect or restore the | ||
community, protect or restore the victim, or punish, rehabilitate, | ||
or reform the defendant. Conditions of community supervision may | ||
include conditions requiring the defendant to: | ||
(1) commit no offense against the laws of this state or | ||
of any other state or of the United States; | ||
(2) avoid injurious or vicious habits; | ||
(3) avoid persons or places of disreputable or harmful | ||
character, including any person, other than a family member of the | ||
defendant, who is an active member of a criminal street gang; | ||
(4) report to the supervision officer as directed by | ||
the judge or supervision officer and obey all rules and regulations | ||
of the community supervision and corrections department; | ||
(5) permit the supervision officer to visit the | ||
defendant at the defendant's home or elsewhere; | ||
(6) work faithfully at suitable employment to the | ||
extent possible; | ||
(7) remain within a specified place; | ||
(8) pay in one or more amounts: | ||
(A) the defendant's fine, if one is assessed; and | ||
(B) all court costs, regardless of whether a fine | ||
is assessed; | ||
(9) support the defendant's dependents; | ||
(10) participate, for a period specified by the judge, | ||
in any community-based program, including a community service | ||
project under Article 42A.304; | ||
(11) reimburse the county in which the prosecution was | ||
instituted as follows: | ||
(A) if counsel was appointed, an amount for | ||
compensation paid to appointed counsel for defending the defendant | ||
in the case; or | ||
(B) if the defendant was represented by a public | ||
defender's office, an amount that would have been paid to an | ||
appointed attorney had the county not had a public defender's | ||
office; | ||
(12) if under custodial supervision in a community | ||
corrections facility: | ||
(A) remain under that supervision; | ||
(B) obey all rules and regulations of the | ||
facility; and | ||
(C) pay a percentage of the defendant's income | ||
to: | ||
(i) the facility for room and board; and | ||
(ii) the defendant's dependents for their | ||
support during the period of custodial supervision; | ||
(13) submit to testing for alcohol or controlled | ||
substances; | ||
(14) attend counseling sessions for substance abusers | ||
or participate in substance abuse treatment services in a program | ||
or facility approved or licensed by the Department of State Health | ||
Services; | ||
(15) with the consent of the victim of a misdemeanor | ||
offense or of any offense under Title 7, Penal Code, participate in | ||
victim-defendant mediation; | ||
(16) submit to electronic monitoring; | ||
(17) reimburse the compensation to victims of crime | ||
fund for any amounts paid from that fund to or on behalf of a victim, | ||
as defined by Article 56.32, of the offense or if no reimbursement | ||
is required, make one payment to the compensation to victims of | ||
crime fund in an amount not to exceed $50 if the offense is a | ||
misdemeanor or not to exceed $100 if the offense is a felony; | ||
(18) reimburse a law enforcement agency for the | ||
analysis, storage, or disposal of raw materials, controlled | ||
substances, chemical precursors, drug paraphernalia, or other | ||
materials seized in connection with the offense; | ||
(19) pay all or part of the reasonable and necessary | ||
costs incurred by the victim for psychological counseling made | ||
necessary by the offense or for counseling and education relating | ||
to acquired immune deficiency syndrome or human immunodeficiency | ||
virus made necessary by the offense; | ||
(20) make one payment in an amount not to exceed $50 to | ||
a crime stoppers organization, as defined by Section 414.001, | ||
Government Code, and as certified by the Texas Crime Stoppers | ||
Council; | ||
(21) submit a DNA sample to the Department of Public | ||
Safety under Subchapter G, Chapter 411, Government Code, for the | ||
purpose of creating a DNA record of the defendant; | ||
(22) in any manner required by the judge, provide in | ||
the county in which the offense was committed public notice of the | ||
offense for which the defendant was placed on community | ||
supervision; and | ||
(23) reimburse the county in which the prosecution was | ||
instituted for compensation paid to any interpreter in the case. | ||
(Code Crim. Proc., Art. 42.12, Sec. 11(a) (part).) | ||
Art. 42A.302. CONFINEMENT. (a) If a judge having | ||
jurisdiction of a case requires as a condition of community | ||
supervision that the defendant submit to a term of confinement in a | ||
county jail, the term of confinement may not exceed: | ||
(1) 30 days, in a misdemeanor case; or | ||
(2) 180 days, in a felony case. | ||
(b) A judge who requires as a condition of community | ||
supervision that the defendant serve a term of confinement in a | ||
community corrections facility under Subchapter M may not impose a | ||
term of confinement under this article that, if added to the term | ||
imposed under Subchapter M, exceeds 24 months. | ||
(c) A judge may impose a term of confinement as a condition | ||
of community supervision under this article on placing the | ||
defendant on supervision or at any time during the supervision | ||
period. The judge may impose terms of confinement as a condition of | ||
community supervision in increments smaller than the maximum terms | ||
provided by Subsection (a), except that the judge may not impose | ||
terms of confinement that, if added together, exceed the maximum | ||
terms provided by Subsection (a). (Code Crim. Proc., Art. 42.12, | ||
Sec. 12.) | ||
Art. 42A.303. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a | ||
court places a defendant on community supervision under any | ||
provision of this chapter as an alternative to imprisonment, the | ||
judge may require as a condition of community supervision that the | ||
defendant serve a term of confinement and treatment in a substance | ||
abuse felony punishment facility operated by the Texas Department | ||
of Criminal Justice under Section 493.009, Government Code. | ||
(b) A term of confinement and treatment imposed under this | ||
article must be an indeterminate term of not more than one year or | ||
less than 90 days. | ||
(c) The judge may impose the condition of community | ||
supervision described by this article if: | ||
(1) the defendant is charged with or convicted of a | ||
felony other than: | ||
(A) a felony under Section 21.11, 22.011, or | ||
22.021, Penal Code; or | ||
(B) criminal attempt of a felony under Section | ||
21.11, 22.011, or 22.021, Penal Code; and | ||
(2) the judge makes an affirmative finding that: | ||
(A) drug or alcohol abuse significantly | ||
contributed to the commission of the offense or violation of a | ||
condition of community supervision, as applicable; and | ||
(B) the defendant is a suitable candidate for | ||
treatment, as determined by the suitability criteria established by | ||
the Texas Board of Criminal Justice under Section 493.009(b), | ||
Government Code. | ||
(d) If a judge requires as a condition of community | ||
supervision that the defendant serve a term of confinement and | ||
treatment in a substance abuse felony punishment facility under | ||
this article, the judge shall also require as a condition of | ||
community supervision that on release from the facility the | ||
defendant: | ||
(1) participate in a drug or alcohol abuse continuum | ||
of care treatment plan; and | ||
(2) pay a fee in an amount established by the judge for | ||
residential aftercare required as part of the treatment plan. | ||
(e) The Department of State Health Services shall develop | ||
the continuum of care treatment plan described by Subsection | ||
(d)(1). | ||
(f) The clerk of a court that collects a fee imposed under | ||
Subsection (d)(2) shall deposit the fee to be sent to the | ||
comptroller as provided by Subchapter B, Chapter 133, Local | ||
Government Code, and the comptroller shall deposit the fee into the | ||
general revenue fund. If the clerk does not collect a fee imposed | ||
under Subsection (d)(2), the clerk is not required to file any | ||
report required by the comptroller that relates to the collection | ||
of the fee. In establishing the amount of a fee under Subsection | ||
(d)(2), the judge shall consider fines, fees, and other necessary | ||
expenses for which the defendant is obligated. The judge may not: | ||
(1) establish the fee in an amount that is greater than | ||
25 percent of the defendant's gross income while the defendant is a | ||
participant in residential aftercare; or | ||
(2) require the defendant to pay the fee at any time | ||
other than a time at which the defendant is both employed and a | ||
participant in residential aftercare. (Code Crim. Proc., Art. | ||
42.12, Sec. 14, as amended Acts 73rd Leg., R.S., Ch. 900; Acts 74th | ||
Leg., R.S., Chs. 76, 321; Acts 76th Leg., R.S., Ch. 1188; Acts 78th | ||
Leg., R.S., Chs. 209, 1310.) | ||
Art. 42A.304. COMMUNITY SERVICE. (a) A judge may require | ||
as a condition of community supervision that the defendant work a | ||
specified number of hours at one or more community service projects | ||
for one or more organizations approved by the judge and designated | ||
by the department. The judge may not require the defendant to work | ||
at a community service project if, as determined and noted on the | ||
community supervision order by the judge: | ||
(1) the defendant is physically or mentally incapable | ||
of participating in the project; | ||
(2) participating in the project will cause a hardship | ||
to the defendant or to the defendant's dependents; | ||
(3) the defendant is to be confined in a substance | ||
abuse felony punishment facility as a condition of community | ||
supervision; or | ||
(4) there is other good cause shown. | ||
(b) The amount of community service work ordered by the | ||
judge may not exceed: | ||
(1) 1,000 hours for an offense classified as a first | ||
degree felony; | ||
(2) 800 hours for an offense classified as a second | ||
degree felony; | ||
(3) 600 hours for: | ||
(A) an offense classified as a third degree | ||
felony; or | ||
(B) an offense under Section 30.04, Penal Code, | ||
classified as a Class A misdemeanor; | ||
(4) 400 hours for an offense classified as a state jail | ||
felony; | ||
(5) 200 hours for: | ||
(A) an offense classified as a Class A | ||
misdemeanor, other than an offense described by Subdivision (3)(B); | ||
or | ||
(B) a misdemeanor for which the maximum | ||
permissible confinement, if any, exceeds six months or the maximum | ||
permissible fine, if any, exceeds $4,000; and | ||
(6) 100 hours for: | ||
(A) an offense classified as a Class B | ||
misdemeanor; or | ||
(B) a misdemeanor for which the maximum | ||
permissible confinement, if any, does not exceed six months and the | ||
maximum permissible fine, if any, does not exceed $4,000. | ||
(c) A defendant required to perform community service under | ||
this article is not a state employee for the purposes of Chapter 501 | ||
or 504, Labor Code. | ||
(d) If the court makes an affirmative finding under Article | ||
42.014, the judge may order the defendant to perform community | ||
service under this article at a project designated by the judge that | ||
primarily serves the person or group who was the target of the | ||
defendant. If the judge orders community service under this | ||
subsection, the judge shall order the defendant to perform not less | ||
than: | ||
(1) 300 hours of service if the offense is classified | ||
as a felony; or | ||
(2) 100 hours of service if the offense is classified | ||
as a misdemeanor. | ||
(e) A defendant required to perform community service under | ||
this article after conviction of an offense under Section 352.082, | ||
Local Government Code, shall perform 60 hours of service. The | ||
community service must consist of picking up litter in the county in | ||
which the defendant resides or working at a recycling facility if a | ||
program for performing that type of service is available in the | ||
community in which the court is located. | ||
(f) The judge may order a defendant to make a specified | ||
donation to a nonprofit food bank or food pantry in the community in | ||
which the defendant resides instead of requiring the defendant to | ||
work a specified number of hours at one or more community service | ||
projects under Subsection (a). (Code Crim. Proc., Art. 42.12, | ||
Secs. 16(a), (b), (c), (d), (e), (f).) | ||
Art. 42A.305. COMMUNITY OUTREACH. (a) This article | ||
applies only to a defendant placed on community supervision for an | ||
offense involving the possession, manufacture, or delivery of a | ||
controlled substance under Chapter 481, Health and Safety Code. | ||
(b) If a judge orders a defendant to whom this article | ||
applies to perform community service, the judge may authorize the | ||
defendant to perform not more than 30 hours of community outreach | ||
under this article instead of performing hours of community | ||
service. | ||
(c) Community outreach under this article must consist of | ||
working with a secondary school at the direction of the judge to | ||
educate students on the dangers and legal consequences of | ||
possessing, manufacturing, or delivering a controlled substance. | ||
(d) A secondary school is not required to allow a defendant | ||
to perform community outreach at that school. | ||
(e) The judge may not authorize the defendant to perform | ||
hours of community outreach under this article instead of | ||
performing hours of community service if: | ||
(1) the defendant is physically or mentally incapable | ||
of participating in community outreach; or | ||
(2) the defendant is subject to registration as a sex | ||
offender under Chapter 62. (Code Crim. Proc., Art. 42.12, Sec. | ||
16(g).) | ||
Art. 42A.306. SUPERVISION OF DEFENDANT FROM OUT OF STATE. A | ||
judge who receives a defendant for supervision as authorized by | ||
Section 510.017, Government Code, may impose on the defendant any | ||
term of community supervision authorized by this chapter. (Code | ||
Crim. Proc., Art. 42.12, Sec. 19(c) (part).) | ||
Art. 42A.307. ORCHIECTOMY PROHIBITED. A judge may not | ||
require a defendant to undergo an orchiectomy as a condition of | ||
community supervision. (Code Crim. Proc., Art. 42.12, Sec. 11(f).) | ||
SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY | ||
Art. 42A.351. EDUCATIONAL SKILL LEVEL. (a) If the judge or | ||
jury places a defendant on community supervision, the judge shall | ||
require the defendant to demonstrate to the court whether the | ||
defendant has an educational skill level that is equal to or greater | ||
than the average educational skill level of students who have | ||
completed the sixth grade in public schools in this state. | ||
(b) If the judge determines that the defendant has not | ||
attained the educational skill level described by Subsection (a), | ||
the judge shall require as a condition of community supervision | ||
that the defendant attain that level of educational skill, unless | ||
the judge also determines that the defendant lacks the intellectual | ||
capacity or the learning ability to ever achieve that level of | ||
educational skill. (Code Crim. Proc., Art. 42.12, Sec. 11(c).) | ||
Art. 42A.352. DNA SAMPLE. A judge granting community | ||
supervision to a defendant convicted of a felony shall require as a | ||
condition of community supervision that the defendant provide a DNA | ||
sample under Subchapter G, Chapter 411, Government Code, for the | ||
purpose of creating a DNA record of the defendant, unless the | ||
defendant has already submitted the required sample under other | ||
state law. (Code Crim. Proc., Art. 42.12, Sec. 11(j).) | ||
SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION | ||
OFFENSES | ||
Art. 42A.401. CONFINEMENT AS CONDITION OF COMMUNITY | ||
SUPERVISION FOR CERTAIN INTOXICATION OFFENSES. (a) A judge | ||
granting community supervision to a defendant convicted of an | ||
offense under Chapter 49, Penal Code, shall require as a condition | ||
of community supervision that the defendant submit to: | ||
(1) not less than 72 hours of continuous confinement | ||
in county jail if the defendant was punished under Section | ||
49.09(a), Penal Code; | ||
(2) not less than five days of confinement in county | ||
jail if the defendant was punished under Section 49.09(a), Penal | ||
Code, and was subject to Section 49.09(h), Penal Code; | ||
(3) not less than 10 days of confinement in county jail | ||
if the defendant was punished under Section 49.09(b), Penal Code; | ||
(4) not less than 30 days of confinement in county jail | ||
if the defendant was convicted of an offense under Section 49.07, | ||
Penal Code; or | ||
(5) a term of confinement of not less than 120 days if | ||
the defendant was convicted of an offense under Section 49.08, | ||
Penal Code. | ||
(b) If a sentence of confinement is imposed on the | ||
revocation of community supervision, the term of confinement served | ||
under Subsection (a) may not be credited toward completion of the | ||
sentence imposed. (Code Crim. Proc., Art. 42.12, Secs. 13(a) | ||
(part), (b), (e).) | ||
Art. 42A.402. DRUG OR ALCOHOL DEPENDENCE EVALUATION AND | ||
REHABILITATION. (a) A judge granting community supervision to a | ||
defendant convicted of an offense under Chapter 49, Penal Code, | ||
shall require as a condition of community supervision that the | ||
defendant submit to an evaluation by a supervision officer or by a | ||
person, program, or facility approved by the Department of State | ||
Health Services for the purpose of having the facility prescribe | ||
and carry out a course of conduct necessary for the rehabilitation | ||
of the defendant's drug or alcohol dependence condition. | ||
(b) If the director of a facility to which a defendant is | ||
referred under Subsection (a) determines that the defendant is not | ||
making a good faith effort to participate in a program of | ||
rehabilitation, the director shall notify the judge who referred | ||
the defendant to the facility of that determination. | ||
(c) If a judge requires as a condition of community | ||
supervision that the defendant participate in a prescribed course | ||
of conduct necessary for the rehabilitation of the defendant's drug | ||
or alcohol dependence condition, the judge shall require that the | ||
defendant pay for all or part of the cost of the rehabilitation | ||
based on the defendant's ability to pay. The judge, in the judge's | ||
discretion, may credit against the fine assessed the cost paid by | ||
the defendant. In determining a defendant's ability to pay the cost | ||
of rehabilitation under this subsection, the judge shall consider | ||
whether the defendant has insurance coverage that will pay for | ||
rehabilitation. | ||
(d) A judge who grants community supervision to a defendant | ||
convicted of an offense under Sections 49.04-49.08, Penal Code, | ||
shall require, if the defendant has not submitted to an evaluation | ||
under Article 42A.257 before receiving community supervision, that | ||
the defendant submit to the evaluation as a condition of community | ||
supervision. If the evaluation indicates to the judge that the | ||
defendant needs treatment for drug or alcohol dependency, the judge | ||
shall require the defendant to submit to that treatment as a | ||
condition of community supervision in a program or facility that: | ||
(1) is approved or licensed by the Department of State | ||
Health Services; or | ||
(2) complies with standards established by the | ||
community justice assistance division of the Texas Department of | ||
Criminal Justice, after consultation by the division with the | ||
Department of State Health Services. (Code Crim. Proc., Art. | ||
42.12, Secs. 13(a) (part), (c), (d), (f).) | ||
Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION | ||
OFFENDERS; WAIVER OR EXTENSION OF TIME. (a) A judge who places on | ||
community supervision a defendant convicted of an offense under | ||
Sections 49.04-49.08, Penal Code, shall require as a condition of | ||
community supervision that the defendant attend and successfully | ||
complete, before the 181st day after the date community supervision | ||
is granted, an educational program designed to rehabilitate persons | ||
who have driven while intoxicated that is jointly approved by: | ||
(1) the Department of State Health Services; | ||
(2) the Department of Public Safety; | ||
(3) the traffic safety section of the traffic | ||
operations division of the Texas Department of Transportation; and | ||
(4) the community justice assistance division of the | ||
Texas Department of Criminal Justice. | ||
(b) This article does not apply to a defendant if a jury | ||
recommends community supervision for the defendant and also | ||
recommends that the defendant's driver's license not be suspended. | ||
(c) If the defendant by a motion in writing shows good | ||
cause, the judge may: | ||
(1) waive the educational program requirement; or | ||
(2) to enable the defendant to successfully complete | ||
the program, grant an extension of time that expires not later than | ||
the first anniversary of the beginning date of the defendant's | ||
community supervision. | ||
(d) In determining good cause, the judge may consider but is | ||
not limited to: | ||
(1) the defendant's school and work schedule; | ||
(2) the defendant's health; | ||
(3) the distance that the defendant must travel to | ||
attend an educational program; and | ||
(4) the fact that the defendant resides out of state, | ||
does not have a valid driver's license, or does not have access to | ||
transportation. | ||
(e) The judge shall set out the finding of good cause for | ||
waiver in the judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(h) | ||
(part).) | ||
Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT | ||
INTOXICATION OFFENDERS; WAIVER. (a) The judge shall require a | ||
defendant who is punished under Section 49.09, Penal Code, to | ||
attend and successfully complete as a condition of community | ||
supervision an educational program for repeat offenders that is | ||
approved by the Department of State Health Services. | ||
(b) The judge may waive the educational program requirement | ||
only if the defendant by a motion in writing shows good cause. In | ||
determining good cause, the judge may consider: | ||
(1) the defendant's school and work schedule; | ||
(2) the defendant's health; | ||
(3) the distance that the defendant must travel to | ||
attend an educational program; and | ||
(4) whether the defendant resides out of state or does | ||
not have access to transportation. | ||
(c) The judge shall set out the finding of good cause in the | ||
judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(j) (part).) | ||
Art. 42A.405. RULES FOR AND ADMINISTRATION OF EDUCATIONAL | ||
PROGRAMS. (a) The Health and Human Services Commission shall adopt | ||
rules for the educational program under Article 42A.404. | ||
(b) The Department of State Health Services shall: | ||
(1) publish the jointly approved rules for the | ||
educational program under Article 42A.403; and | ||
(2) monitor, coordinate, and provide training to | ||
persons providing the educational programs under this subchapter. | ||
(c) The Department of State Health Services is responsible | ||
for the administration of the certification of approved educational | ||
programs. | ||
(d) The Department of State Health Services may charge a | ||
nonrefundable application fee for the initial certification of | ||
approval or for a renewal of the certification. (Code Crim. Proc., | ||
Art. 42.12, Secs. 13(h) (part), (j) (part).) | ||
Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON | ||
DRIVING RECORD AND LICENSE. (a) If a defendant is required as a | ||
condition of community supervision to attend an educational program | ||
under Article 42A.403 or 42A.404, or if the court waives the | ||
educational program requirement under Article 42A.403, the court | ||
clerk shall immediately report that fact to the Department of | ||
Public Safety, on a form prescribed by the department, for | ||
inclusion in the defendant's driving record. If the court grants an | ||
extension of time in which the defendant may complete the | ||
educational program under Article 42A.403, the court clerk shall | ||
immediately report that fact to the Department of Public Safety on a | ||
form prescribed by the department. The clerk's report under this | ||
subsection must include the beginning date of the defendant's | ||
community supervision. | ||
(b) On the defendant's successful completion of an | ||
educational program under Article 42A.403 or 42A.404, the | ||
defendant's instructor shall give notice to the Department of | ||
Public Safety for inclusion in the defendant's driving record and | ||
to the community supervision and corrections department. The | ||
community supervision and corrections department shall forward the | ||
notice to the court clerk for filing. | ||
(c) If the Department of Public Safety does not receive | ||
notice that a defendant required to complete an educational program | ||
has successfully completed the program within the period required | ||
by the judge under this subchapter, as shown on department records, | ||
the department, as provided by Sections 521.344(e) and (f), | ||
Transportation Code, shall: | ||
(1) revoke the defendant's driver's license; or | ||
(2) prohibit the defendant from obtaining a license. | ||
(d) The Department of Public Safety may not reinstate a | ||
license revoked under Subsection (c) as the result of an | ||
educational program requirement imposed under Article 42A.403 | ||
unless the defendant whose license was revoked applies to the | ||
department for reinstatement of the license and pays to the | ||
department a reinstatement fee of $100. The Department of Public | ||
Safety shall remit all fees collected under this subsection to the | ||
comptroller for deposit in the general revenue fund. (Code Crim. | ||
Proc., Art. 42.12, Secs. 13(h) (part), (j) (part).) | ||
Art. 42A.407. SUSPENSION OF DRIVER'S LICENSE. (a) A jury | ||
that recommends community supervision for a defendant convicted of | ||
an offense under Sections 49.04-49.08, Penal Code, may recommend | ||
that any driver's license issued to the defendant under Chapter | ||
521, Transportation Code, not be suspended. This subsection does | ||
not apply to a defendant punished under Section 49.09(a) or (b), | ||
Penal Code, and subject to Section 49.09(h), Penal Code. | ||
(b) Notwithstanding Sections 521.344(d)-(i), | ||
Transportation Code, if under Article 42A.404 the judge requires a | ||
defendant punished under Section 49.09, Penal Code, to attend an | ||
educational program as a condition of community supervision, or | ||
waives the required attendance for the program, and the defendant | ||
has previously been required to attend such an educational program, | ||
or the required attendance at the program had been waived, the judge | ||
shall order the suspension of the defendant's driver's license for a | ||
period determined by the judge according to the following schedule: | ||
(1) not less than 90 days or more than one year, if the | ||
defendant is convicted under Sections 49.04-49.08, Penal Code; | ||
(2) not less than 180 days or more than two years, if | ||
the defendant is punished under Section 49.09(a) or (b), Penal | ||
Code; or | ||
(3) not less than one year or more than two years, if | ||
the defendant is convicted of a second or subsequent offense under | ||
Sections 49.04-49.08, Penal Code, committed within five years of | ||
the date on which the most recent preceding offense was committed. | ||
(c) If the Department of Public Safety receives notice that | ||
a defendant has been required to attend a subsequent educational | ||
program under Article 42A.403 or 42A.404, although the previously | ||
required attendance had been waived, but the judge has not ordered a | ||
period of suspension, the department shall: | ||
(1) suspend the defendant's driver's license; or | ||
(2) issue an order prohibiting the defendant from | ||
obtaining a license for a period of one year. | ||
(d) The judge shall suspend the defendant's driver's license | ||
for a period provided under Subchapter O, Chapter 521, | ||
Transportation Code, if: | ||
(1) a judge revokes the community supervision of the | ||
defendant for: | ||
(A) an offense under Section 49.04, Penal Code; | ||
or | ||
(B) an offense involving the operation of a motor | ||
vehicle under Section 49.07, Penal Code; and | ||
(2) the license has not previously been ordered by the | ||
judge to be suspended, or the suspension was previously probated. | ||
(e) The suspension of a defendant's driver's license under | ||
Subsection (d) shall be reported to the Department of Public Safety | ||
as provided under Section 521.347, Transportation Code. | ||
(f) Notwithstanding any other provision of this subchapter | ||
or other law, a judge who places on community supervision a | ||
defendant who was younger than 21 years of age at the time of the | ||
offense and was convicted for an offense under Sections | ||
49.04-49.08, Penal Code, shall order that the defendant's driver's | ||
license be suspended for 90 days beginning on the date the defendant | ||
is placed on community supervision. (Code Crim. Proc., Art. 42.12, | ||
Secs. 13(g), (k), (l), (m), (n) (part).) | ||
Art. 42A.408. USE OF IGNITION INTERLOCK DEVICE. (a) In | ||
this article, "ignition interlock device" means a device that uses | ||
a deep-lung breath analysis mechanism to make impractical the | ||
operation of the motor vehicle if ethyl alcohol is detected in the | ||
breath of the operator. | ||
(b) The court may require as a condition of community | ||
supervision that a defendant placed on community supervision after | ||
conviction of an offense under Sections 49.04-49.08, Penal Code, | ||
have an ignition interlock device installed on the motor vehicle | ||
owned by the defendant or on the vehicle most regularly driven by | ||
the defendant and that the defendant not operate any motor vehicle | ||
that is not equipped with that device. | ||
(c) The court shall require as a condition of community | ||
supervision that a defendant described by Subsection (b) have an | ||
ignition interlock device installed on the motor vehicle owned by | ||
the defendant or on the vehicle most regularly driven by the | ||
defendant and that the defendant not operate any motor vehicle | ||
unless the vehicle is equipped with that device if: | ||
(1) it is shown on the trial of the offense that an | ||
analysis of a specimen of the defendant's blood, breath, or urine | ||
showed an alcohol concentration level of 0.15 or more at the time | ||
the analysis was performed; | ||
(2) the defendant is placed on community supervision | ||
after conviction of an offense under Sections 49.04-49.06, Penal | ||
Code, for which the defendant is punished under Section 49.09(a) or | ||
(b), Penal Code; or | ||
(3) the court determines under Subsection (d) that the | ||
defendant has one or more previous convictions under Sections | ||
49.04-49.08, Penal Code. | ||
(d) Before placing on community supervision a defendant | ||
convicted of an offense under Sections 49.04-49.08, Penal Code, the | ||
court shall determine from criminal history record information | ||
maintained by the Department of Public Safety whether the defendant | ||
has one or more previous convictions under any of those sections. A | ||
previous conviction may not be used for purposes of restricting a | ||
defendant to the operation of a motor vehicle equipped with an | ||
ignition interlock device under Subsection (c) if: | ||
(1) the previous conviction was a final conviction | ||
under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal | ||
Code, and was for an offense committed before the beginning of the | ||
10-year period preceding the date of the instant offense for which | ||
the defendant was convicted and placed on community supervision; | ||
and | ||
(2) the defendant has not been convicted of an offense | ||
under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal | ||
Code, committed within the 10-year period preceding the date of the | ||
instant offense for which the defendant was convicted and placed on | ||
community supervision. | ||
(e) Notwithstanding any other provision of this subchapter | ||
or other law, a judge who places on community supervision a | ||
defendant who was younger than 21 years of age at the time of the | ||
offense and was convicted for an offense under Sections | ||
49.04-49.08, Penal Code, shall require as a condition of community | ||
supervision that the defendant not operate any motor vehicle unless | ||
the vehicle is equipped with an ignition interlock device. | ||
(f) The court shall require the defendant to obtain an | ||
ignition interlock device at the defendant's own cost before the | ||
30th day after the date of conviction unless the court finds that to | ||
do so would not be in the best interest of justice and enters its | ||
findings on record. The court shall require the defendant to | ||
provide evidence to the court within the 30-day period that the | ||
device has been installed on the appropriate vehicle and order the | ||
device to remain installed on that vehicle for a period the length | ||
of which is not less than 50 percent of the supervision period. If | ||
the court determines the defendant is unable to pay for the ignition | ||
interlock device, the court may impose a reasonable payment | ||
schedule not to exceed twice the length of the period of the court's | ||
order. | ||
(g) The Department of Public Safety shall approve ignition | ||
interlock devices for use under this article. Section 521.247, | ||
Transportation Code, applies to the approval of a device under this | ||
article and the consequences of that approval. | ||
(h) Notwithstanding any other provision of this subchapter, | ||
if a defendant is required to operate a motor vehicle in the course | ||
and scope of the defendant's employment and if the vehicle is owned | ||
by the employer, the defendant may operate that vehicle without | ||
installation of an approved ignition interlock device if the | ||
employer has been notified of that driving privilege restriction | ||
and if proof of that notification is with the vehicle. The | ||
employment exemption does not apply if the business entity that | ||
owns the vehicle is owned or controlled by the defendant. (Code | ||
Crim. Proc., Art. 42.12, Secs. 13(i) (part), (n) (part).) | ||
Art. 42A.409. COMMUNITY SUPERVISION FOR ENHANCED PUBLIC | ||
INTOXICATION OFFENSE. (a) On conviction of an offense punishable | ||
as a Class C misdemeanor under Section 49.02, Penal Code, for which | ||
punishment is enhanced under Section 12.43(c), Penal Code, based on | ||
previous convictions under Section 49.02 or 42.01, Penal Code, the | ||
court may suspend the imposition of the sentence and place the | ||
defendant on community supervision if the court finds that the | ||
defendant would benefit from community supervision and enters its | ||
finding on the record. The judge may suspend in whole or in part the | ||
imposition of any fine imposed on conviction. | ||
(b) All provisions of this chapter applying to a defendant | ||
placed on community supervision for a misdemeanor apply to a | ||
defendant placed on community supervision under Subsection (a), | ||
except that the court shall require the defendant as a condition of | ||
community supervision to: | ||
(1) submit to diagnostic testing for addiction to | ||
alcohol or a controlled substance or drug; | ||
(2) submit to a psychological assessment; | ||
(3) if indicated as necessary by testing and | ||
assessment, participate in an alcohol or drug abuse treatment or | ||
education program; and | ||
(4) pay the costs of testing, assessment, and | ||
treatment or education, either directly or as a court cost. (Code | ||
Crim. Proc., Art. 42.12, Sec. 15A.) | ||
SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS | ||
Art. 42A.451. SEX OFFENDER REGISTRATION; DNA SAMPLE. A | ||
judge granting community supervision to a defendant required to | ||
register as a sex offender under Chapter 62 shall require that the | ||
defendant, as a condition of community supervision: | ||
(1) register under that chapter; and | ||
(2) submit a DNA sample to the Department of Public | ||
Safety under Subchapter G, Chapter 411, Government Code, for the | ||
purpose of creating a DNA record of the defendant, unless the | ||
defendant has already submitted the required sample under other | ||
state law. (Code Crim. Proc., Art. 42.12, Sec. 11(e).) | ||
Art. 42A.452. TREATMENT, SPECIALIZED SUPERVISION, OR | ||
REHABILITATION. A judge who grants community supervision to a sex | ||
offender evaluated under Article 42A.258 may require the sex | ||
offender as a condition of community supervision to submit to | ||
treatment, specialized supervision, or rehabilitation according to | ||
offense-specific standards of practice adopted by the Council on | ||
Sex Offender Treatment. On a finding that the defendant is | ||
financially able to make payment, the judge shall require the | ||
defendant to pay all or part of the reasonable and necessary costs | ||
of the treatment, supervision, or rehabilitation. (Code Crim. | ||
Proc., Art. 42.12, Sec. 11(i).) | ||
Art. 42A.453. CHILD SAFETY ZONE. (a) In this article, | ||
"playground," "premises," "school," "video arcade facility," and | ||
"youth center" have the meanings assigned by Section 481.134, | ||
Health and Safety Code. | ||
(b) This article applies to a defendant placed on community | ||
supervision for an offense under: | ||
(1) Section 20.04(a)(4), Penal Code, if the defendant | ||
committed the offense with the intent to violate or abuse the victim | ||
sexually; | ||
(2) Section 20A.02, Penal Code, if the defendant: | ||
(A) trafficked the victim with the intent or | ||
knowledge that the victim would engage in sexual conduct, as | ||
defined by Section 43.25, Penal Code; or | ||
(B) benefited from participating in a venture | ||
that involved a trafficked victim engaging in sexual conduct, as | ||
defined by Section 43.25, Penal Code; | ||
(3) Section 21.08, 21.11, 22.011, 22.021, or 25.02, | ||
Penal Code; | ||
(4) Section 30.02, Penal Code, punishable under | ||
Subsection (d) of that section, if the defendant committed the | ||
offense with the intent to commit a felony listed in Subdivision (1) | ||
or (3); or | ||
(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code. | ||
(c) If a judge grants community supervision to a defendant | ||
described by Subsection (b) and the judge determines that a child as | ||
defined by Section 22.011(c), Penal Code, was the victim of the | ||
offense, the judge shall establish a child safety zone applicable | ||
to the defendant by requiring as a condition of community | ||
supervision that the defendant: | ||
(1) not: | ||
(A) supervise or participate in any program that: | ||
(i) includes as participants or recipients | ||
persons who are 17 years of age or younger; and | ||
(ii) regularly provides athletic, civic, or | ||
cultural activities; or | ||
(B) go in, on, or within 1,000 feet of a premises | ||
where children commonly gather, including a school, day-care | ||
facility, playground, public or private youth center, public | ||
swimming pool, or video arcade facility; and | ||
(2) attend psychological counseling sessions for sex | ||
offenders with an individual or organization that provides sex | ||
offender treatment or counseling as specified or approved by the | ||
judge or the defendant's supervision officer. | ||
(d) Notwithstanding Subsection (c)(1), a judge is not | ||
required to impose the conditions described by Subsection (c)(1) if | ||
the defendant is a student at a primary or secondary school. | ||
(e) At any time after the imposition of a condition under | ||
Subsection (c)(1), the defendant may request the court to modify | ||
the child safety zone applicable to the defendant because the zone | ||
as created by the court: | ||
(1) interferes with the defendant's ability to attend | ||
school or hold a job and consequently constitutes an undue hardship | ||
for the defendant; or | ||
(2) is broader than is necessary to protect the | ||
public, given the nature and circumstances of the offense. | ||
(f) A supervision officer for a defendant described by | ||
Subsection (b) may permit the defendant to enter on an | ||
event-by-event basis into the child safety zone from which the | ||
defendant is otherwise prohibited from entering if: | ||
(1) the defendant has served at least two years of the | ||
period of community supervision; | ||
(2) the defendant enters the zone as part of a program | ||
to reunite with the defendant's family; | ||
(3) the defendant presents to the supervision officer | ||
a written proposal specifying where the defendant intends to go | ||
within the zone, why and with whom the defendant is going, and how | ||
the defendant intends to cope with any stressful situations that | ||
occur; | ||
(4) the sex offender treatment provider treating the | ||
defendant agrees with the supervision officer that the defendant | ||
should be allowed to attend the event; and | ||
(5) the supervision officer and the treatment provider | ||
agree on a chaperon to accompany the defendant and the chaperon | ||
agrees to perform that duty. | ||
(g) Article 42A.051(b) does not prohibit a supervision | ||
officer from modifying a condition of community supervision by | ||
permitting a defendant to enter a child safety zone under | ||
Subsection (f). | ||
(h) Notwithstanding Subsection (c)(1)(B), a requirement | ||
that a defendant not go in, on, or within 1,000 feet of certain | ||
premises does not apply to a defendant while the defendant is in or | ||
going immediately to or from a: | ||
(1) community supervision and corrections department | ||
office; | ||
(2) premises at which the defendant is participating | ||
in a program or activity required as a condition of community | ||
supervision; | ||
(3) residential facility in which the defendant is | ||
required to reside as a condition of community supervision, if the | ||
facility was in operation as a residence for defendants on | ||
community supervision on June 1, 2003; or | ||
(4) private residence at which the defendant is | ||
required to reside as a condition of community supervision. | ||
(i) A supervision officer who under Subsection (c)(2) | ||
specifies a sex offender treatment provider to provide counseling | ||
to a defendant shall: | ||
(1) contact the provider before the defendant is | ||
released; | ||
(2) establish the date, time, and place of the first | ||
session between the defendant and the provider; and | ||
(3) request the provider to immediately notify the | ||
supervision officer if the defendant fails to attend the first | ||
session or any subsequent scheduled session. (Code Crim. Proc., | ||
Art. 42.12, Sec. 13B.) | ||
Art. 42A.454. CERTAIN INTERNET ACTIVITY PROHIBITED. (a) | ||
This article applies only to a defendant who is required to register | ||
as a sex offender under Chapter 62, by court order or otherwise, | ||
and: | ||
(1) is convicted of or receives a grant of deferred | ||
adjudication community supervision for a violation of Section | ||
21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal | ||
Code; | ||
(2) used the Internet or any other type of electronic | ||
device used for Internet access to commit the offense or engage in | ||
the conduct for which the person is required to register under | ||
Chapter 62; or | ||
(3) is assigned a numeric risk level of three based on | ||
an assessment conducted under Article 62.007. | ||
(b) If the court grants community supervision to a defendant | ||
described by Subsection (a), the court as a condition of community | ||
supervision shall prohibit the defendant from using the Internet | ||
to: | ||
(1) access material that is obscene, as defined by | ||
Section 43.21, Penal Code; | ||
(2) access a commercial social networking site, as | ||
defined by Article 62.0061(f); | ||
(3) communicate with any individual concerning sexual | ||
relations with an individual who is younger than 17 years of age; or | ||
(4) communicate with another individual the defendant | ||
knows is younger than 17 years of age. | ||
(c) The court may modify at any time the condition described | ||
by Subsection (b)(4) if: | ||
(1) the condition interferes with the defendant's | ||
ability to attend school or become or remain employed and | ||
consequently constitutes an undue hardship for the defendant; or | ||
(2) the defendant is the parent or guardian of an | ||
individual who is younger than 17 years of age and the defendant is | ||
not otherwise prohibited from communicating with that individual. | ||
(Code Crim. Proc., Art. 42.12, Sec. 13G.) | ||
Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A | ||
judge who grants community supervision to a defendant charged with | ||
or convicted of an offense under Section 21.11 or 22.011(a)(2), | ||
Penal Code, may require the defendant to make one payment in an | ||
amount not to exceed $50 to a children's advocacy center | ||
established under Subchapter E, Chapter 264, Family Code. (Code | ||
Crim. Proc., Art. 42.12, Sec. 11(g).) | ||
SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND | ||
OFFENDERS | ||
Art. 42A.501. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED | ||
BECAUSE OF BIAS OR PREJUDICE. (a) A court granting community | ||
supervision to a defendant convicted of an offense for which the | ||
court has made an affirmative finding under Article 42.014 shall | ||
require as a term of community supervision that the defendant: | ||
(1) serve a term of not more than one year imprisonment | ||
in the Texas Department of Criminal Justice if the offense is a | ||
felony other than an offense under Section 19.02, Penal Code; or | ||
(2) serve a term of not more than 90 days confinement | ||
in jail if the offense is a misdemeanor. | ||
(b) The court may not grant community supervision on its own | ||
motion or on the recommendation of the jury to a defendant convicted | ||
of an offense for which the court has made an affirmative finding | ||
under Article 42.014 if: | ||
(1) the offense for which the court has made the | ||
affirmative finding is an offense under Section 19.02, Penal Code; | ||
or | ||
(2) the defendant has been previously convicted of an | ||
offense for which the court made an affirmative finding under | ||
Article 42.014. (Code Crim. Proc., Art. 42.12, Sec. 13A.) | ||
Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN VIOLENT | ||
OFFENSES; CHILD SAFETY ZONE. (a) In this article, "playground," | ||
"premises," "school," "video arcade facility," and "youth center" | ||
have the meanings assigned by Section 481.134, Health and Safety | ||
Code. | ||
(b) A judge granting community supervision to a defendant | ||
convicted of an offense listed in Article 42A.054(a) or for which | ||
the judgment contains an affirmative finding under Article | ||
42A.054(c) or (d) may establish a child safety zone applicable to | ||
the defendant, if the nature of the offense for which the defendant | ||
is convicted warrants the establishment of a child safety zone, by | ||
requiring as a condition of community supervision that the | ||
defendant not: | ||
(1) supervise or participate in any program that: | ||
(A) includes as participants or recipients | ||
persons who are 17 years of age or younger; and | ||
(B) regularly provides athletic, civic, or | ||
cultural activities; or | ||
(2) go in or on, or within a distance specified by the | ||
judge of, a premises where children commonly gather, including a | ||
school, day-care facility, playground, public or private youth | ||
center, public swimming pool, or video arcade facility. | ||
(c) At any time after the imposition of a condition under | ||
Subsection (b), the defendant may request the judge to modify the | ||
child safety zone applicable to the defendant because the zone as | ||
created by the judge: | ||
(1) interferes with the defendant's ability to attend | ||
school or hold a job and consequently constitutes an undue hardship | ||
for the defendant; or | ||
(2) is broader than is necessary to protect the | ||
public, given the nature and circumstances of the offense. | ||
(d) This article does not apply to a defendant described by | ||
Article 42A.453. (Code Crim. Proc., Art. 42.12, Sec. 13D.) | ||
Art. 42A.503. COMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSE | ||
OFFENSES; PROHIBITED CONTACT WITH VICTIM. (a) If the court grants | ||
community supervision to a defendant convicted of an offense | ||
described by Article 17.41(a), the court may require as a condition | ||
of community supervision that the defendant not: | ||
(1) directly communicate with the victim of the | ||
offense; or | ||
(2) go near a residence, school, or other location, as | ||
specifically described in the copy of terms and conditions, that is | ||
frequented by the victim. | ||
(b) In imposing the condition under Subsection (a), the | ||
court may grant the defendant supervised access to the victim. | ||
(c) To the extent that a condition imposed under this | ||
article conflicts with an existing court order granting possession | ||
of or access to a child, the condition imposed under this article | ||
prevails for a period specified by the court granting community | ||
supervision, not to exceed 90 days. (Code Crim. Proc., Art. 42.12, | ||
Sec. 14(a), as amended Acts 73rd Leg., R.S., Ch. 165 (H.B. 119), | ||
Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts 78th Leg., R.S., Ch. | ||
353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113 (S.B. 44).) | ||
Art. 42A.504. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES | ||
INVOLVING FAMILY VIOLENCE; SPECIAL CONDITIONS. (a) In this | ||
article: | ||
(1) "Family violence" has the meaning assigned by | ||
Section 71.004, Family Code. | ||
(2) "Family violence center" has the meaning assigned | ||
by Section 51.002, Human Resources Code. | ||
(b) If a judge grants community supervision to a defendant | ||
convicted of an offense under Title 5, Penal Code, that the court | ||
determines involves family violence, the judge shall require the | ||
defendant to pay $100 to a family violence center that: | ||
(1) receives state or federal funds; and | ||
(2) serves the county in which the court is located. | ||
(c) If the court grants community supervision to a defendant | ||
convicted of an offense involving family violence, the court may | ||
require the defendant, at the direction of the supervision officer, | ||
to: | ||
(1) attend a battering intervention and prevention | ||
program or counsel with a provider of battering intervention and | ||
prevention services if the program or provider has been accredited | ||
under Section 4A, Article 42.141, as conforming to program | ||
guidelines under that article; or | ||
(2) if the referral option under Subdivision (1) is | ||
not available, attend counseling sessions for the elimination of | ||
violent behavior with a licensed counselor, social worker, or other | ||
professional who has completed family violence intervention | ||
training that the community justice assistance division of the | ||
Texas Department of Criminal Justice has approved, after | ||
consultation with the licensing authorities described by Chapters | ||
152, 501, 502, 503, and 505, Occupations Code, and experts in the | ||
field of family violence. | ||
(d) If the court requires the defendant to attend counseling | ||
or a program, the court shall require the defendant to begin | ||
attendance not later than the 60th day after the date the court | ||
grants community supervision, notify the supervision officer of the | ||
name, address, and phone number of the counselor or program, and | ||
report the defendant's attendance to the supervision officer. The | ||
court shall require the defendant to pay all the reasonable costs of | ||
the counseling sessions or attendance in the program on a finding | ||
that the defendant is financially able to make payment. If the | ||
court finds the defendant is unable to make payment, the court shall | ||
make the counseling sessions or enrollment in the program available | ||
without cost to the defendant. The court may also require the | ||
defendant to pay all or a part of the reasonable costs incurred by | ||
the victim for counseling made necessary by the offense, on a | ||
finding that the defendant is financially able to make payment. The | ||
court may order the defendant to make payments under this | ||
subsection for a period not to exceed one year after the date on | ||
which the order is entered. (Code Crim. Proc., Art. 42.12, Sec. | ||
11(h); Secs. 14(c), (c-1), (c-2), as amended Acts 73rd Leg., R.S., | ||
Ch. 165 (H.B. 119), Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts | ||
78th Leg., R.S., Ch. 353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113 | ||
(S.B. 44).) | ||
Art. 42A.505. COMMUNITY SUPERVISION FOR STALKING OFFENSE; | ||
PROHIBITED CONTACT WITH VICTIM. (a) If the court grants community | ||
supervision to a defendant convicted of an offense under Section | ||
42.072, Penal Code, the court may require as a condition of | ||
community supervision that the defendant not: | ||
(1) communicate directly or indirectly with the | ||
victim; or | ||
(2) go to or near: | ||
(A) the residence, place of employment, or | ||
business of the victim; or | ||
(B) a school, day-care facility, or similar | ||
facility where a dependent child of the victim is in attendance. | ||
(b) If the court requires the prohibition contained in | ||
Subsection (a)(2) as a condition of community supervision, the | ||
court shall specifically describe the prohibited locations and the | ||
minimum distances, if any, that the defendant must maintain from | ||
the locations. (Code Crim. Proc., Art. 42.12, Sec. 11(l).) | ||
Art. 42A.506. COMMUNITY SUPERVISION FOR DEFENDANT WITH | ||
MENTAL IMPAIRMENT. If the judge places a defendant on community | ||
supervision and the defendant is determined to be a person with | ||
mental illness or a person with an intellectual disability, as | ||
provided by Article 16.22 or Chapter 46B or in a psychological | ||
evaluation conducted under Article 42A.253(a)(6), the judge may | ||
require the defendant as a condition of community supervision to | ||
submit to outpatient or inpatient mental health or intellectual | ||
disability treatment if: | ||
(1) the defendant's: | ||
(A) mental impairment is chronic in nature; or | ||
(B) ability to function independently will | ||
continue to deteriorate if the defendant does not receive mental | ||
health or intellectual disability services; and | ||
(2) the judge determines, in consultation with a local | ||
mental health or intellectual disability services provider, that | ||
mental health or intellectual disability services, as appropriate, | ||
are available for the defendant through: | ||
(A) the Department of State Health Services or | ||
the Department of Aging and Disability Services under Section | ||
534.053, Health and Safety Code; or | ||
(B) another mental health or intellectual | ||
disability services provider. (Code Crim. Proc., Art. 42.12, Sec. | ||
11(d).) | ||
Art. 42A.507. COMMUNITY SUPERVISION FOR CERTAIN DEFENDANTS | ||
IDENTIFIED AS MEMBERS OF CRIMINAL STREET GANGS; ELECTRONIC | ||
MONITORING. (a) This article applies only to a defendant who: | ||
(1) is identified as a member of a criminal street gang | ||
in an intelligence database established under Chapter 61; and | ||
(2) has two or more times been previously convicted | ||
of, or received a grant of deferred adjudication community | ||
supervision or another functionally equivalent form of community | ||
supervision or probation for, a felony offense under the laws of | ||
this state, another state, or the United States. | ||
(b) A court granting community supervision to a defendant | ||
described by Subsection (a) may, on the defendant's conviction of a | ||
felony offense, require as a condition of community supervision | ||
that the defendant submit to tracking under an electronic | ||
monitoring service or other appropriate technological service | ||
designed to track a person's location. (Code Crim. Proc., Art. | ||
42.12, Sec. 13E.) | ||
Art. 42A.508. COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED | ||
CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE. A | ||
court granting community supervision to a defendant convicted of an | ||
offense under Chapter 71, Penal Code, may impose as a condition of | ||
community supervision restrictions on the defendant's operation of | ||
a motor vehicle, including specifying: | ||
(1) hours during which the defendant may not operate a | ||
motor vehicle; and | ||
(2) locations at or in which the defendant may not | ||
operate a motor vehicle. (Code Crim. Proc., Art. 42.12, Sec. 13F.) | ||
Art. 42A.509. COMMUNITY SUPERVISION FOR GRAFFITI OFFENSE. | ||
A court granting community supervision to a defendant convicted of | ||
an offense under Section 28.08, Penal Code, shall require as a | ||
condition of community supervision that the defendant perform: | ||
(1) at least 15 hours of community service if the | ||
amount of pecuniary loss resulting from the commission of the | ||
offense is $50 or more but less than $500; or | ||
(2) at least 30 hours of community service if the | ||
amount of pecuniary loss resulting from the commission of the | ||
offense is $500 or more. (Code Crim. Proc., Art. 42.12, Sec. | ||
11(k).) | ||
Art. 42A.510. COMMUNITY SUPERVISION FOR ENHANCED | ||
DISORDERLY CONDUCT OFFENSE. (a) On conviction of an offense | ||
punishable as a Class C misdemeanor under Section 42.01, Penal | ||
Code, for which punishment is enhanced under Section 12.43(c), | ||
Penal Code, based on previous convictions under Section 42.01 or | ||
49.02, Penal Code, the court may suspend the imposition of the | ||
sentence and place the defendant on community supervision if the | ||
court finds that the defendant would benefit from community | ||
supervision and enters its finding on the record. The judge may | ||
suspend in whole or in part the imposition of any fine imposed on | ||
conviction. | ||
(b) All provisions of this chapter applying to a defendant | ||
placed on community supervision for a misdemeanor apply to a | ||
defendant placed on community supervision under this article, | ||
except that the court shall require the defendant as a condition of | ||
community supervision to: | ||
(1) submit to diagnostic testing for addiction to | ||
alcohol or a controlled substance or drug; | ||
(2) submit to a psychological assessment; | ||
(3) if indicated as necessary by testing and | ||
assessment, participate in an alcohol or drug abuse treatment or | ||
education program; and | ||
(4) pay the costs of testing, assessment, and | ||
treatment or education, either directly or as a court cost. (Code | ||
Crim. Proc., Art. 42.12, Sec. 15A.) | ||
Art. 42A.511. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES | ||
INVOLVING ANIMALS. If a judge grants community supervision to a | ||
defendant convicted of an offense under Section 42.09, 42.091, | ||
42.092, or 42.10, Penal Code, the judge may require the defendant to | ||
attend a responsible pet owner course sponsored by a municipal | ||
animal shelter, as defined by Section 823.001, Health and Safety | ||
Code, that: | ||
(1) receives federal, state, county, or municipal | ||
funds; and | ||
(2) serves the county in which the court is located. | ||
(Code Crim. Proc., Art. 42.12, Sec. 11(m).) | ||
Art. 42A.512. COMMUNITY SUPERVISION FOR ELECTRONIC | ||
TRANSMISSION OF CERTAIN VISUAL MATERIAL. (a) In this article, | ||
"parent" means a natural or adoptive parent, managing or possessory | ||
conservator, or legal guardian. The term does not include a parent | ||
whose parental rights have been terminated. | ||
(b) If a judge grants community supervision to a defendant | ||
who is convicted of or charged with an offense under Section 43.261, | ||
Penal Code, the judge may require as a condition of community | ||
supervision that the defendant attend and successfully complete an | ||
educational program described by Section 37.218, Education Code, or | ||
another equivalent educational program. | ||
(c) The court shall require the defendant or the defendant's | ||
parent to pay the cost of attending an educational program under | ||
Subsection (b) if the court determines that the defendant or the | ||
defendant's parent is financially able to make payment. (Code | ||
Crim. Proc., Art. 42.12, Sec. 13H.) | ||
Art. 42A.513. COMMUNITY SUPERVISION FOR MAKING FIREARM | ||
ACCESSIBLE TO CHILD. (a) A court granting community supervision to | ||
a defendant convicted of an offense under Section 46.13, Penal | ||
Code, may require as a condition of community supervision that the | ||
defendant: | ||
(1) provide an appropriate public service activity | ||
designated by the court; or | ||
(2) attend a firearms safety course that meets or | ||
exceeds the requirements set by the National Rifle Association as | ||
of January 1, 1995, for a firearms safety course that requires not | ||
more than 17 hours of instruction. | ||
(b) The court shall require the defendant to pay the cost of | ||
attending the firearms safety course under Subsection (a)(2). | ||
(Code Crim. Proc., Art. 42.12, Sec. 13C.) | ||
SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION | ||
Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION; | ||
EXECUTION OF SENTENCE. (a) Except as otherwise provided by | ||
Subsection (b) or (c), on conviction of a state jail felony under | ||
Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), | ||
481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is | ||
punished under Section 12.35(a), Penal Code, the judge shall | ||
suspend the imposition of the sentence and place the defendant on | ||
community supervision. | ||
(b) If the defendant has been previously convicted of a | ||
felony, other than a felony punished under Section 12.44(a), Penal | ||
Code, or if the conviction resulted from an adjudication of the | ||
guilt of a defendant previously placed on deferred adjudication | ||
community supervision for the offense, the judge may: | ||
(1) suspend the imposition of the sentence and place | ||
the defendant on community supervision; or | ||
(2) order the sentence to be executed. | ||
(c) Subsection (a) does not apply to a defendant who: | ||
(1) under Section 481.1151(b)(1), Health and Safety | ||
Code, possessed more than five abuse units of the controlled | ||
substance; | ||
(2) under Section 481.1161(b)(3), Health and Safety | ||
Code, possessed more than one pound, by aggregate weight, including | ||
adulterants or dilutants, of the controlled substance; or | ||
(3) under Section 481.121(b)(3), Health and Safety | ||
Code, possessed more than one pound of marihuana. | ||
(d) On conviction of a state jail felony punished under | ||
Section 12.35(a), Penal Code, other than a state jail felony listed | ||
in Subsection (a), subject to Subsection (e), the judge may: | ||
(1) suspend the imposition of the sentence and place | ||
the defendant on community supervision; or | ||
(2) order the sentence to be executed: | ||
(A) in whole; or | ||
(B) in part, with a period of community | ||
supervision to begin immediately on release of the defendant from | ||
confinement. | ||
(e) In any case in which the jury assesses punishment, the | ||
judge must follow the recommendations of the jury in suspending the | ||
imposition of a sentence or ordering a sentence to be executed. If | ||
a jury assessing punishment does not recommend community | ||
supervision, the judge must order the sentence to be executed in | ||
whole. | ||
(f) A defendant is considered to be finally convicted if the | ||
judge orders the sentence to be executed under Subsection (d)(2), | ||
regardless of whether the judge orders the sentence to be executed | ||
in whole or only in part. | ||
(g) The judge may suspend in whole or in part the imposition | ||
of any fine imposed on conviction. (Code Crim. Proc., Art. 42.12, | ||
Sec. 15(a).) | ||
Art. 42A.552. REVIEW OF PRESENTENCE REPORT. Before | ||
imposing a sentence in a state jail felony case in which the judge | ||
assesses punishment, the judge shall: | ||
(1) review the presentence report prepared for the | ||
defendant under Subchapter F; and | ||
(2) determine whether the best interests of justice | ||
require the judge to: | ||
(A) suspend the imposition of the sentence and | ||
place the defendant on community supervision; or | ||
(B) order the sentence to be executed in whole or | ||
in part as provided by Article 42A.551(d). (Code Crim. Proc., Art. | ||
42.12, Sec. 15(c)(1) (part).) | ||
Art. 42A.553. MINIMUM AND MAXIMUM PERIODS OF COMMUNITY | ||
SUPERVISION; EXTENSION. (a) The minimum period of community | ||
supervision a judge may impose under this subchapter is two years. | ||
The maximum period of community supervision a judge may impose | ||
under this subchapter is five years, except that the judge may | ||
extend the maximum period of community supervision under this | ||
subchapter to not more than 10 years. | ||
(b) A judge may extend a period of community supervision | ||
under this subchapter: | ||
(1) at any time during the period of community | ||
supervision; or | ||
(2) before the first anniversary of the date the | ||
period of community supervision ends, if a motion for revocation of | ||
community supervision is filed before the date the period of | ||
community supervision ends. (Code Crim. Proc., Art. 42.12, Sec. | ||
15(b).) | ||
Art. 42A.554. CONDITIONS OF COMMUNITY SUPERVISION. (a) A | ||
judge assessing punishment in a state jail felony case may impose | ||
any condition of community supervision on the defendant that the | ||
judge could impose on a defendant placed on supervision for an | ||
offense other than a state jail felony. | ||
(b) If the judge suspends the execution of the sentence or | ||
orders the execution of the sentence only in part as provided by | ||
Article 42A.551(d), the judge shall impose conditions of community | ||
supervision consistent with the recommendations contained in the | ||
presentence report prepared for the defendant under Subchapter F. | ||
(c) Except as otherwise provided by this subsection, a judge | ||
who places a defendant on community supervision for an offense | ||
listed in Article 42A.551(a) shall require the defendant to comply | ||
with substance abuse treatment conditions that are consistent with | ||
standards adopted by the Texas Board of Criminal Justice under | ||
Section 509.015, Government Code. A judge is not required to impose | ||
the substance abuse treatment conditions if the judge makes an | ||
affirmative finding that the defendant does not require imposition | ||
of the conditions to successfully complete the period of community | ||
supervision. (Code Crim. Proc., Art. 42.12, Secs. 15(c)(1) (part), | ||
(2), (3).) | ||
Art. 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY | ||
SUPERVISION. (a) A judge assessing punishment in a state jail | ||
felony case may impose as a condition of community supervision that | ||
a defendant submit at the beginning of the period of community | ||
supervision to a term of confinement in a state jail felony facility | ||
for a term of: | ||
(1) not less than 90 days or more than 180 days; or | ||
(2) not less than 90 days or more than one year, if the | ||
defendant is convicted of an offense punishable as a state jail | ||
felony under Section 481.112, 481.1121, 481.113, or 481.120, Health | ||
and Safety Code. | ||
(b) A judge may not require a defendant to submit to both the | ||
term of confinement authorized by this article and a term of | ||
confinement under Subchapter C or Article 42A.302. (Code Crim. | ||
Proc., Art. 42.12, Secs. 15(c)(1) (part), (d) (part).) | ||
Art. 42A.556. SANCTIONS IMPOSED ON MODIFICATION OF | ||
COMMUNITY SUPERVISION. If in a state jail felony case a defendant | ||
violates a condition of community supervision imposed under this | ||
chapter and after a hearing under Article 42A.751(d) the judge | ||
modifies the defendant's community supervision, the judge may | ||
impose any sanction permitted by Article 42A.752, except that if | ||
the judge requires a defendant to serve a term of confinement in a | ||
state jail felony facility as a modification of the defendant's | ||
community supervision, the minimum term of confinement is 90 days | ||
and the maximum term of confinement is 180 days. (Code Crim. Proc., | ||
Art. 42.12, Sec. 15(e).) | ||
Art. 42A.557. REPORT BY DIRECTOR OF FACILITY. The facility | ||
director of a state jail felony facility shall report to a judge who | ||
orders a defendant confined in the facility as a condition of | ||
community supervision or as a sanction imposed on a modification of | ||
community supervision under Article 42A.556 not less than every 90 | ||
days on the defendant's programmatic progress, conduct, and | ||
conformity to the rules of the facility. (Code Crim. Proc., Art. | ||
42.12, Sec. 15(g).) | ||
Art. 42A.558. REVOCATION; OPTIONS REGARDING EXECUTION OF | ||
SENTENCE. (a) If in a state jail felony case a defendant violates a | ||
condition of community supervision imposed under this chapter and | ||
after a hearing under Article 42A.751(d) the judge revokes the | ||
defendant's community supervision, the judge shall dispose of the | ||
case in the manner provided by Article 42A.755. | ||
(b) The court retains jurisdiction over the defendant for | ||
the period during which the defendant is confined in a state jail | ||
felony facility. At any time after the 75th day after the date the | ||
defendant is received into the custody of a state jail felony | ||
facility, the judge on the judge's own motion, on the motion of the | ||
attorney representing the state, or on the motion of the defendant | ||
may suspend further execution of the sentence and place the | ||
defendant on community supervision under the conditions of this | ||
subchapter. | ||
(c) When the defendant or the attorney representing the | ||
state files a written motion requesting the judge to suspend | ||
further execution of the sentence and place the defendant on | ||
community supervision, the clerk of the court, if requested to do so | ||
by the judge, shall request a copy of the defendant's record while | ||
confined from the facility director of the state jail felony | ||
facility in which the defendant is confined or, if the defendant is | ||
confined in county jail, from the sheriff. On receipt of the | ||
request, the facility director or the sheriff shall forward a copy | ||
of the record to the judge as soon as possible. | ||
(d) When the defendant files a written motion requesting the | ||
judge to suspend further execution of the sentence and place the | ||
defendant on community supervision, the defendant shall | ||
immediately deliver or cause to be delivered a copy of the motion to | ||
the office of the attorney representing the state. The judge may | ||
deny the motion without holding a hearing but may not grant the | ||
motion without holding a hearing and providing the attorney | ||
representing the state and the defendant the opportunity to present | ||
evidence on the motion. (Code Crim. Proc., Art. 42.12, Sec. 15(f).) | ||
Art. 42A.559. CREDITS FOR TIME SERVED. (a) For purposes of | ||
this article, "diligent participation" includes: | ||
(1) successful completion of an educational, | ||
vocational, or treatment program; | ||
(2) progress toward successful completion of an | ||
educational, vocational, or treatment program that was interrupted | ||
by illness, injury, or another circumstance outside the control of | ||
the defendant; and | ||
(3) active involvement in a work program. | ||
(b) A defendant confined in a state jail felony facility | ||
does not earn good conduct time for time served in the facility but | ||
may be awarded diligent participation credit in accordance with | ||
Subsection (f). | ||
(c) A judge: | ||
(1) may credit against any time a defendant is | ||
required to serve in a state jail felony facility time served in a | ||
county jail from the time of the defendant's arrest and confinement | ||
until sentencing by the trial court; and | ||
(2) shall credit against any time a defendant is | ||
required to serve in a state jail felony facility time served before | ||
sentencing in a substance abuse felony punishment facility operated | ||
by the Texas Department of Criminal Justice under Section 493.009, | ||
Government Code, or other court-ordered residential program or | ||
facility as a condition of deferred adjudication community | ||
supervision, but only if the defendant successfully completes the | ||
treatment program in that facility. | ||
(d) A judge shall credit against any time a defendant is | ||
subsequently required to serve in a state jail felony facility | ||
after revocation of community supervision time served after | ||
sentencing: | ||
(1) in a state jail felony facility; or | ||
(2) in a substance abuse felony punishment facility | ||
operated by the Texas Department of Criminal Justice under Section | ||
493.009, Government Code, or other court-ordered residential | ||
program or facility if the defendant successfully completes the | ||
treatment program in that facility. | ||
(e) For a defendant who has participated in an educational, | ||
vocational, treatment, or work program while confined in a state | ||
jail felony facility, not later than the 30th day before the date on | ||
which the defendant will have served 80 percent of the defendant's | ||
sentence, the Texas Department of Criminal Justice shall report to | ||
the sentencing court the number of days during which the defendant | ||
diligently participated in any educational, vocational, treatment, | ||
or work program. The contents of a report submitted under this | ||
subsection are not subject to challenge by a defendant. | ||
(f) A judge, based on the report received under Subsection | ||
(e), may credit against any time a defendant is required to serve in | ||
a state jail felony facility additional time for each day the | ||
defendant actually served in the facility while diligently | ||
participating in an educational, vocational, treatment, or work | ||
program. A time credit under this subsection may not exceed | ||
one-fifth of the amount of time the defendant is originally | ||
required to serve in the facility. A defendant may not be awarded a | ||
time credit under this subsection for any period during which the | ||
defendant is subject to disciplinary action. A time credit under | ||
this subsection is a privilege and not a right. (Code Crim. Proc., | ||
Art. 42.12, Sec. 15(h).) | ||
Art. 42A.560. MEDICAL RELEASE. (a) If a defendant is | ||
convicted of a state jail felony and the sentence is executed, the | ||
judge sentencing the defendant may release the defendant to a | ||
medically suitable placement if the judge determines that the | ||
defendant does not constitute a threat to public safety and the | ||
Texas Correctional Office on Offenders with Medical or Mental | ||
Impairments: | ||
(1) in coordination with the Correctional Managed | ||
Health Care Committee, prepares a case summary and medical report | ||
that identifies the defendant as: | ||
(A) being a person who is elderly or terminally | ||
ill or a person with a physical disability; | ||
(B) being a person with mental illness or an | ||
intellectual disability; or | ||
(C) having a condition requiring long-term care; | ||
and | ||
(2) in cooperation with the community supervision and | ||
corrections department serving the sentencing court, prepares for | ||
the defendant a medically recommended intensive supervision and | ||
continuity of care plan that: | ||
(A) ensures appropriate supervision of the | ||
defendant by the community supervision and corrections department; | ||
and | ||
(B) requires the defendant to remain under the | ||
care of a physician at and reside in a medically suitable placement. | ||
(b) The Texas Correctional Office on Offenders with Medical | ||
or Mental Impairments shall submit to a judge who releases a | ||
defendant to an appropriate medical care facility under Subsection | ||
(a) a quarterly status report concerning the defendant's medical | ||
and treatment status. | ||
(c) If a defendant released to a medically suitable | ||
placement under Subsection (a) violates the terms of that release, | ||
the judge may dispose of the matter as provided by Articles 42A.556 | ||
and 42A.558(a). (Code Crim. Proc., Art. 42.12, Secs. 15(i), as | ||
added Acts 80th Leg., R.S., Ch. 1308, (j), as added Acts 80th Leg., | ||
R.S., Ch. 1308, (k).) | ||
Art. 42A.561. MEDICAL RELEASE. (a) If a defendant is | ||
convicted of a state jail felony and the sentence is executed, the | ||
judge sentencing the defendant may release the defendant to a | ||
medical care facility or medical treatment program if the Texas | ||
Correctional Office on Offenders with Medical or Mental | ||
Impairments: | ||
(1) identifies the defendant as: | ||
(A) being a person who is elderly or terminally | ||
ill or a person with a physical disability; | ||
(B) being a person with mental illness or an | ||
intellectual disability; or | ||
(C) having a condition requiring long-term care; | ||
and | ||
(2) in cooperation with the community supervision and | ||
corrections department serving the sentencing court, prepares for | ||
the defendant a medically recommended intensive supervision plan | ||
that: | ||
(A) ensures appropriate supervision of the | ||
defendant; and | ||
(B) requires the defendant to remain under the | ||
care of a physician at the facility or in the program. | ||
(b) If a defendant released to a medical care facility or | ||
medical treatment program under Subsection (a) violates the terms | ||
of that release, the judge may dispose of the matter as provided by | ||
Articles 42A.556 and 42A.558(a). (Code Crim. Proc., Art. 42.12, | ||
Secs. 15(i), as added Acts 80th Leg., R.S., Ch. 617, (j), as added | ||
Acts 80th Leg., R.S., Ch. 617.) | ||
SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES | ||
Art. 42A.601. DEFINITION. In this subchapter, "community | ||
corrections facility" has the meaning assigned by Section 509.001, | ||
Government Code. (Code Crim. Proc., Art. 42.12, Sec. 18(a).) | ||
Art. 42A.602. MAXIMUM TERM OR TERMS OF CONFINEMENT. (a) If | ||
a judge requires as a condition of community supervision or | ||
participation in a drug court program established under Chapter | ||
123, Government Code, or former law that the defendant serve a term | ||
of confinement in a community corrections facility, the term may | ||
not exceed 24 months. | ||
(b) A judge who requires as a condition of community | ||
supervision that the defendant serve a term of confinement in a | ||
community corrections facility may not impose a subsequent term of | ||
confinement in a community corrections facility or jail during the | ||
same supervision period that, if added to the terms previously | ||
imposed, exceeds 36 months. (Code Crim. Proc., Art. 42.12, Secs. | ||
18(b), (h).) | ||
Art. 42A.603. EFFECT OF REVOCATION ON CREDIT FOR TIME SPENT | ||
IN FACILITY. A defendant granted community supervision under this | ||
chapter and required as a condition of community supervision to | ||
serve a term of confinement under this subchapter may not earn good | ||
conduct credit for time spent in a community corrections facility | ||
or apply time spent in the facility toward completion of a prison | ||
sentence if the community supervision is revoked. (Code Crim. | ||
Proc., Art. 42.12, Sec. 18(c).) | ||
Art. 42A.604. EVALUATION OF DEFENDANT'S BEHAVIOR AND | ||
ATTITUDE. (a) As directed by the judge, the community corrections | ||
facility director shall file with the community supervision and | ||
corrections department director or administrator of a drug court | ||
program, as applicable, a copy of an evaluation made by the facility | ||
director of the defendant's behavior and attitude at the facility. | ||
The community supervision and corrections department director or | ||
program administrator shall examine the evaluation, make written | ||
comments on the evaluation that the director or administrator | ||
considers relevant, and file the evaluation and comments with the | ||
judge who granted community supervision to the defendant or placed | ||
the defendant in a drug court program. If the evaluation indicates | ||
that the defendant has made significant progress toward compliance | ||
with court-ordered conditions of community supervision or | ||
objectives of placement in the drug court program, as applicable, | ||
the judge may release the defendant from the community corrections | ||
facility. A defendant who served a term in the facility as a | ||
condition of community supervision shall serve the remainder of the | ||
defendant's community supervision under any terms and conditions | ||
the court imposes under this chapter. | ||
(b) Not later than 18 months after the date on which a | ||
defendant is granted community supervision under this chapter and | ||
required as a condition of community supervision to serve a term of | ||
confinement under this subchapter, the community corrections | ||
facility director shall file with the community supervision and | ||
corrections department director a copy of an evaluation made by the | ||
facility director of the defendant's behavior and attitude at the | ||
facility. The community supervision and corrections department | ||
director shall examine the evaluation, make written comments on the | ||
evaluation that the director considers relevant, and file the | ||
evaluation and comments with the judge who granted community | ||
supervision to the defendant. If the report indicates that the | ||
defendant has made significant progress toward court-ordered | ||
conditions of community supervision, the judge shall modify the | ||
judge's sentence and release the defendant in the same manner as | ||
provided by Subsection (a). If the report indicates that the | ||
defendant would benefit from continued participation in the | ||
community corrections facility program, the judge may order the | ||
defendant to remain at the community corrections facility for a | ||
period determined by the judge. If the report indicates that the | ||
defendant has not made significant progress toward rehabilitation, | ||
the judge may revoke community supervision and order the defendant | ||
to serve the term of confinement specified in the defendant's | ||
sentence. (Code Crim. Proc., Art. 42.12, Secs. 18(d), (e).) | ||
Art. 42A.605. PLACEMENT IN COMMUNITY SERVICE PROJECT. If | ||
ordered by the judge who placed the defendant on community | ||
supervision, a community corrections facility director shall | ||
attempt to place a defendant as a worker in a community service | ||
project of a type described by Article 42A.304. (Code Crim. Proc., | ||
Art. 42.12, Sec. 18(f).) | ||
Art. 42A.606. CONFINEMENT REQUIRED; EXCEPTIONS. A | ||
defendant participating in a program under this subchapter must be | ||
confined in the community corrections facility at all times except | ||
for time spent: | ||
(1) attending and traveling to and from: | ||
(A) an education or rehabilitation program as | ||
ordered by the court; or | ||
(B) a community service project; | ||
(2) away from the facility for purposes described by | ||
this subchapter; and | ||
(3) traveling to and from work, if applicable. (Code | ||
Crim. Proc., Art. 42.12, Sec. 18(g).) | ||
Art. 42A.607. DISPOSITION OF SALARY. If a defendant who is | ||
required as a condition of community supervision to serve a term of | ||
confinement under this subchapter is not required by the judge to | ||
deliver the defendant's salary to the restitution center director, | ||
the employer of the defendant shall deliver the salary to the | ||
director. The director shall deposit the salary into a fund to be | ||
given to the defendant on release after the director deducts: | ||
(1) the cost to the center for the defendant's food, | ||
housing, and supervision; | ||
(2) the necessary expense for the defendant's travel | ||
to and from work and community service projects, and other | ||
incidental expenses of the defendant; | ||
(3) support of the defendant's dependents; and | ||
(4) restitution to the victims of an offense committed | ||
by the defendant. (Code Crim. Proc., Art. 42.12, Sec. 18(i).) | ||
SUBCHAPTER N. PAYMENTS; FEES | ||
Art. 42A.651. PAYMENT AS CONDITION OF COMMUNITY | ||
SUPERVISION. (a) A judge may not order a defendant to make a | ||
payment as a term or condition of community supervision, except | ||
for: | ||
(1) the payment of fines, court costs, or restitution | ||
to the victim; or | ||
(2) a payment ordered as a condition that relates | ||
personally to the rehabilitation of the defendant or that is | ||
otherwise expressly authorized by law. | ||
(b) A defendant's obligation to pay a fine or court cost as | ||
ordered by a judge is independent of any requirement to pay the fine | ||
or court cost as a condition of the defendant's community | ||
supervision. A defendant remains obligated to pay any unpaid fine | ||
or court cost after the expiration of the defendant's period of | ||
community supervision. (Code Crim. Proc., Art. 42.12, Secs. 11(b) | ||
(part), (b-1).) | ||
Art. 42A.652. MONTHLY FEE. (a) Except as otherwise | ||
provided by this article, a judge who grants community supervision | ||
to a defendant shall set a fee of not less than $25 and not more than | ||
$60 to be paid each month during the period of community supervision | ||
by the defendant to: | ||
(1) the court of original jurisdiction; or | ||
(2) the court accepting jurisdiction of the | ||
defendant's case, if jurisdiction is transferred under Article | ||
42A.151. | ||
(b) The judge may make payment of the monthly fee a | ||
condition of granting or continuing the community supervision. The | ||
judge may waive or reduce the fee or suspend a monthly payment of | ||
the fee if the judge determines that payment of the fee would cause | ||
the defendant a significant financial hardship. | ||
(c) A court accepting jurisdiction of a defendant's case | ||
under Article 42A.151 shall enter an order directing the defendant | ||
to pay the monthly fee to that court instead of to the court of | ||
original jurisdiction. To the extent of any conflict between an | ||
order issued under this subsection and an order issued by a court of | ||
original jurisdiction, the order entered under this subsection | ||
prevails. | ||
(d) A judge who receives a defendant for supervision as | ||
authorized by Section 510.017, Government Code, may require the | ||
defendant to pay the fee authorized by this article. | ||
(e) A judge may not require a defendant to pay the fee under | ||
this article for any month after the period of community | ||
supervision has been terminated by the judge under Article 42A.701. | ||
(f) A judge shall deposit any fee received under this | ||
article in the special fund of the county treasury, to be used for | ||
the same purposes for which state aid may be used under Chapter 76, | ||
Government Code. (Code Crim. Proc., Art. 42.12, Secs. 19(a), | ||
(a-1), (b), (c) (part), (g).) | ||
Art. 42A.653. ADDITIONAL MONTHLY FEE FOR CERTAIN SEX | ||
OFFENDERS. (a) A judge who grants community supervision to a | ||
defendant convicted of an offense under Section 21.08, 21.11, | ||
22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require | ||
as a condition of community supervision that the defendant pay to | ||
the defendant's supervision officer a community supervision fee of | ||
$5 each month during the period of community supervision. | ||
(b) A fee imposed under this article is in addition to court | ||
costs or any other fee imposed on the defendant. | ||
(c) A community supervision and corrections department | ||
shall deposit a fee collected under this article to be sent to the | ||
comptroller as provided by Subchapter B, Chapter 133, Local | ||
Government Code. The comptroller shall deposit the fee in the | ||
sexual assault program fund under Section 420.008, Government Code. | ||
(d) If a community supervision and corrections department | ||
does not collect a fee imposed under this article, the department is | ||
not required to file any report required by the comptroller that | ||
relates to the collection of the fee. (Code Crim. Proc., Art. | ||
42.12, Secs. 19(e), (f), as amended Acts 78th Leg., R.S., Chs. 209, | ||
1310.) | ||
Art. 42A.654. FEES DUE ON CONVICTION. For the purpose of | ||
determining when fees due on conviction are to be paid to any | ||
officer, the placement of a defendant on community supervision is | ||
considered a final disposition of the case, without the necessity | ||
of waiting for the termination of the period of community | ||
supervision. (Code Crim. Proc., Art. 42.12, Sec. 19(d).) | ||
Art. 42A.655. ABILITY TO PAY. The court shall consider the | ||
defendant's ability to pay in ordering the defendant to make any | ||
payments under this chapter. (Code Crim. Proc., Art. 42.12, Sec. | ||
11(b) (part).) | ||
SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION | ||
PERIOD | ||
Art. 42A.701. REDUCTION OR TERMINATION OF COMMUNITY | ||
SUPERVISION PERIOD. (a) At any time after the defendant has | ||
satisfactorily completed one-third of the original community | ||
supervision period or two years of community supervision, whichever | ||
is less, the judge may reduce or terminate the period of community | ||
supervision. | ||
(b) On completion of one-half of the original community | ||
supervision period or two years of community supervision, whichever | ||
is more, the judge shall review the defendant's record and consider | ||
whether to reduce or terminate the period of community supervision, | ||
unless the defendant: | ||
(1) is delinquent in paying required costs, fines, | ||
fees, or restitution that the defendant has the ability to pay; or | ||
(2) has not completed court-ordered counseling or | ||
treatment. | ||
(c) Before reducing or terminating a period of community | ||
supervision or conducting a review under this article, the judge | ||
shall notify the attorney representing the state and the defendant | ||
or, if the defendant has an attorney, the defendant's attorney. | ||
(d) If the judge determines that the defendant has failed to | ||
satisfactorily fulfill the conditions of community supervision, | ||
the judge shall advise the defendant in writing of the requirements | ||
for satisfactorily fulfilling those conditions. | ||
(e) On the satisfactory fulfillment of the conditions of | ||
community supervision and the expiration of the period of community | ||
supervision, the judge by order shall: | ||
(1) amend or modify the original sentence imposed, if | ||
necessary, to conform to the community supervision period; and | ||
(2) discharge the defendant. | ||
(f) If the judge discharges the defendant under this | ||
article, the judge may set aside the verdict or permit the defendant | ||
to withdraw the defendant's plea. A judge acting under this | ||
subsection shall dismiss the accusation, complaint, information, | ||
or indictment against the defendant. A defendant who receives a | ||
discharge and dismissal under this subsection is released from all | ||
penalties and disabilities resulting from the offense of which the | ||
defendant has been convicted or to which the defendant has pleaded | ||
guilty, except that: | ||
(1) proof of the conviction or plea of guilty shall be | ||
made known to the judge if the defendant is convicted of any | ||
subsequent offense; and | ||
(2) if the defendant is an applicant for or the holder | ||
of a license under Chapter 42, Human Resources Code, the Department | ||
of Family and Protective Services may consider the fact that the | ||
defendant previously has received community supervision under this | ||
chapter in issuing, renewing, denying, or revoking a license under | ||
Chapter 42, Human Resources Code. | ||
(g) This article does not apply to a defendant convicted of: | ||
(1) an offense under Sections 49.04-49.08, Penal Code; | ||
(2) an offense the conviction of which requires | ||
registration as a sex offender under Chapter 62; or | ||
(3) a felony described by Article 42A.054. (Code | ||
Crim. Proc., Art. 42.12, Sec. 20.) | ||
Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN | ||
CONDITIONS OF COMMUNITY SUPERVISION. (a) This article applies | ||
only to a defendant who: | ||
(1) is granted community supervision, including | ||
deferred adjudication community supervision, for an offense | ||
punishable as a state jail felony or a felony of the third degree, | ||
other than an offense: | ||
(A) included as a "reportable conviction or | ||
adjudication" under Article 62.001(5); | ||
(B) involving family violence as defined by | ||
Section 71.004, Family Code; | ||
(C) under Section 20.03 or 28.02, Penal Code; or | ||
(D) under Chapter 49, Penal Code; | ||
(2) is not delinquent in paying required costs, fines, | ||
or fees; and | ||
(3) has fully satisfied any order to pay restitution | ||
to a victim. | ||
(b) A defendant described by Subsection (a) is entitled to | ||
receive any combination of time credits toward the completion of | ||
the defendant's period of community supervision in accordance with | ||
this article if the court ordered the defendant as a condition of | ||
community supervision to: | ||
(1) make a payment described by Subsection (c); | ||
(2) complete a treatment or rehabilitation program | ||
described by Subsection (d); or | ||
(3) earn a diploma, certificate, or degree described | ||
by Subsection (e). | ||
(c) A defendant is entitled to time credits toward the | ||
completion of the defendant's period of community supervision for | ||
the full payment of court costs, fines, attorney's fees, and | ||
restitution as follows: | ||
(1) court costs: 15 days; | ||
(2) fines: 30 days; | ||
(3) attorney's fees: 30 days; and | ||
(4) restitution: 60 days. | ||
(d) A defendant is entitled to time credits toward the | ||
completion of the defendant's period of community supervision for | ||
the successful completion of treatment or rehabilitation programs | ||
as follows: | ||
(1) parenting class or parental responsibility | ||
program: 30 days; | ||
(2) anger management program: 30 days; | ||
(3) life skills training program: 30 days; | ||
(4) vocational, technical, or career education or | ||
training program: 60 days; and | ||
(5) alcohol or substance abuse counseling or | ||
treatment: 90 days. | ||
(e) A defendant is entitled to time credits toward the | ||
completion of the defendant's period of community supervision for | ||
earning the following diplomas, certificates, or degrees: | ||
(1) a high school diploma or high school equivalency | ||
certificate: 90 days; and | ||
(2) an associate's degree: 120 days. | ||
(f) A defendant's supervision officer shall notify the | ||
court if one or more time credits under this article, cumulated with | ||
the amount of the original community supervision period the | ||
defendant has completed, allow or require the court to conduct a | ||
review of the defendant's community supervision under Article | ||
42A.701. On receipt of the notice from the supervision officer, the | ||
court shall conduct the review of the defendant's community | ||
supervision to determine if the defendant is eligible for a | ||
reduction or termination of community supervision under Article | ||
42A.701, taking into account any time credits to which the | ||
defendant is entitled under this article in determining if the | ||
defendant has completed, as applicable: | ||
(1) the lesser of one-third of the original community | ||
supervision period or two years of community supervision; or | ||
(2) the greater of one-half of the original community | ||
supervision period or two years of community supervision. | ||
(g) A court may order that some or all of the time credits to | ||
which a defendant is entitled under this article be forfeited if, | ||
before the expiration of the original period or a reduced period of | ||
community supervision, the court: | ||
(1) after a hearing under Article 42A.751(d), finds | ||
that a defendant violated one or more conditions of community | ||
supervision; and | ||
(2) modifies or continues the defendant's period of | ||
community supervision under Article 42A.752 or revokes the | ||
defendant's community supervision under Article 42A.755. (Code | ||
Crim. Proc., Art. 42.12, Sec. 20A.) | ||
SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS | ||
Art. 42A.751. VIOLATION OF CONDITIONS OF COMMUNITY | ||
SUPERVISION; DETENTION AND HEARING. (a) At any time during the | ||
period of community supervision, the judge may issue a warrant for a | ||
violation of any condition of community supervision and cause a | ||
defendant convicted under Section 43.02, Penal Code, Chapter 481, | ||
Health and Safety Code, or Sections 485.031 through 485.035, Health | ||
and Safety Code, or placed on deferred adjudication community | ||
supervision after being charged with one of those offenses, to be | ||
subject to: | ||
(1) the control measures of Section 81.083, Health and | ||
Safety Code; and | ||
(2) the court-ordered-management provisions of | ||
Subchapter G, Chapter 81, Health and Safety Code. | ||
(b) At any time during the period of community supervision, | ||
the judge may issue a warrant for a violation of any condition of | ||
community supervision and cause the defendant to be arrested. Any | ||
supervision officer, police officer, or other officer with the | ||
power of arrest may arrest the defendant with or without a warrant | ||
on the order of the judge to be noted on the docket of the court. | ||
Subject to Subsection (c), a defendant arrested under this | ||
subsection may be detained in the county jail or other appropriate | ||
place of confinement until the defendant can be taken before the | ||
judge for a determination regarding the alleged violation. The | ||
arresting officer shall immediately report the arrest and detention | ||
to the judge. | ||
(c) Without any unnecessary delay, but not later than 48 | ||
hours after the defendant is arrested, the arresting officer or the | ||
person with custody of the defendant shall take the defendant | ||
before the judge who ordered the arrest for the alleged violation of | ||
a condition of community supervision or, if the judge is | ||
unavailable, before a magistrate of the county in which the | ||
defendant was arrested. The judge or magistrate shall perform all | ||
appropriate duties and may exercise all appropriate powers as | ||
provided by Article 15.17 with respect to an arrest for a new | ||
offense, except that only the judge who ordered the arrest for the | ||
alleged violation may authorize the defendant's release on | ||
bail. The defendant may be taken before the judge or magistrate | ||
under this subsection by means of an electronic broadcast system as | ||
provided by and subject to the requirements of Article 15.17. | ||
(d) If the defendant has not been released on bail as | ||
permitted under Subsection (c), on motion by the defendant, the | ||
judge who ordered the arrest for the alleged violation of a | ||
condition of community supervision shall cause the defendant to be | ||
brought before the judge for a hearing on the alleged violation | ||
within 20 days of the date the motion is filed. After a hearing | ||
without a jury, the judge may continue, extend, modify, or revoke | ||
the community supervision. | ||
(e) A judge may revoke without a hearing the community | ||
supervision of a defendant who is imprisoned in a penal institution | ||
if the defendant in writing before a court of record in the | ||
jurisdiction where the defendant is imprisoned: | ||
(1) waives the defendant's right to a hearing and to | ||
counsel; | ||
(2) affirms that the defendant has nothing to say as to | ||
why sentence should not be pronounced against the defendant; and | ||
(3) requests the judge to revoke community supervision | ||
and to pronounce sentence. | ||
(f) In a felony case, the state may amend the motion to | ||
revoke community supervision at any time before the seventh day | ||
before the date of the revocation hearing, after which time the | ||
motion may not be amended except for good cause shown. The state | ||
may not amend the motion after the commencement of taking evidence | ||
at the revocation hearing. | ||
(g) The judge may continue the revocation hearing for good | ||
cause shown by either the defendant or the state. | ||
(h) The court may not revoke the community supervision of a | ||
defendant if, at the revocation hearing, the court finds that the | ||
only evidence supporting the alleged violation of a condition of | ||
community supervision is the uncorroborated results of a polygraph | ||
examination. | ||
(i) In a revocation hearing at which it is alleged only that | ||
the defendant violated the conditions of community supervision by | ||
failing to pay compensation paid to appointed counsel, community | ||
supervision fees, or court costs, the state must prove by a | ||
preponderance of the evidence that the defendant was able to pay and | ||
did not pay as ordered by the judge. | ||
(j) The court may order a community supervision and | ||
corrections department to obtain information pertaining to the | ||
factors listed under Article 42.037(h) and include that information | ||
in the presentence report required under Article 42A.252(a) or a | ||
separate report, as the court directs. | ||
(k) A defendant has a right to counsel at a hearing under | ||
this article. The court shall appoint counsel for an indigent | ||
defendant in accordance with the procedures adopted under Article | ||
26.04. | ||
(l) A court retains jurisdiction to hold a hearing under | ||
Subsection (d) and to revoke, continue, or modify community | ||
supervision, regardless of whether the period of community | ||
supervision imposed on the defendant has expired, if before the | ||
expiration of the supervision period: | ||
(1) the attorney representing the state files a motion | ||
to revoke, continue, or modify community supervision; and | ||
(2) a capias is issued for the arrest of the defendant. | ||
(Code Crim. Proc., Art. 42.12, Sec. 21.) | ||
Art. 42A.752. CONTINUATION OR MODIFICATION OF COMMUNITY | ||
SUPERVISION AFTER VIOLATION. (a) If after a hearing under Article | ||
42A.751(d) a judge continues or modifies community supervision | ||
after determining that the defendant violated a condition of | ||
community supervision, the judge may impose any other conditions | ||
the judge determines are appropriate, including: | ||
(1) a requirement that the defendant perform community | ||
service for a number of hours specified by the court under Article | ||
42A.304, or an increase in the number of hours that the defendant | ||
has previously been required to perform under that article in an | ||
amount not to exceed double the number of hours permitted by that | ||
article; | ||
(2) an extension of the period of community | ||
supervision, in the manner described by Article 42A.753; | ||
(3) an increase in the defendant's fine, in the manner | ||
described by Subsection (b); or | ||
(4) the placement of the defendant in a substance | ||
abuse felony punishment program operated under Section 493.009, | ||
Government Code, if: | ||
(A) the defendant is convicted of a felony other | ||
than: | ||
(i) a felony under Section 21.11, 22.011, | ||
or 22.021, Penal Code; or | ||
(ii) criminal attempt of a felony under | ||
Section 21.11, 22.011, or 22.021, Penal Code; and | ||
(B) the judge makes an affirmative finding that: | ||
(i) drug or alcohol abuse significantly | ||
contributed to the commission of the offense or violation of a | ||
condition of community supervision, as applicable; and | ||
(ii) the defendant is a suitable candidate | ||
for treatment, as determined by the suitability criteria | ||
established by the Texas Board of Criminal Justice under Section | ||
493.009(b), Government Code. | ||
(b) A judge may impose a sanction on a defendant described | ||
by Subsection (a)(3) by increasing the fine imposed on the | ||
defendant. The original fine imposed on the defendant and an | ||
increase in the fine imposed under this subsection may not exceed | ||
the maximum fine for the offense for which the defendant was | ||
sentenced. The judge shall deposit money received from an increase | ||
in the defendant's fine under this subsection in the special fund of | ||
the county treasury to be used for the same purposes for which state | ||
aid may be used under Chapter 76, Government Code. | ||
(c) If the judge imposes a sanction under Subsection (a)(4), | ||
the judge shall also impose a condition requiring the defendant on | ||
successful completion of the program to participate in a drug or | ||
alcohol abuse continuum of care treatment plan. (Code Crim. Proc., | ||
Art. 42.12, Secs. 22(a), (b), (d).) | ||
Art. 42A.753. EXTENSION OF COMMUNITY SUPERVISION AFTER | ||
VIOLATION. (a) On a showing of good cause, the judge may extend a | ||
period of community supervision under Article 42A.752(a)(2) as | ||
frequently as the judge determines is necessary, but the period of | ||
community supervision in a first, second, or third degree felony | ||
case may not exceed 10 years and, except as otherwise provided by | ||
Subsection (b), the period of community supervision in a | ||
misdemeanor case may not exceed three years. | ||
(b) The judge may extend the period of community supervision | ||
in a misdemeanor case for any period the judge determines is | ||
necessary, not to exceed an additional two years beyond the | ||
three-year limit provided by Subsection (a), if: | ||
(1) the defendant fails to pay a previously assessed | ||
fine, cost, or restitution; and | ||
(2) the judge determines that extending the | ||
supervision period increases the likelihood that the defendant will | ||
fully pay the fine, cost, or restitution. | ||
(c) A court may extend a period of community supervision | ||
under Article 42A.752(a)(2): | ||
(1) at any time during the supervision period; or | ||
(2) before the first anniversary of the date the | ||
supervision period ends, if a motion for revocation of community | ||
supervision is filed before the date the supervision period ends. | ||
(Code Crim. Proc., Art. 42.12, Sec. 22(c).) | ||
Art. 42A.754. AUTHORITY TO REVOKE COMMUNITY SUPERVISION. | ||
Only the court in which the defendant was tried may revoke the | ||
defendant's community supervision unless the judge has transferred | ||
jurisdiction of the case to another court under Article 42A.151. | ||
(Code Crim. Proc., Art. 42.12, Sec. 10(a) (part).) | ||
Art. 42A.755. REVOCATION OF COMMUNITY SUPERVISION. (a) If | ||
community supervision is revoked after a hearing under Article | ||
42A.751(d), the judge may: | ||
(1) proceed to dispose of the case as if there had been | ||
no community supervision; or | ||
(2) if the judge determines that the best interests of | ||
society and the defendant would be served by a shorter term of | ||
confinement, reduce the term of confinement originally assessed to | ||
any term of confinement not less than the minimum prescribed for the | ||
offense of which the defendant was convicted. | ||
(b) The judge shall enter in the judgment in the case the | ||
amount of restitution owed by the defendant on the date of | ||
revocation. | ||
(c) Except as otherwise provided by Subsection (d), no part | ||
of the period that the defendant is on community supervision may be | ||
considered as any part of the term that the defendant is sentenced | ||
to serve. | ||
(d) On revocation, the judge shall credit to the defendant | ||
time served as a condition of community supervision in a substance | ||
abuse felony punishment facility operated by the Texas Department | ||
of Criminal Justice under Section 493.009, Government Code, or | ||
other court-ordered residential program or facility, but only if | ||
the defendant successfully completes the treatment program in that | ||
facility. | ||
(e) The right of the defendant to appeal for a review of the | ||
conviction and punishment, as provided by law, shall be accorded | ||
the defendant at the time the defendant is placed on community | ||
supervision. When the defendant is notified that the defendant's | ||
community supervision is revoked for a violation of the conditions | ||
of community supervision and the defendant is called on to serve a | ||
sentence in a jail or in the Texas Department of Criminal Justice, | ||
the defendant may appeal the revocation. (Code Crim. Proc., | ||
Art. 42.12, Sec. 23.) | ||
Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a | ||
hearing under Article 42A.751(d), it is an affirmative defense to | ||
revocation for an alleged violation based on a failure to report to | ||
a supervision officer as directed or to remain within a specified | ||
place that no supervision officer, peace officer, or other officer | ||
with the power of arrest under a warrant issued by a judge for that | ||
alleged violation contacted or attempted to contact the defendant | ||
in person at the defendant's last known residence address or last | ||
known employment address, as reflected in the files of the | ||
department serving the county in which the order of deferred | ||
adjudication community supervision was entered. (Code Crim. Proc., | ||
Art. 42.12, Sec. 24 (part).) | ||
Art. 42A.757. EXTENSION OF COMMUNITY SUPERVISION FOR | ||
CERTAIN SEX OFFENDERS. (a) If a defendant is placed on deferred | ||
adjudication community supervision after being convicted of an | ||
offense under Section 21.11, 22.011, or 22.021, Penal Code, at any | ||
time during the period of community supervision, the judge may | ||
extend the period of community supervision as provided by this | ||
article. | ||
(b) At a hearing at which the defendant is provided the same | ||
rights as are provided to a defendant at a hearing under Article | ||
42A.751(d), the judge may extend the defendant's supervision period | ||
for a period not to exceed 10 additional years if the judge | ||
determines that: | ||
(1) the defendant has not sufficiently demonstrated a | ||
commitment to avoid future criminal behavior; and | ||
(2) the release of the defendant from supervision | ||
would endanger the public. | ||
(c) A judge may extend a period of community supervision | ||
under this article only once. | ||
(d) A judge may extend a period of community supervision for | ||
a defendant under both Article 42A.752(a)(2) and this article. | ||
(e) The prohibition in Article 42A.753(a) against a period | ||
of community supervision in a felony case exceeding 10 years does | ||
not apply to a defendant for whom community supervision is | ||
increased under this article or under both Article 42A.752(a)(2) and this article. (Code Crim. Proc., Art. 42.12, Sec. 22A.) | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. Sections 106.06(d) and (e), Alcoholic | ||
Beverage Code, are amended to read as follows: | ||
(d) A judge, acting under Chapter 42A [ |
||
of Criminal Procedure, who places a defendant charged with an | ||
offense under this section on community supervision under that | ||
chapter [ |
||
a gathering where participants were involved in the abuse of | ||
alcohol, including binge drinking or forcing or coercing | ||
individuals to consume alcohol, in addition to any other condition | ||
imposed by the judge: | ||
(1) require the defendant to: | ||
(A) perform community service for not less than | ||
20 or more than 40 hours; and | ||
(B) attend an alcohol awareness program approved | ||
under Section 106.115; and | ||
(2) order the Department of Public Safety to suspend | ||
the driver's license or permit of the defendant or, if the defendant | ||
does not have a driver's license or permit, to deny the issuance of | ||
a driver's license or permit to the defendant for 180 days. | ||
(e) Community service ordered under Subsection (d) is in | ||
addition to any community service ordered by the judge under | ||
Article 42A.304 [ |
||
Procedure, and must be related to education about or prevention of | ||
misuse of alcohol if programs or services providing that education | ||
are available in the community in which the court is located. If | ||
programs or services providing that education are not available, | ||
the court may order community service that the court considers | ||
appropriate for rehabilitative purposes. | ||
SECTION 2.02. Section 142.002(b), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(b) This section does not preclude a cause of action for | ||
negligent hiring or the failure of an employer, general contractor, | ||
premises owner, or other third party to provide adequate | ||
supervision of an employee, if: | ||
(1) the employer, general contractor, premises owner, | ||
or other third party knew or should have known of the conviction; | ||
and | ||
(2) the employee was convicted of: | ||
(A) an offense that was committed while | ||
performing duties substantially similar to those reasonably | ||
expected to be performed in the employment, or under conditions | ||
substantially similar to those reasonably expected to be | ||
encountered in the employment, taking into consideration the | ||
factors listed in Sections 53.022 and 53.023(a), Occupations Code, | ||
without regard to whether the occupation requires a license; | ||
(B) an offense listed in Article 42A.054 [ |
||
|
||
(C) a sexually violent offense, as defined by | ||
Article 62.001, Code of Criminal Procedure. | ||
SECTION 2.03. Section 152.003(c), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(c) A criminal case may not be referred to the system if the | ||
defendant is charged with or convicted of an offense listed in | ||
Article 42A.054(a) [ |
||
Criminal Procedure, or convicted of an offense, the judgment for | ||
which contains an affirmative finding under Article 42A.054(c) or | ||
(d) [ |
||
SECTION 2.04. Article 5.08, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES. | ||
Notwithstanding Article 26.13(g) or 42A.301(15) [ |
||
|
||
arising from family violence, as that term is defined by Section | ||
71.004, Family Code, a court shall not refer or order the victim or | ||
the defendant involved to mediation, dispute resolution, | ||
arbitration, or other similar procedures. | ||
SECTION 2.05. Article 17.091, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED. | ||
Before a judge or magistrate reduces the amount of bail set for a | ||
defendant charged with an offense listed in Article 42A.054 | ||
[ |
||
62.001(5), or an offense under Section 20A.03, Penal Code, the | ||
judge or magistrate shall provide: | ||
(1) to the attorney representing the state, reasonable | ||
notice of the proposed bail reduction; and | ||
(2) on request of the attorney representing the state | ||
or the defendant or the defendant's counsel, an opportunity for a | ||
hearing concerning the proposed bail reduction. | ||
SECTION 2.06. Article 26.052(d)(3), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(3) The standards must require that an attorney | ||
appointed as lead appellate counsel in the direct appeal of a | ||
capital case: | ||
(A) be a member of the State Bar of Texas; | ||
(B) exhibit proficiency and commitment to | ||
providing quality representation to defendants in death penalty | ||
cases; | ||
(C) have not been found by a federal or state | ||
court to have rendered ineffective assistance of counsel during the | ||
trial or appeal of any capital case, unless the local selection | ||
committee determines under Subsection (n) that the conduct | ||
underlying the finding no longer accurately reflects the attorney's | ||
ability to provide effective representation; | ||
(D) have at least five years of criminal law | ||
experience; | ||
(E) have authored a significant number of | ||
appellate briefs, including appellate briefs for homicide cases and | ||
other cases involving an offense punishable as a capital felony or a | ||
felony of the first degree or an offense described by Article | ||
42A.054(a) [ |
||
(F) have trial or appellate experience in: | ||
(i) the use of and challenges to mental | ||
health or forensic expert witnesses; and | ||
(ii) the use of mitigating evidence at the | ||
penalty phase of a death penalty trial; and | ||
(G) have participated in continuing legal | ||
education courses or other training relating to criminal defense in | ||
appealing death penalty cases. | ||
SECTION 2.07. Section 3(d), Article 37.07, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(d) When the judge assesses the punishment, the judge [ |
||
may order a presentence [ |
||
in Subchapter F, Chapter 42A, [ |
||
|
||
evidence hereinabove provided for, the judge [ |
||
announce the judge's [ |
||
punishment to be assessed. | ||
SECTION 2.08. Sections 4(a), (b), and (c), Article 37.07, | ||
Code of Criminal Procedure, are amended to read as follows: | ||
(a) In the penalty phase of the trial of a felony case in | ||
which the punishment is to be assessed by the jury rather than the | ||
court, if the offense of which the jury has found the defendant | ||
guilty is an offense under Section 71.02, Penal Code, other than an | ||
offense punishable as a state jail felony under that section, an | ||
offense under Section 71.023, Penal Code, or an offense listed in | ||
Article 42A.054(a) [ |
||
judgment contains an affirmative finding under Article 42A.054(c) | ||
or (d) [ |
||
been convicted of an offense under Section 21.02, Penal Code, an | ||
offense under Section 22.021, Penal Code, that is punishable under | ||
Subsection (f) of that section, or a capital felony, the court shall | ||
charge the jury in writing as follows: | ||
"Under the law applicable in this case, the defendant, if | ||
sentenced to a term of imprisonment, may earn time off the period of | ||
incarceration imposed through the award of good conduct time. | ||
Prison authorities may award good conduct time to a prisoner who | ||
exhibits good behavior, diligence in carrying out prison work | ||
assignments, and attempts at rehabilitation. If a prisoner engages | ||
in misconduct, prison authorities may also take away all or part of | ||
any good conduct time earned by the prisoner. | ||
"It is also possible that the length of time for which the | ||
defendant will be imprisoned might be reduced by the award of | ||
parole. | ||
"Under the law applicable in this case, if the defendant is | ||
sentenced to a term of imprisonment, the defendant will not become | ||
eligible for parole until the actual time served equals one-half of | ||
the sentence imposed or 30 years, whichever is less, without | ||
consideration of any good conduct time the defendant may earn. If | ||
the defendant is sentenced to a term of less than four years, the | ||
defendant must serve at least two years before the defendant is | ||
eligible for parole. Eligibility for parole does not guarantee | ||
that parole will be granted. | ||
"It cannot accurately be predicted how the parole law and | ||
good conduct time might be applied to this defendant if sentenced to | ||
a term of imprisonment, because the application of these laws will | ||
depend on decisions made by prison and parole authorities. | ||
"You may consider the existence of the parole law and good | ||
conduct time. However, you are not to consider the extent to which | ||
good conduct time may be awarded to or forfeited by this particular | ||
defendant. You are not to consider the manner in which the parole | ||
law may be applied to this particular defendant." | ||
(b) In the penalty phase of the trial of a felony case in | ||
which the punishment is to be assessed by the jury rather than the | ||
court, if the offense is punishable as a felony of the first degree, | ||
if a prior conviction has been alleged for enhancement of | ||
punishment as provided by Section 12.42(b), (c)(1) or (2), or (d), | ||
Penal Code, or if the offense is a felony not designated as a | ||
capital felony or a felony of the first, second, or third degree and | ||
the maximum term of imprisonment that may be imposed for the offense | ||
is longer than 60 years, unless the offense of which the jury has | ||
found the defendant guilty is an offense that is punishable under | ||
Section 21.02(h), Penal Code, or is listed in Article 42A.054(a) | ||
[ |
||
contains an affirmative finding under Article 42A.054(c) or (d) | ||
[ |
||
charge the jury in writing as follows: | ||
"Under the law applicable in this case, the defendant, if | ||
sentenced to a term of imprisonment, may earn time off the period of | ||
incarceration imposed through the award of good conduct time. | ||
Prison authorities may award good conduct time to a prisoner who | ||
exhibits good behavior, diligence in carrying out prison work | ||
assignments, and attempts at rehabilitation. If a prisoner engages | ||
in misconduct, prison authorities may also take away all or part of | ||
any good conduct time earned by the prisoner. | ||
"It is also possible that the length of time for which the | ||
defendant will be imprisoned might be reduced by the award of | ||
parole. | ||
"Under the law applicable in this case, if the defendant is | ||
sentenced to a term of imprisonment, he will not become eligible for | ||
parole until the actual time served plus any good conduct time | ||
earned equals one-fourth of the sentence imposed or 15 years, | ||
whichever is less. Eligibility for parole does not guarantee that | ||
parole will be granted. | ||
"It cannot accurately be predicted how the parole law and | ||
good conduct time might be applied to this defendant if he is | ||
sentenced to a term of imprisonment, because the application of | ||
these laws will depend on decisions made by prison and parole | ||
authorities. | ||
"You may consider the existence of the parole law and good | ||
conduct time. However, you are not to consider the extent to which | ||
good conduct time may be awarded to or forfeited by this particular | ||
defendant. You are not to consider the manner in which the parole | ||
law may be applied to this particular defendant." | ||
(c) In the penalty phase of the trial of a felony case in | ||
which the punishment is to be assessed by the jury rather than the | ||
court, if the offense is punishable as a felony of the second or | ||
third degree, if a prior conviction has been alleged for | ||
enhancement as provided by Section 12.42(a), Penal Code, or if the | ||
offense is a felony not designated as a capital felony or a felony | ||
of the first, second, or third degree and the maximum term of | ||
imprisonment that may be imposed for the offense is 60 years or | ||
less, unless the offense of which the jury has found the defendant | ||
guilty is listed in Article 42A.054(a) [ |
||
|
||
finding under Article 42A.054(c) or (d) [ |
||
|
||
follows: | ||
"Under the law applicable in this case, the defendant, if | ||
sentenced to a term of imprisonment, may earn time off the period of | ||
incarceration imposed through the award of good conduct time. | ||
Prison authorities may award good conduct time to a prisoner who | ||
exhibits good behavior, diligence in carrying out prison work | ||
assignments, and attempts at rehabilitation. If a prisoner engages | ||
in misconduct, prison authorities may also take away all or part of | ||
any good conduct time earned by the prisoner. | ||
"It is also possible that the length of time for which the | ||
defendant will be imprisoned might be reduced by the award of | ||
parole. | ||
"Under the law applicable in this case, if the defendant is | ||
sentenced to a term of imprisonment, he will not become eligible for | ||
parole until the actual time served plus any good conduct time | ||
earned equals one-fourth of the sentence imposed. Eligibility for | ||
parole does not guarantee that parole will be granted. | ||
"It cannot accurately be predicted how the parole law and | ||
good conduct time might be applied to this defendant if he is | ||
sentenced to a term of imprisonment, because the application of | ||
these laws will depend on decisions made by prison and parole | ||
authorities. | ||
"You may consider the existence of the parole law and good | ||
conduct time. However, you are not to consider the extent to which | ||
good conduct time may be awarded to or forfeited by this particular | ||
defendant. You are not to consider the manner in which the parole | ||
law may be applied to this particular defendant." | ||
SECTION 2.09. Section 1, Article 38.33, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. The court shall order that a defendant who is | ||
convicted of a felony or a misdemeanor offense that is punishable by | ||
confinement in jail have a thumbprint of the defendant's right | ||
thumb rolled legibly on the judgment or the docket sheet in the | ||
case. The court shall order a defendant who is placed on deferred | ||
adjudication community supervision [ |
||
Chapter 42A [ |
||
|
||
thumbprint of the defendant's right thumb rolled legibly on the | ||
order placing the defendant on deferred adjudication community | ||
supervision [ |
||
thumb, the defendant must have a thumbprint of the defendant's left | ||
thumb rolled legibly on the judgment, order, or docket sheet. The | ||
defendant must have a fingerprint of the defendant's index finger | ||
rolled legibly on the judgment, order, or docket sheet if the | ||
defendant does not have a right thumb or a left thumb. The | ||
judgment, order, or docket sheet must contain a statement that | ||
describes from which thumb or finger the print was taken, unless a | ||
rolled 10-finger print set was taken. A clerk or bailiff of the | ||
court or other person qualified to take fingerprints shall take the | ||
thumbprint or fingerprint, either by use of the ink-rolled print | ||
method or by use of a live-scanning device that prints the | ||
thumbprint or fingerprint image on the judgment, order, or docket | ||
sheet. | ||
SECTION 2.10. Section 1, Article 42.01, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. A judgment is the written declaration of the court | ||
signed by the trial judge and entered of record showing the | ||
conviction or acquittal of the defendant. The sentence served | ||
shall be based on the information contained in the judgment. The | ||
judgment shall reflect: | ||
1. The title and number of the case; | ||
2. That the case was called and the parties appeared, | ||
naming the attorney for the state, the defendant, and the attorney | ||
for the defendant, or, where a defendant is not represented by | ||
counsel, that the defendant knowingly, intelligently, and | ||
voluntarily waived the right to representation by counsel; | ||
3. The plea or pleas of the defendant to the offense | ||
charged; | ||
4. Whether the case was tried before a jury or a jury | ||
was waived; | ||
5. The submission of the evidence, if any; | ||
6. In cases tried before a jury that the jury was | ||
charged by the court; | ||
7. The verdict or verdicts of the jury or the finding | ||
or findings of the court; | ||
8. In the event of a conviction that the defendant is | ||
adjudged guilty of the offense as found by the verdict of the jury | ||
or the finding of the court, and that the defendant be punished in | ||
accordance with the jury's verdict or the court's finding as to the | ||
proper punishment; | ||
9. In the event of conviction where death or any | ||
punishment is assessed that the defendant be sentenced to death, a | ||
term of confinement or community supervision, or to pay a fine, as | ||
the case may be; | ||
10. In the event of conviction where the imposition of | ||
sentence is suspended and the defendant is placed on community | ||
supervision, setting forth the punishment assessed, the length of | ||
community supervision, and the conditions of community | ||
supervision; | ||
11. In the event of acquittal that the defendant be | ||
discharged; | ||
12. The county and court in which the case was tried | ||
and, if there was a change of venue in the case, the name of the | ||
county in which the prosecution was originated; | ||
13. The offense or offenses for which the defendant | ||
was convicted; | ||
14. The date of the offense or offenses and degree of | ||
offense for which the defendant was convicted; | ||
15. The term of sentence; | ||
16. The date judgment is entered; | ||
17. The date sentence is imposed; | ||
18. The date sentence is to commence and any credit for | ||
time served; | ||
19. The terms of any order entered pursuant to Article | ||
42.08 [ |
||
cumulatively or concurrently with another sentence or sentences; | ||
20. The terms of any plea bargain; | ||
21. Affirmative findings entered pursuant to Article | ||
42A.054(c) or (d) [ |
||
|
||
22. The terms of any fee payment ordered under Article | ||
42.151 [ |
||
23. The defendant's thumbprint taken in accordance | ||
with Article 38.33 [ |
||
24. In the event that the judge orders the defendant to | ||
repay a reward or part of a reward under Articles 37.073 and 42.152 | ||
[ |
||
required to be made; | ||
25. In the event that the court orders restitution to | ||
be paid to the victim, a statement of the amount of restitution | ||
ordered and: | ||
(A) the name and address of a person or agency | ||
that will accept and forward restitution payments to the victim; or | ||
(B) if the court specifically elects to have | ||
payments made directly to the crime victim, the name and permanent | ||
address of the victim at the time of judgment; | ||
26. In the event that a presentence investigation is | ||
required by Subchapter F, Chapter 42A [ |
||
|
||
investigation was done according to the applicable provision; | ||
27. In the event of conviction of an offense for which | ||
registration as a sex offender is required under Chapter 62, a | ||
statement that the registration requirement of that chapter applies | ||
to the defendant and a statement of the age of the victim of the | ||
offense; | ||
28. The defendant's state identification number | ||
required by Section 60.052(a)(2), if that number has been assigned | ||
at the time of the judgment; and | ||
29. The incident number required by Section | ||
60.052(a)(4), if that number has been assigned at the time of the | ||
judgment. | ||
SECTION 2.11. Article 42.025(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) A judge may, at a secondary school, receive a plea of | ||
guilty or nolo contendere from a defendant charged with an offense | ||
described by Subsection (a) and place the defendant on deferred | ||
adjudication under Subchapter C, Chapter 42A [ |
||
|
||
(1) the judge makes the determination that the | ||
proceeding would have educational value, as provided by Subsection | ||
(a)(1); | ||
(2) the defendant and the school agree to the location | ||
of the proceeding, as provided by Subsections (a)(2) and (3); and | ||
(3) appropriate measures are taken in regard to the | ||
safety of students and the rights of the defendant, as described by | ||
Subsection (a)(4). | ||
SECTION 2.12. Section 2(b), Article 42.03, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) In all revocations of a suspension of the imposition of | ||
a sentence the judge shall enter the restitution [ |
||
due and owing on the date of the revocation. | ||
SECTION 2.13. Articles 42.037(i) and (j), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(i) In addition to any other terms and conditions of | ||
community supervision [ |
||
[ |
||
reimburse the compensation to victims of crime fund created under | ||
Subchapter B, Chapter 56, for any amounts paid from that fund to or | ||
on behalf of a victim of the defendant's [ |
||
In this subsection, "victim" has the meaning assigned by Article | ||
56.32. | ||
(j) The court may order a community supervision and | ||
corrections department to obtain information pertaining to the | ||
factors listed in Subsection (c) [ |
||
supervision [ |
||
the report required under Article 42A.252(a) [ |
||
|
||
The court shall permit the defendant and the prosecuting attorney | ||
to read the report. | ||
SECTION 2.14. Article 42.08(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) When the same defendant has been convicted in two or | ||
more cases, judgment and sentence shall be pronounced in each case | ||
in the same manner as if there had been but one conviction. Except | ||
as provided by Subsections [ |
||
|
||
and subsequent convictions may either be that the sentence imposed | ||
or suspended shall begin when the judgment and the sentence imposed | ||
or suspended in the preceding conviction has ceased to operate, or | ||
that the sentence imposed or suspended shall run concurrently with | ||
the other case or cases, and sentence and execution shall be | ||
accordingly; provided, however, that the cumulative total of | ||
suspended sentences in felony cases shall not exceed 10 years, and | ||
the cumulative total of suspended sentences in misdemeanor cases | ||
shall not exceed the maximum period of confinement in jail | ||
applicable to the misdemeanor offenses, though in no event more | ||
than three years, including extensions of periods of community | ||
supervision under Article 42A.752(a)(2) [ |
||
|
||
Chapter 49, Penal Code, or four years, including extensions, if any | ||
of the offenses are offenses under Chapter 49, Penal Code. | ||
SECTION 2.15. Section 7, Article 42.09, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 7. If a defendant is sentenced to a term of | ||
imprisonment in the Texas Department of Criminal Justice but is not | ||
transferred to the department under Section 3 or 4, the court, | ||
before the date on which it would lose jurisdiction under Article | ||
42A.202(a) [ |
||
department a document containing a statement of the date on which | ||
the defendant's sentence was pronounced and credits earned by the | ||
defendant under Article 42.03 as of the date of the statement. | ||
SECTION 2.16. Section 8(a), Article 42.09, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) A county that transfers a defendant to the Texas | ||
Department of Criminal Justice under this article shall deliver to | ||
an officer designated by the department: | ||
(1) a copy of the judgment entered pursuant to Article | ||
42.01, completed on a standardized felony judgment form described | ||
by Section 4 of that article; | ||
(2) a copy of any order revoking community supervision | ||
and imposing sentence pursuant to Article 42A.755 [ |
||
|
||
(A) any amounts owed for restitution, fines, and | ||
court costs, completed on a standardized felony judgment form | ||
described by Section 4, Article 42.01; and | ||
(B) a copy of the client supervision plan | ||
prepared for the defendant by the community supervision and | ||
corrections department supervising the defendant, if such a plan | ||
was prepared; | ||
(3) a written report that states the nature and the | ||
seriousness of each offense and that states the citation to the | ||
provision or provisions of the Penal Code or other law under which | ||
the defendant was convicted; | ||
(4) a copy of the victim impact statement, if one has | ||
been prepared in the case under Article 56.03; | ||
(5) a statement as to whether there was a change in | ||
venue in the case and, if so, the names of the county prosecuting | ||
the offense and the county in which the case was tried; | ||
(6) if requested, information regarding the criminal | ||
history of the defendant, including the defendant's state | ||
identification number if the number has been issued; | ||
(7) a copy of the indictment or information for each | ||
offense; | ||
(8) a checklist sent by the department to the county | ||
and completed by the county in a manner indicating that the | ||
documents required by this subsection and Subsection (c) accompany | ||
the defendant; | ||
(9) if prepared, a copy of a presentence or | ||
postsentence [ |
||
Chapter 42A [ |
||
(10) a copy of any detainer, issued by an agency of the | ||
federal government, that is in the possession of the county and that | ||
has been placed on the defendant; | ||
(11) if prepared, a copy of the defendant's Texas | ||
Uniform Health Status Update Form; and | ||
(12) a written description of a hold or warrant, | ||
issued by any other jurisdiction, that the county is aware of and | ||
that has been placed on or issued for the defendant. | ||
SECTION 2.17. Article 42.14(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) In a felony case, the judgment and sentence may be | ||
rendered in the absence of the defendant only if: | ||
(1) the defendant is confined in a penal institution; | ||
(2) the defendant is not charged with a felony | ||
offense: | ||
(A) that is listed in Article 42A.054(a) [ |
||
|
||
(B) for which it is alleged that: | ||
(i) a deadly weapon was used or exhibited | ||
during the commission of the offense or during immediate flight | ||
from the commission of the offense; and | ||
(ii) the defendant used or exhibited the | ||
deadly weapon or was a party to the offense and knew that a deadly | ||
weapon would be used or exhibited; | ||
(3) the defendant in writing before the appropriate | ||
court having jurisdiction in the county in which the penal | ||
institution is located: | ||
(A) waives the right to be present at the | ||
rendering of the judgment and sentence or to have counsel present; | ||
(B) affirms that the defendant does not have | ||
anything to say as to why the sentence should not be pronounced and | ||
that there is no reason to prevent the sentence under Article 42.07; | ||
(C) states that the defendant has entered into a | ||
written plea agreement with the attorney representing the state in | ||
the prosecution of the case; and | ||
(D) requests the court to pronounce sentence in | ||
the case in accordance with the plea agreement; | ||
(4) the defendant and the attorney representing the | ||
state in the prosecution of the case have entered into a written | ||
plea agreement that is made a part of the record in the case; and | ||
(5) sentence is pronounced in accordance with the plea | ||
agreement. | ||
SECTION 2.18. Article 44.01(j), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(j) Nothing in this article is to interfere with the | ||
defendant's right to appeal under the procedures of Article 44.02 | ||
[ |
||
may be prosecuted by the defendant where the punishment assessed is | ||
in accordance with Subchapter C, Chapter 42A [ |
||
|
||
punishment assessed in compliance with Article 44.02 [ |
||
|
||
SECTION 2.19. Article 44.04(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) The defendant may not be released on bail pending the | ||
appeal from any felony conviction where the punishment equals or | ||
exceeds 10 years confinement or where the defendant has been | ||
convicted of an offense listed under Article 42A.054(a) [ |
||
|
||
custody and the bail discharged. | ||
SECTION 2.20. Articles 46B.073(c) and (d), Code of Criminal | ||
Procedure, as amended by S.B. No. 219, Acts of the 84th | ||
Legislature, Regular Session, 2015, are amended to read as follows: | ||
(c) If the defendant is charged with an offense listed in | ||
Article 17.032(a), other than an offense listed in Article | ||
17.032(a)(6), or the indictment alleges an affirmative finding | ||
under Article 42A.054(c) or (d) [ |
||
the court shall enter an order committing the defendant to the | ||
maximum security unit of any facility designated by the Department | ||
of State Health Services, to an agency of the United States | ||
operating a mental hospital, or to a Department of Veterans Affairs | ||
hospital. | ||
(d) If the defendant is not charged with an offense | ||
described by Subsection (c) and the indictment does not allege an | ||
affirmative finding under Article 42A.054(c) or (d) [ |
||
|
||
the defendant to a mental health facility or residential care | ||
facility determined to be appropriate by the local mental health | ||
authority or local intellectual and developmental disability | ||
authority. | ||
SECTION 2.21. Article 46B.104, Code of Criminal Procedure, | ||
as amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF | ||
VIOLENCE. A defendant committed to a facility as a result of | ||
proceedings initiated under this chapter shall be committed to the | ||
maximum security unit of any facility designated by the Department | ||
of State Health Services if: | ||
(1) the defendant is charged with an offense listed in | ||
Article 17.032(a), other than an offense listed in Article | ||
17.032(a)(6); or | ||
(2) the indictment charging the offense alleges an | ||
affirmative finding under Article 42A.054(c) or (d) [ |
||
|
||
SECTION 2.22. Article 48.01(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) The Board of Pardons and Paroles may recommend that the | ||
Governor grant a pardon to a person who: | ||
(1) is placed on deferred adjudication community | ||
supervision under Subchapter C, Chapter 42A [ |
||
|
||
Article 42A.111 [ |
||
(2) on or after the 10th anniversary of the date of | ||
discharge and dismissal, submits a written request to the board for | ||
a recommendation under this subsection. | ||
SECTION 2.23. Articles 55.01(a) and (a-1), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) A person who has been placed under a custodial or | ||
noncustodial arrest for commission of either a felony or | ||
misdemeanor is entitled to have all records and files relating to | ||
the arrest expunged if: | ||
(1) the person is tried for the offense for which the | ||
person was arrested and is: | ||
(A) acquitted by the trial court, except as | ||
provided by Subsection (c); or | ||
(B) convicted and subsequently: | ||
(i) pardoned for a reason other than that | ||
described by Subparagraph (ii); or | ||
(ii) pardoned or otherwise granted relief | ||
on the basis of actual innocence with respect to that offense, if | ||
the applicable pardon or court order clearly indicates on its face | ||
that the pardon or order was granted or rendered on the basis of the | ||
person's actual innocence; or | ||
(2) the person has been released and the charge, if | ||
any, has not resulted in a final conviction and is no longer pending | ||
and there was no court-ordered community supervision under Chapter | ||
42A [ |
||
misdemeanor, provided that: | ||
(A) regardless of whether any statute of | ||
limitations exists for the offense and whether any limitations | ||
period for the offense has expired, an indictment or information | ||
charging the person with the commission of a misdemeanor offense | ||
based on the person's arrest or charging the person with the | ||
commission of any felony offense arising out of the same | ||
transaction for which the person was arrested: | ||
(i) has not been presented against the | ||
person at any time following the arrest, and: | ||
(a) at least 180 days have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a Class C misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(b) at least one year has elapsed from | ||
the date of arrest if the arrest for which the expunction was sought | ||
was for an offense punishable as a Class B or A misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(c) at least three years have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a felony or if there was a | ||
felony charge arising out of the same transaction for which the | ||
person was arrested; or | ||
(d) the attorney representing the | ||
state certifies that the applicable arrest records and files are | ||
not needed for use in any criminal investigation or prosecution, | ||
including an investigation or prosecution of another person; or | ||
(ii) if presented at any time following the | ||
arrest, was dismissed or quashed, and the court finds that the | ||
indictment or information was dismissed or quashed because the | ||
person completed a pretrial intervention program authorized under | ||
Section 76.011, Government Code, because the presentment had been | ||
made because of mistake, false information, or other similar reason | ||
indicating absence of probable cause at the time of the dismissal to | ||
believe the person committed the offense, or because the indictment | ||
or information was void; or | ||
(B) prosecution of the person for the offense for | ||
which the person was arrested is no longer possible because the | ||
limitations period has expired. | ||
(a-1) Notwithstanding any other provision of this article, | ||
a person may not expunge records and files relating to an arrest | ||
that occurs pursuant to a warrant issued under Article 42A.751(b) | ||
[ |
||
SECTION 2.24. Article 60.052(c), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(c) Information in the corrections tracking system relating | ||
to the handling of offenders must include the following information | ||
about each imprisonment, confinement, or execution of an offender: | ||
(1) the date of the imprisonment or confinement; | ||
(2) if the offender was sentenced to death: | ||
(A) the date of execution; and | ||
(B) if the death sentence was commuted, the | ||
sentence to which the sentence of death was commuted and the date of | ||
commutation; | ||
(3) the date the offender was released from | ||
imprisonment or confinement and whether the release was a discharge | ||
or a release on parole or mandatory supervision; | ||
(4) if the offender is released on parole or mandatory | ||
supervision: | ||
(A) the offense for which the offender was | ||
convicted by offense code and incident number; | ||
(B) the date the offender was received by an | ||
office of the parole division; | ||
(C) the county in which the offender resides | ||
while under supervision; | ||
(D) any program in which an offender is placed or | ||
has previously been placed and the level of supervision the | ||
offender is placed on while under the jurisdiction of the parole | ||
division; | ||
(E) the date a program described by Paragraph (D) | ||
begins, the date the program ends, and whether the program was | ||
completed successfully; | ||
(F) the date a level of supervision described by | ||
Paragraph (D) begins and the date the level of supervision ends; | ||
(G) if the offender's release status is revoked, | ||
the reason for the revocation and the date of revocation; | ||
(H) the expiration date of the sentence; and | ||
(I) the date of the offender's release from the | ||
parole division or the date on which the offender is granted | ||
clemency; and | ||
(5) if the offender is released under Article | ||
42A.202(b) [ |
||
offender's release. | ||
SECTION 2.25. Article 60.08(e), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(e) A court that orders the release of an offender under | ||
Article 42A.202(b) [ |
||
the offender is under a bench warrant and not physically imprisoned | ||
in the Texas Department of Criminal Justice shall report the | ||
release to the department not later than the seventh day after the | ||
date of the release. | ||
SECTION 2.26. Article 62.063(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) A person subject to registration under this chapter | ||
because of a reportable conviction or adjudication for which an | ||
affirmative finding is entered under Article 42.015(b) or | ||
42A.105(a) [ |
||
not, for compensation: | ||
(1) operate or offer to operate a bus; | ||
(2) provide or offer to provide a passenger taxicab or | ||
limousine transportation service; | ||
(3) provide or offer to provide any type of service in | ||
the residence of another person unless the provision of service | ||
will be supervised; or | ||
(4) operate or offer to operate any amusement ride. | ||
SECTION 2.27. Articles 62.301(b) and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(b) A person is eligible to petition the court as described | ||
by Subsection (a) if: | ||
(1) the person is required to register only as a result | ||
of a single reportable conviction or adjudication, other than an | ||
adjudication of delinquent conduct; and | ||
(2) the court has entered in the appropriate judgment | ||
or has filed with the appropriate papers a statement of an | ||
affirmative finding described by Article 42.017 or 42A.105(c) | ||
[ |
||
(c) A defendant who before September 1, 2011, is convicted | ||
of or placed on deferred adjudication community supervision for an | ||
offense under Section 21.11 or 22.011, Penal Code, is eligible to | ||
petition the court as described by Subsection (a). The court may | ||
consider the petition only if the petition states and the court | ||
finds that the defendant would have been entitled to the entry of an | ||
affirmative finding under Article 42.017 or 42A.105(c) [ |
||
|
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placement on deferred adjudication community supervision occurred | ||
after September 1, 2011. | ||
SECTION 2.28. Article 102.018(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) Except as provided by Subsection (d) [ |
||
on conviction of an offense relating to the driving or operating of | ||
a motor vehicle punishable under Section 49.04(b), Penal Code, the | ||
court shall impose as a cost of court on the defendant an amount | ||
that is equal to the cost of an evaluation of the defendant | ||
performed under Article 42A.402(a) [ |
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|
||
to other court costs and are due whether or not the defendant is | ||
granted community supervision [ |
||
if the court determines that the defendant is indigent and unable to | ||
pay the cost, the court may waive the imposition of the cost. | ||
SECTION 2.29. Article 102.020(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) A person shall pay as a cost of court: | ||
(1) $250 on conviction of an offense listed in Section | ||
411.1471(a)(1), Government Code; | ||
(2) $50 on conviction of an offense listed in Section | ||
411.1471(a)(3) of that code; or | ||
(3) $34 on placement of the person on community | ||
supervision, including deferred adjudication community | ||
supervision, if the person is required to submit a DNA sample under | ||
Article 42A.352 [ |
||
SECTION 2.30. Section 37.152(f), Education Code, is amended | ||
to read as follows: | ||
(f) Except if an offense causes the death of a student, in | ||
sentencing a person convicted of an offense under this section, the | ||
court may require the person to perform community service, subject | ||
to the same conditions imposed on a person placed on community | ||
supervision under Chapter 42A [ |
||
Criminal Procedure, for an appropriate period of time in lieu of | ||
confinement in county jail or in lieu of a part of the time the | ||
person is sentenced to confinement in county jail. | ||
SECTION 2.31. Section 53.045(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (e), the prosecuting | ||
attorney may refer the petition to the grand jury of the county in | ||
which the court in which the petition is filed presides if the | ||
petition alleges that the child engaged in delinquent conduct that | ||
constitutes habitual felony conduct as described by Section 51.031 | ||
or that included the violation of any of the following provisions: | ||
(1) Section 19.02, Penal Code (murder); | ||
(2) Section 19.03, Penal Code (capital murder); | ||
(3) Section 19.04, Penal Code (manslaughter); | ||
(4) Section 20.04, Penal Code (aggravated | ||
kidnapping); | ||
(5) Section 22.011, Penal Code (sexual assault) or | ||
Section 22.021, Penal Code (aggravated sexual assault); | ||
(6) Section 22.02, Penal Code (aggravated assault); | ||
(7) Section 29.03, Penal Code (aggravated robbery); | ||
(8) Section 22.04, Penal Code (injury to a child, | ||
elderly individual, or disabled individual), if the offense is | ||
punishable as a felony, other than a state jail felony; | ||
(9) Section 22.05(b), Penal Code (felony deadly | ||
conduct involving discharging a firearm); | ||
(10) Subchapter D, Chapter 481, Health and Safety | ||
Code, if the conduct constitutes a felony of the first degree or an | ||
aggravated controlled substance felony (certain offenses involving | ||
controlled substances); | ||
(11) Section 15.03, Penal Code (criminal | ||
solicitation); | ||
(12) Section 21.11(a)(1), Penal Code (indecency with a | ||
child); | ||
(13) Section 15.031, Penal Code (criminal | ||
solicitation of a minor); | ||
(14) Section 15.01, Penal Code (criminal attempt), if | ||
the offense attempted was an offense under Section 19.02, Penal | ||
Code (murder), or Section 19.03, Penal Code (capital murder), or an | ||
offense listed by Article 42A.054(a) [ |
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(15) Section 28.02, Penal Code (arson), if bodily | ||
injury or death is suffered by any person by reason of the | ||
commission of the conduct; | ||
(16) Section 49.08, Penal Code (intoxication | ||
manslaughter); or | ||
(17) Section 15.02, Penal Code (criminal conspiracy), | ||
if the offense made the subject of the criminal conspiracy includes | ||
a violation of any of the provisions referenced in Subdivisions (1) | ||
through (16). | ||
SECTION 2.32. Section 54.0409(a), Family Code, is amended | ||
to read as follows: | ||
(a) This section applies only to conduct constituting the | ||
commission of a felony: | ||
(1) that is listed in Article 42A.054(a) [ |
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|
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(2) for which it is shown that a deadly weapon, as | ||
defined by Section 1.07, Penal Code, was used or exhibited during | ||
the commission of the conduct or during immediate flight from the | ||
commission of the conduct. | ||
SECTION 2.33. Sections 54.051(e), (e-1), (e-2), and (e-3), | ||
Family Code, are amended to read as follows: | ||
(e) A district court that exercises jurisdiction over a | ||
person transferred under Subsection (d) shall place the person on | ||
community supervision under Chapter 42A [ |
||
Criminal Procedure, for the remainder of the person's probationary | ||
period and under conditions consistent with those ordered by the | ||
juvenile court. | ||
(e-1) The restrictions on a judge placing a defendant on | ||
community supervision imposed by Article 42A.054 [ |
||
|
||
transferred from the juvenile court. The minimum period of | ||
community supervision imposed by Article 42A.053(d) [ |
||
|
||
transferred from the juvenile court. | ||
(e-2) If a person who is placed on community supervision | ||
under this section violates a condition of that supervision or if | ||
the person violated a condition of probation ordered under Section | ||
54.04(q) and that probation violation was not discovered by the | ||
state before the person's 19th birthday, the district court shall | ||
dispose of the violation of community supervision or probation, as | ||
appropriate, in the same manner as if the court had originally | ||
exercised jurisdiction over the case. If the judge revokes | ||
community supervision, the judge may reduce the prison sentence to | ||
any length without regard to the minimum term imposed by Article | ||
42A.755(a) [ |
||
Procedure. | ||
(e-3) The time that a person serves on probation ordered | ||
under Section 54.04(q) is the same as time served on community | ||
supervision ordered under this section for purposes of determining | ||
the person's eligibility for early discharge from community | ||
supervision under Article 42A.701 [ |
||
of Criminal Procedure. | ||
SECTION 2.34. Section 55.45(c), Family Code, is amended to | ||
read as follows: | ||
(c) If the referred child, as described in Subsection (b), | ||
is alleged to have committed an offense listed in Article 42A.054 | ||
[ |
||
administrator of the residential care facility shall apply, in | ||
writing, by certified mail, return receipt requested, to the | ||
juvenile court that ordered commitment of the child or that | ||
referred the case to a court that ordered commitment of the child | ||
and show good cause for any release of the child from the facility | ||
for more than 48 hours. Notice of this request must be provided to | ||
the prosecuting attorney responsible for the case. The prosecuting | ||
attorney, the juvenile, or the administrator may apply for a | ||
hearing on this application. If no one applies for a hearing, the | ||
trial court shall resolve the application on the written | ||
submission. The rules of evidence do not apply to this hearing. An | ||
appeal of the trial court's ruling on the application is not | ||
allowed. The release of a child described in this subsection | ||
without the express approval of the trial court is punishable by | ||
contempt. | ||
SECTION 2.35. Section 76.001(2), Government Code, is | ||
amended to read as follows: | ||
(2) "Community supervision" has the meaning assigned | ||
by Article 42A.001 [ |
||
Procedure. | ||
SECTION 2.36. Section 76.015(c), Government Code, is | ||
amended to read as follows: | ||
(c) A department may assess a reasonable administrative fee | ||
of not less than $25 and not more than $60 per month on an individual | ||
who participates in a program operated by the department or | ||
receives services from the department and who is not paying a | ||
monthly fee under Article 42A.652 [ |
||
of Criminal Procedure. | ||
SECTION 2.37. Section 103.021, Government Code, is amended | ||
to read as follows: | ||
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, | ||
or a party to a civil suit, as applicable, shall pay the following | ||
fees and costs under the Code of Criminal Procedure if ordered by | ||
the court or otherwise required: | ||
(1) a personal bond fee (Art. 17.42, Code of Criminal | ||
Procedure) . . . the greater of $20 or three percent of the amount | ||
of the bail fixed for the accused; | ||
(2) cost of electronic monitoring as a condition of | ||
release on personal bond (Art. 17.43, Code of Criminal Procedure) | ||
. . . actual cost; | ||
(3) a fee for verification of and monitoring of motor | ||
vehicle ignition interlock (Art. 17.441, Code of Criminal | ||
Procedure) . . . not to exceed $10; | ||
(3-a) costs associated with operating a global | ||
positioning monitoring system as a condition of release on bond | ||
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, | ||
subject to a determination of indigency; | ||
(3-b) costs associated with providing a defendant's | ||
victim with an electronic receptor device as a condition of the | ||
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal | ||
Procedure) . . . actual costs, subject to a determination of | ||
indigency; | ||
(4) repayment of reward paid by a crime stoppers | ||
organization on conviction of a felony (Art. 37.073, Code of | ||
Criminal Procedure) . . . amount ordered; | ||
(5) reimbursement to general revenue fund for payments | ||
made to victim of an offense as condition of community supervision | ||
(Chapter 42A [ |
||
exceed $50 for a misdemeanor offense or $100 for a felony offense; | ||
(6) payment to a crime stoppers organization as | ||
condition of community supervision (Chapter 42A [ |
||
of Criminal Procedure) . . . not to exceed $50; | ||
(7) children's advocacy center fee (Chapter 42A [ |
||
|
||
(8) family violence center fee (Chapter 42A [ |
||
|
||
(9) community supervision fee (Chapter 42A [ |
||
|
||
than $60 per month; | ||
(10) additional community supervision fee for certain | ||
offenses (Chapter 42A [ |
||
. . . $5 per month; | ||
(11) for certain financially able sex offenders as a | ||
condition of community supervision, the costs of treatment, | ||
specialized supervision, or rehabilitation (Chapter 42A [ |
||
|
||
reasonable and necessary costs of the treatment, supervision, or | ||
rehabilitation as determined by the judge; | ||
(12) fee for failure to appear for trial in a justice | ||
or municipal court if a jury trial is not waived (Art. 45.026, Code | ||
of Criminal Procedure) . . . costs incurred for impaneling the | ||
jury; | ||
(13) costs of certain testing, assessments, or | ||
programs during a deferral period (Art. 45.051, Code of Criminal | ||
Procedure) . . . amount ordered; | ||
(14) special expense on dismissal of certain | ||
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) | ||
. . . not to exceed amount of fine assessed; | ||
(15) an additional fee: | ||
(A) for a copy of the defendant's driving record | ||
to be requested from the Department of Public Safety by the judge | ||
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal | ||
to the sum of the fee established by Section 521.048, | ||
Transportation Code, and the state electronic Internet portal fee; | ||
(B) as an administrative fee for requesting a | ||
driving safety course or a course under the motorcycle operator | ||
training and safety program for certain traffic offenses to cover | ||
the cost of administering the article (Art. 45.0511(f)(1), Code of | ||
Criminal Procedure) . . . not to exceed $10; or | ||
(C) for requesting a driving safety course or a | ||
course under the motorcycle operator training and safety program | ||
before the final disposition of the case (Art. 45.0511(f)(2), Code | ||
of Criminal Procedure) . . . not to exceed the maximum amount of the | ||
fine for the offense committed by the defendant; | ||
(16) a request fee for teen court program (Art. | ||
45.052, Code of Criminal Procedure) . . . $20, if the court | ||
ordering the fee is located in the Texas-Louisiana border region, | ||
but otherwise not to exceed $10; | ||
(17) a fee to cover costs of required duties of teen | ||
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the | ||
court ordering the fee is located in the Texas-Louisiana border | ||
region, but otherwise $10; | ||
(18) a mileage fee for officer performing certain | ||
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per | ||
mile; | ||
(19) certified mailing of notice of hearing date (Art. | ||
102.006, Code of Criminal Procedure) . . . $1, plus postage; | ||
(20) certified mailing of certified copies of an order | ||
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, | ||
plus postage; | ||
(20-a) a fee to defray the cost of notifying state | ||
agencies of orders of expungement (Art. 45.0216, Code of Criminal | ||
Procedure) . . . $30 per application; | ||
(20-b) a fee to defray the cost of notifying state | ||
agencies of orders of expunction (Art. 45.055, Code of Criminal | ||
Procedure) . . . $30 per application; | ||
(21) sight orders: | ||
(A) if the face amount of the check or sight order | ||
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) | ||
. . . not to exceed $10; | ||
(B) if the face amount of the check or sight order | ||
is greater than $10 but does not exceed $100 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $15; | ||
(C) if the face amount of the check or sight order | ||
is greater than $100 but does not exceed $300 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $30; | ||
(D) if the face amount of the check or sight order | ||
is greater than $300 but does not exceed $500 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $50; and | ||
(E) if the face amount of the check or sight order | ||
is greater than $500 (Art. 102.007, Code of Criminal Procedure) | ||
. . . not to exceed $75; | ||
(22) fees for a pretrial intervention program: | ||
(A) a supervision fee (Art. 102.012(a), Code of | ||
Criminal Procedure) . . . $60 a month plus expenses; and | ||
(B) a district attorney, criminal district | ||
attorney, or county attorney administrative fee (Art. 102.0121, | ||
Code of Criminal Procedure) . . . not to exceed $500; | ||
(23) parking fee violations for child safety fund in | ||
municipalities with populations: | ||
(A) greater than 850,000 (Art. 102.014, Code of | ||
Criminal Procedure) . . . not less than $2 and not to exceed $5; and | ||
(B) less than 850,000 (Art. 102.014, Code of | ||
Criminal Procedure) . . . not to exceed $5; | ||
(24) an administrative fee for collection of fines, | ||
fees, restitution, or other costs (Art. 102.072, Code of Criminal | ||
Procedure) . . . not to exceed $2 for each transaction; and | ||
(25) a collection fee, if authorized by the | ||
commissioners court of a county or the governing body of a | ||
municipality, for certain debts and accounts receivable, including | ||
unpaid fines, fees, court costs, forfeited bonds, and restitution | ||
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 | ||
percent of an amount more than 60 days past due. | ||
SECTION 2.38. Section 123.001(b), Government Code, is | ||
amended to read as follows: | ||
(b) If a defendant successfully completes a drug court | ||
program, regardless of whether the defendant was convicted of the | ||
offense for which the defendant entered the program or whether the | ||
court deferred further proceedings without entering an | ||
adjudication of guilt, after notice to the state and a hearing on | ||
whether the defendant is otherwise entitled to the petition and | ||
whether issuance of the order is in the best interest of justice, | ||
the court shall enter an order of nondisclosure under Section | ||
411.081 as if the defendant had received a discharge and dismissal | ||
under Article 42A.111 [ |
||
Criminal Procedure, with respect to all records and files related | ||
to the defendant's arrest for the offense for which the defendant | ||
entered the program if the defendant: | ||
(1) has not been previously convicted of an offense | ||
listed in Article 42A.054 [ |
||
Criminal Procedure, or a sexually violent offense, as defined by | ||
Article 62.001, Code of Criminal Procedure; and | ||
(2) is not convicted for any felony offense between | ||
the date on which the defendant successfully completed the program | ||
and the second anniversary of that date. | ||
SECTION 2.39. Section 123.008(a), Government Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding Article 42A.304 [ |
||
|
||
participation in a drug court program established under this | ||
chapter, the judge or magistrate administering the program may | ||
suspend any requirement that, as a condition of community | ||
supervision, a participant in the program work a specified number | ||
of hours at a community service project or projects. | ||
SECTION 2.40. Sections 411.081(d) and (e), Government Code, | ||
are amended to read as follows: | ||
(d) Notwithstanding any other provision of this subchapter, | ||
if a person is placed on deferred adjudication community | ||
supervision under Subchapter C, Chapter 42A [ |
||
|
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discharge and dismissal under Article 42A.111 [ |
||
|
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the person may petition the court that placed the defendant on | ||
deferred adjudication for an order of nondisclosure under this | ||
subsection. Except as provided by Subsection (e), a person may | ||
petition the court for an order of nondisclosure regardless of | ||
whether the person has been previously placed on deferred | ||
adjudication community supervision for another offense. After | ||
notice to the state, an opportunity for a hearing, and a | ||
determination that the person is entitled to file the petition and | ||
issuance of the order is in the best interest of justice, the court | ||
shall issue an order prohibiting criminal justice agencies from | ||
disclosing to the public criminal history record information | ||
related to the offense giving rise to the deferred adjudication. A | ||
criminal justice agency may disclose criminal history record | ||
information that is the subject of the order only to other criminal | ||
justice agencies[ |
||
purposes, an agency or entity listed in Subsection (i), or the | ||
person who is the subject of the order. A person may petition the | ||
court that placed the person on deferred adjudication for an order | ||
of nondisclosure only on or after: | ||
(1) the discharge and dismissal, if the offense for | ||
which the person was placed on deferred adjudication was a | ||
misdemeanor other than a misdemeanor described by Subdivision (2); | ||
(2) the second anniversary of the discharge and | ||
dismissal, if the offense for which the person was placed on | ||
deferred adjudication was a misdemeanor under Chapter 20, 21, 22, | ||
25, 42, or 46, Penal Code; or | ||
(3) the fifth anniversary of the discharge and | ||
dismissal, if the offense for which the person was placed on | ||
deferred adjudication was a felony. | ||
(e) A person is entitled to petition the court under | ||
Subsection (d) only if during the period of the deferred | ||
adjudication community supervision for which the order of | ||
nondisclosure is requested and during the applicable period | ||
described by Subsection (d)(1), (2), or (3), as appropriate, the | ||
person is not convicted of or placed on deferred adjudication | ||
community supervision under Subchapter C, Chapter 42A [ |
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|
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than an offense under the Transportation Code punishable by fine | ||
only. A person is not entitled to petition the court under | ||
Subsection (d) if the person was placed on the deferred | ||
adjudication community supervision for or has been previously | ||
convicted or placed on any other deferred adjudication for: | ||
(1) an offense requiring registration as a sex | ||
offender under Chapter 62, Code of Criminal Procedure; | ||
(2) an offense under Section 20.04, Penal Code, | ||
regardless of whether the offense is a reportable conviction or | ||
adjudication for purposes of Chapter 62, Code of Criminal | ||
Procedure; | ||
(3) an offense under Section 19.02, 19.03, 22.04, | ||
22.041, 25.07, 25.072, or 42.072, Penal Code; or | ||
(4) any other offense involving family violence, as | ||
defined by Section 71.004, Family Code. | ||
SECTION 2.41. Section 411.145(c), Government Code, is | ||
amended to read as follows: | ||
(c) A fee collected under this section shall be deposited in | ||
the state treasury to the credit of the state highway fund, and | ||
money deposited to the state highway fund under this section and | ||
under Chapter 42A [ |
||
Criminal Procedure, may be used only to defray the cost of | ||
administering this subchapter and Section 411.0205. | ||
SECTION 2.42. Section 414.010(a), Government Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (d), a crime stoppers | ||
organization certified by the council to receive money in the form | ||
of payments from defendants placed on community supervision under | ||
Chapter 42A [ |
||
in the form of repayments of rewards under Articles 37.073 and | ||
42.152, Code of Criminal Procedure, may use not more than 20 percent | ||
of the money annually received to pay costs incurred in | ||
administering the organization and shall use the remainder of the | ||
money, including any interest earned on the money, only to reward | ||
persons who report information concerning criminal activity. Not | ||
later than January 31 of each year, a crime stoppers organization | ||
that receives or expends money under this section shall file a | ||
detailed report with the council. | ||
SECTION 2.43. Sections 414.011(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The council shall, on application by a crime stoppers | ||
organization, determine whether the organization is qualified to | ||
receive repayments of rewards under Articles 37.073 and 42.152, | ||
Code of Criminal Procedure, or payments from a defendant under | ||
Chapter 42A [ |
||
council shall certify a crime stoppers organization to receive | ||
those repayments or payments if, considering the organization, | ||
continuity, leadership, community support, and general conduct of | ||
the crime stoppers organization, the council determines that the | ||
repayments or payments will be spent to further the crime | ||
prevention purposes of the organization. | ||
(b) Each crime stoppers organization certified by the | ||
council to receive repayments under Articles 37.073 and 42.152, | ||
Code of Criminal Procedure, or payments from a defendant under | ||
Chapter 42A [ |
||
to a review or audit, including financial and programmatic reviews | ||
or audits, of finances or programs at the direction of the criminal | ||
justice division of the governor's office or its designee. A copy | ||
of the review or audit report shall be submitted to the criminal | ||
justice division. | ||
SECTION 2.44. Section 420.008(b), Government Code, is | ||
amended to read as follows: | ||
(b) The fund consists of fees collected under: | ||
(1) Article 42A.653(a) [ |
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|
||
(2) Section 508.189, Government Code; and | ||
(3) Subchapter B, Chapter 102, Business & Commerce | ||
Code, and deposited under Section 102.054. | ||
SECTION 2.45. Sections 420.014(a) and (e), Government Code, | ||
are amended to read as follows: | ||
(a) If the attorney general reasonably believes that a court | ||
or a community supervision office has not properly assessed or made | ||
a reasonable effort to collect costs due under Chapter 42A [ |
||
|
||
Government Code, the attorney general shall send a warning letter | ||
to the court or the governing body of the governmental unit in which | ||
the court is located. | ||
(e) If the attorney general finds from available evidence | ||
that a court or a community supervision office has not properly | ||
assessed or made a reasonable effort to collect costs due under | ||
Chapter 42A [ |
||
or Chapter 508, Government Code, the attorney general may: | ||
(1) refuse to award grants under this subchapter to | ||
residents of the jurisdiction served by the court or community | ||
supervision office; or | ||
(2) in the case of a court, notify the State Commission | ||
on Judicial Conduct of the findings. | ||
SECTION 2.46. Sections 493.009(a), (a-1), (b), (c), (d), | ||
(e), (g), (h), (k), and (q), Government Code, are amended to read as | ||
follows: | ||
(a) The department shall establish a program to confine and | ||
treat: | ||
(1) defendants required to participate in the program | ||
under Article 42A.303 [ |
||
Procedure; and | ||
(2) individuals referred for treatment as part of a | ||
drug court program established under Chapter 123 or a similar | ||
program created under other law. | ||
(a-1) The board by rule may modify requirements imposed by | ||
this section and Chapter 42A [ |
||
Procedure, as necessary to properly treat individuals who are not | ||
participating in the program as a condition of community | ||
supervision. | ||
(b) The board shall adopt criteria to determine the | ||
suitability of candidates for participation in the program. The | ||
department and the Department of State Health Services [ |
||
|
||
of screening and assessing defendants required to participate in | ||
the program under Article 42A.303 [ |
||
of Criminal Procedure, to determine their need for specific types | ||
of treatment for alcohol or drug abuse problems. | ||
(c) The program for persons required to participate in the | ||
program under Article 42A.303 [ |
||
Criminal Procedure, must consist of treatment programs that may | ||
vary in time from 90 days to 12 months. | ||
(d) The program for persons required to participate in the | ||
program under Article 42A.303 [ |
||
Criminal Procedure, provided under this section must contain highly | ||
structured work, education, and treatment schedules, a clearly | ||
delineated authority structure, and well-defined goals and | ||
guidelines. The department shall establish a graded system of | ||
rewards and sanctions for defendants who participate in the | ||
program, but a defendant required to participate in the program | ||
under Article 42A.303 [ |
||
Procedure, is not entitled to earn awards of time for good conduct. | ||
A qualified professional, at least every 60 days, must perform an | ||
evaluation on a defendant that determines the defendant's treatment | ||
progress and institutional behavior. Not later than three days | ||
after the date on which a four-month evaluation is performed, the | ||
qualified professional shall establish a tentative release date for | ||
the defendant, notify the sentencing court of that fact, and | ||
include with the notice a copy of the four-month evaluation. The | ||
qualified professional immediately shall notify the court if the | ||
professional determines the defendant's conduct requires a | ||
revision of the tentative release date. | ||
(e) The department shall employ or contract with qualified | ||
professionals to implement the program for persons required to | ||
participate in the program under Article 42A.303 [ |
||
|
||
subsection, a "qualified professional" is a person who: | ||
(1) is a licensed chemical dependency counselor; | ||
(2) is a licensed social worker who has at least two | ||
years of experience in chemical dependency counseling; or | ||
(3) is a licensed professional counselor, physician, | ||
or psychologist and who has at least two years of experience in | ||
chemical dependency counseling. | ||
(g) The department shall provide beds for the purpose of | ||
operating the program for persons required to participate in the | ||
program under Article 42A.303 [ |
||
Criminal Procedure, [ |
||
|
||
be used to house the following categories of persons: | ||
(1) persons transferred under Subchapter A, Chapter | ||
499, and Section 508.118; | ||
(2) persons whose community supervision or parole has | ||
been modified; | ||
(3) defendants confined in county jails awaiting | ||
transfer to the institutional division; and | ||
(4) inmates participating in the program described by | ||
Section 501.0931. | ||
(h) On and after the date persons are required under Article | ||
42A.303 [ |
||
participate in the program established under this section, the | ||
department shall give priority to housing those persons over the | ||
categories of persons described by Subsections (g)(1)-(4). | ||
(k) It is the intent of the legislature that facilities | ||
established under this section be used primarily to house persons | ||
required to participate in the program under Article 42A.303 | ||
[ |
||
that if treatment beds are empty, this subsection does not prohibit | ||
the department from using those empty beds to treat the categories | ||
of persons listed in Subsection (g). | ||
(q) The department not less often than every two years shall | ||
determine whether the department should increase the number of beds | ||
provided by the department for the operation of the program for | ||
persons required to participate in the program under Article | ||
42A.303 [ |
||
|
||
|
||
SECTION 2.47. Sections 493.009(f)(1) and (3), Government | ||
Code, are amended to read as follows: | ||
(f)(1) The department shall adopt rules of conduct for | ||
persons required to participate in the program under Article | ||
42A.303 [ |
||
required to participate in the program following modification of | ||
community supervision or parole. | ||
(3) The department, immediately on receiving notice, | ||
shall request the sentencing court to reassume custody of the | ||
defendant if the defendant was required to participate in the | ||
program under Article 42A.303 [ |
||
Criminal Procedure, or required to participate in the program | ||
following modification of community supervision. The court shall | ||
reassume custody before the 12th day after the date on which the | ||
department notifies the court. If the court revokes the | ||
defendant's community supervision, the admission of the defendant | ||
to the institutional division is an admission for which the | ||
department must account in the scheduled admissions policy | ||
established under Section 499.071. | ||
SECTION 2.48. Section 493.017(a), Government Code, is | ||
amended to read as follows: | ||
(a) A sex offender correction program that provides | ||
counseling sessions for a sex offender under Article 42A.453 | ||
[ |
||
report to the community supervision and corrections department | ||
officer supervising the offender, not later than the 15th day of | ||
each month, the following information about the offender: | ||
(1) the total number of counseling sessions attended | ||
by the sex offender during the preceding month; and | ||
(2) if during the preceding month the sex offender | ||
terminates participation in the program before completing | ||
counseling, the reason for the sex offender's termination of | ||
counseling. | ||
SECTION 2.49. Section 499.027(b), Government Code, is | ||
amended to read as follows: | ||
(b) An inmate is not eligible under this subchapter to be | ||
considered for release to intensive supervision parole if: | ||
(1) the inmate is awaiting transfer to the | ||
institutional division, or serving a sentence, for an offense for | ||
which the judgment contains an affirmative finding under Article | ||
42A.054(c) or (d) [ |
||
Criminal Procedure; | ||
(2) the inmate is awaiting transfer to the | ||
institutional division, or serving a sentence, for an offense | ||
listed in one of the following sections of the Penal Code: | ||
(A) Section 19.02 (murder); | ||
(B) Section 19.03 (capital murder); | ||
(C) Section 19.04 (manslaughter); | ||
(D) Section 20.03 (kidnapping); | ||
(E) Section 20.04 (aggravated kidnapping); | ||
(F) Section 21.11 (indecency with a child); | ||
(G) Section 22.011 (sexual assault); | ||
(H) Section 22.02 (aggravated assault); | ||
(I) Section 22.021 (aggravated sexual assault); | ||
(J) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual); | ||
(K) Section 25.02 (prohibited sexual conduct); | ||
(L) Section 25.08 (sale or purchase of a child); | ||
(M) Section 28.02 (arson); | ||
(N) Section 29.02 (robbery); | ||
(O) Section 29.03 (aggravated robbery); | ||
(P) Section 30.02 (burglary), if the offense is | ||
punished as a first-degree felony under that section; | ||
(Q) Section 43.04 (aggravated promotion of | ||
prostitution); | ||
(R) Section 43.05 (compelling prostitution); | ||
(S) Section 43.24 (sale, distribution, or | ||
display of harmful material to minor); | ||
(T) Section 43.25 (sexual performance by a | ||
child); | ||
(U) Section 46.10 (deadly weapon in penal | ||
institution); | ||
(V) Section 15.01 (criminal attempt), if the | ||
offense attempted is listed in this subsection; | ||
(W) Section 15.02 (criminal conspiracy), if the | ||
offense that is the subject of the conspiracy is listed in this | ||
subsection; | ||
(X) Section 15.03 (criminal solicitation), if | ||
the offense solicited is listed in this subsection; | ||
(Y) Section 21.02 (continuous sexual abuse of | ||
young child or children); | ||
(Z) Section 20A.02 (trafficking of persons); or | ||
(AA) Section 20A.03 (continuous trafficking of | ||
persons); or | ||
(3) the inmate is awaiting transfer to the | ||
institutional division, or serving a sentence, for an offense under | ||
Chapter 481, Health and Safety Code, punishable by a minimum term of | ||
imprisonment or a maximum fine that is greater than the minimum term | ||
of imprisonment or the maximum fine for a first degree felony. | ||
SECTION 2.50. Section 499.053(d), Government Code, is | ||
amended to read as follows: | ||
(d) A person transferred from the Texas Juvenile Justice | ||
Department for the offense of capital murder shall become eligible | ||
for parole as provided in Section 508.145(d) for an offense listed | ||
in Article 42A.054 [ |
||
Procedure, or an offense for which a deadly weapon finding has been | ||
made. | ||
SECTION 2.51. Section 508.145(d), Government Code, is | ||
amended to read as follows: | ||
(d)(1) This subsection applies only to an [ |
||
serving a sentence for: | ||
(A) an offense described by Article 42A.054(a) | ||
[ |
||
|
||
than an offense under Section 19.03, Penal Code; | ||
(B) an offense for which the judgment contains an | ||
affirmative finding under Article 42A.054(c) or (d), Code of | ||
Criminal Procedure; | ||
(C) [ |
||
offense under Section 20A.03, Penal Code;[ |
||
(D) an offense under Section 71.02 or 71.023, | ||
Penal Code. | ||
(2) An inmate described by Subdivision (1) [ |
||
eligible for release on parole until the inmate's actual calendar | ||
time served, without consideration of good conduct time, equals | ||
one-half of the sentence or 30 calendar years, whichever is less, | ||
but in no event is the inmate eligible for release on parole in less | ||
than two calendar years. | ||
(3) [ |
||
inmate who is serving a sentence for an offense under Section | ||
22.021, Penal Code [ |
||
|
||
parole if the inmate is serving a sentence for an offense for which | ||
punishment was enhanced under Section 12.42(c)(4), Penal Code. | ||
SECTION 2.52. Sections 508.146(a) and (f), Government Code, | ||
are amended to read as follows: | ||
(a) An inmate other than an inmate who is serving a sentence | ||
of death or life without parole may be released on medically | ||
recommended intensive supervision on a date designated by a parole | ||
panel described by Subsection (e), except that an inmate with an | ||
instant offense that is an offense described in Article 42A.054 | ||
[ |
||
inmate who has a reportable conviction or adjudication under | ||
Chapter 62, Code of Criminal Procedure, may only be considered if a | ||
medical condition of terminal illness or long-term care has been | ||
diagnosed by a physician, if: | ||
(1) the Texas Correctional Office on Offenders with | ||
Medical or Mental Impairments, in cooperation with the Correctional | ||
Managed Health Care Committee, identifies the inmate as being: | ||
(A) a person who is elderly or terminally ill, a | ||
person with mental illness, an intellectual disability, or a | ||
physical disability, [ |
||
|
||
condition requiring long-term care, if the inmate is an inmate with | ||
an instant offense that is described in Article 42A.054 [ |
||
|
||
(B) in a persistent vegetative state or being a | ||
person with an organic brain syndrome with significant to total | ||
mobility impairment, if the inmate is an inmate who has a reportable | ||
conviction or adjudication under Chapter 62, Code of Criminal | ||
Procedure; | ||
(2) the parole panel determines that, based on the | ||
inmate's condition and a medical evaluation, the inmate does not | ||
constitute a threat to public safety; and | ||
(3) the Texas Correctional Office on Offenders with | ||
Medical or Mental Impairments, in cooperation with the pardons and | ||
paroles division, has prepared for the inmate a medically | ||
recommended intensive supervision plan that requires the inmate to | ||
submit to electronic monitoring, places the inmate on | ||
super-intensive supervision, or otherwise ensures appropriate | ||
supervision of the inmate. | ||
(f) An inmate who is not a citizen of the United States, as | ||
defined by federal law, who is not under a sentence of death or life | ||
without parole, and who does not have a reportable conviction or | ||
adjudication under Chapter 62, Code of Criminal Procedure, or an | ||
instant offense described in Article 42A.054 [ |
||
|
||
authorities pending deportation on a date designated by a parole | ||
panel described by Subsection (e) if the parole panel determines | ||
that on release the inmate would be deported to another country and | ||
that the inmate does not constitute a threat to public safety in the | ||
other country or this country and is unlikely to reenter this | ||
country illegally. | ||
SECTION 2.53. Section 508.149(a), Government Code, is | ||
amended to read as follows: | ||
(a) An inmate may not be released to mandatory supervision | ||
if the inmate is serving a sentence for or has been previously | ||
convicted of: | ||
(1) an offense for which the judgment contains an | ||
affirmative finding under Article 42A.054(c) or (d) [ |
||
|
||
(2) a first degree felony or a second degree felony | ||
under Section 19.02, Penal Code; | ||
(3) a capital felony under Section 19.03, Penal Code; | ||
(4) a first degree felony or a second degree felony | ||
under Section 20.04, Penal Code; | ||
(5) an offense under Section 21.11, Penal Code; | ||
(6) a felony under Section 22.011, Penal Code; | ||
(7) a first degree felony or a second degree felony | ||
under Section 22.02, Penal Code; | ||
(8) a first degree felony under Section 22.021, Penal | ||
Code; | ||
(9) a first degree felony under Section 22.04, Penal | ||
Code; | ||
(10) a first degree felony under Section 28.02, Penal | ||
Code; | ||
(11) a second degree felony under Section 29.02, Penal | ||
Code; | ||
(12) a first degree felony under Section 29.03, Penal | ||
Code; | ||
(13) a first degree felony under Section 30.02, Penal | ||
Code; | ||
(14) a felony for which the punishment is increased | ||
under Section 481.134 or Section 481.140, Health and Safety Code; | ||
(15) an offense under Section 43.25, Penal Code; | ||
(16) an offense under Section 21.02, Penal Code; | ||
(17) a first degree felony under Section 15.03, Penal | ||
Code; | ||
(18) an offense under Section 43.05, Penal Code; | ||
(19) an offense under Section 20A.02, Penal Code; | ||
(20) an offense under Section 20A.03, Penal Code; or | ||
(21) a first degree felony under Section 71.02 or | ||
71.023, Penal Code. | ||
SECTION 2.54. Section 508.151(a), Government Code, is | ||
amended to read as follows: | ||
(a) For the purpose of diverting inmates to halfway houses | ||
under Section 508.118, a parole panel, after reviewing all | ||
available pertinent information, may designate a presumptive | ||
parole date for an inmate who: | ||
(1) has never been convicted of an offense listed | ||
under Article 42A.054(a) [ |
||
Criminal Procedure, or an offense under Section 20A.03 or 21.02, | ||
Penal Code; and | ||
(2) has never had a conviction with a judgment that | ||
contains an affirmative finding under Article 42A.054(c) or (d) | ||
[ |
||
SECTION 2.55. Section 508.221, Government Code, is amended | ||
to read as follows: | ||
Sec. 508.221. CONDITIONS PERMITTED GENERALLY. A parole | ||
panel may impose as a condition of parole or mandatory supervision | ||
any condition that a court may impose on a defendant placed on | ||
community supervision under Chapter 42A [ |
||
Criminal Procedure, including the condition that a releasee submit | ||
to testing for controlled substances or submit to electronic | ||
monitoring if the parole panel determines that without testing for | ||
controlled substances or participation in an electronic monitoring | ||
program the inmate would not be released on parole. | ||
SECTION 2.56. Section 508.225(a), Government Code, is | ||
amended to read as follows: | ||
(a) If the nature of the offense for which an inmate is | ||
serving a sentence warrants the establishment of a child safety | ||
zone, a parole panel may establish a child safety zone applicable to | ||
an inmate serving a sentence for an offense listed in Article | ||
42A.054(a) [ |
||
Procedure, or for which the judgment contains an affirmative | ||
finding under Article 42A.054(c) or (d) [ |
||
|
||
parole or release to mandatory supervision that the inmate not: | ||
(1) supervise or participate in any program that | ||
includes as participants or recipients persons who are 17 years of | ||
age or younger and that regularly provides athletic, civic, or | ||
cultural activities; or | ||
(2) go in or on, or within a distance specified by the | ||
panel of, a premises where children commonly gather, including a | ||
school, day-care facility, playground, public or private youth | ||
center, public swimming pool, or video arcade facility. | ||
SECTION 2.57. Section 509.0071(b), Government Code, is | ||
amended to read as follows: | ||
(b) A commitment reduction plan submitted under this | ||
section may contain a request for additional state funding in the | ||
manner described by Subsection (e). A commitment reduction plan | ||
must contain: | ||
(1) a target number by which the county or counties | ||
served by the department or regional partnership of departments | ||
will, relative to the number of individuals committed in the | ||
preceding state fiscal year from the county or counties to the Texas | ||
Department of Criminal Justice for offenses not listed in or | ||
described by Article 42A.054 [ |
||
Criminal Procedure, reduce that number in the fiscal year for which | ||
the commitment reduction plan is submitted by reducing the number | ||
of: | ||
(A) direct sentencing commitments; | ||
(B) community supervision revocations; or | ||
(C) direct sentencing commitments and community | ||
supervision revocations; | ||
(2) a calculation, based on the most recent Criminal | ||
Justice Uniform Cost Report published by the Legislative Budget | ||
Board, of the savings to the state that will result from the county | ||
or counties reaching the target number described by Subdivision | ||
(1); | ||
(3) an explanation of the programs and services the | ||
department or regional partnership of departments intends to | ||
provide using any funding received under Subsection (e)(1), | ||
including any programs or services designed to enhance public | ||
safety, reduce recidivism, strengthen the investigation and | ||
prosecution of criminal offenses, improve programs and services | ||
available to victims of crime, and increase the amount of | ||
restitution collected from persons supervised by the department or | ||
regional partnership of departments; | ||
(4) a pledge by the department or regional partnership | ||
of departments to provide accurate data to the division at the time | ||
and in the manner required by the division; | ||
(5) a pledge to repay to the state, not later than the | ||
30th day after the last day of the state fiscal year in which the | ||
lump-sum award is made, a percentage of the lump sum received under | ||
Subsection (e)(1) that is equal to the percentage by which the | ||
county or counties fail to reach the target number described by | ||
Subdivision (1), if the county or counties do not reach that target | ||
number; and | ||
(6) if the commitment reduction plan is submitted by a | ||
regional partnership of departments, an agreement and plan for the | ||
receipt, division, and administration of any funding received under | ||
Subsection (e). | ||
SECTION 2.58. Section 509.015, Government Code, is amended | ||
to read as follows: | ||
Sec. 509.015. TREATMENT STANDARDS FOR CERTAIN STATE JAIL | ||
FELONIES. The division shall propose and the board shall adopt best | ||
practices standards for substance abuse treatment conditions | ||
imposed under Article 42A.554(c) [ |
||
|
||
SECTION 2.59. Section 509.017, Government Code, is amended | ||
to read as follows: | ||
Sec. 509.017. SPECIAL ALLOCATION FOR CERTAIN DEFENDANTS | ||
PLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION. Notwithstanding | ||
any other provision of this chapter, the Texas Department of | ||
Criminal Justice shall adopt policies and procedures to: | ||
(1) determine the cost savings to the Texas Department | ||
of Criminal Justice realized through the release of defendants on | ||
community supervision under Article 42A.551(d)(2)(B) [ |
||
|
||
(2) provide 30 percent of that cost savings to the | ||
division to be allocated to individual departments and used for the | ||
same purpose that state aid is used under Section 509.011. | ||
SECTION 2.60. Section 557.001(c), Government Code, is | ||
amended to read as follows: | ||
(c) A person convicted of an offense under this section may | ||
not receive community supervision [ |
||
[ |
||
SECTION 2.61. Section 772.0071(a)(1), Government Code, is | ||
amended to read as follows: | ||
(1) "Border crime" means any crime that occurs in the | ||
border region and that undermines public safety or security, | ||
including an offense: | ||
(A) during the prosecution of which an | ||
affirmative finding may be requested under Article 42A.054(c) or | ||
(d) [ |
||
(B) under Chapter 19, 20, 20A, 46, or 71, Penal | ||
Code; | ||
(C) under Title 7 or 8, Penal Code; | ||
(D) under Chapter 481, Health and Safety Code; | ||
(E) committed by a person who is not a citizen or | ||
national of the United States and is not lawfully present in the | ||
United States; or | ||
(F) that is coordinated with or related to | ||
activities or crimes that occur or are committed in the United | ||
Mexican States. | ||
SECTION 2.62. Section 2001.221, Government Code, is amended | ||
to read as follows: | ||
Sec. 2001.221. DRIVER'S LICENSES. This chapter does not | ||
apply to a suspension, revocation, cancellation, denial, or | ||
disqualification of a driver's license or commercial driver's | ||
license as authorized by: | ||
(1) Subchapter N, Chapter 521, Transportation Code, | ||
except Sections 521.304 and 521.305 of that subchapter, or by | ||
Subchapter O or P of that chapter; | ||
(2) Chapter 522, Transportation Code; | ||
(3) Chapter 601, Transportation Code; or | ||
(4) Article 42A.406 or 42A.407 [ |
||
|
||
SECTION 2.63. Section 2002.023, Government Code, is amended | ||
to read as follows: | ||
Sec. 2002.023. EXCEPTIONS. This subchapter does not apply | ||
to: | ||
(1) a suspension, revocation, cancellation, denial, | ||
or disqualification of a driver's license or commercial driver's | ||
license as authorized by: | ||
(A) Subchapter N, Chapter 521, Transportation | ||
Code, except Sections 521.304 and 521.305 of that subchapter, or by | ||
Subchapter O or P of that chapter; | ||
(B) Chapter 522, Transportation Code; | ||
(C) Chapter 601, Transportation Code; | ||
(D) Chapter 724, Transportation Code; or | ||
(E) Article 42A.406 or 42A.407 [ |
||
|
||
(2) matters related solely to the internal personnel | ||
rules and practices of a state agency; | ||
(3) the Texas Workforce Commission, other than to | ||
matters of unemployment insurance maintained by the commission; or | ||
(4) a rule or internal procedure of the Texas | ||
Department of Criminal Justice or Texas Board of Criminal Justice | ||
that applies to an inmate or any other person under the custody or | ||
control of the department or to an action taken under that rule or | ||
procedure. | ||
SECTION 2.64. Section 81.093(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The court shall order that a presentence | ||
[ |
||
[ |
||
determine if a person convicted of an offense under Chapter 481 | ||
(Texas Controlled Substances Act) or under Sections 485.031 through | ||
485.035 should be subject to Section 81.083 and Subchapter G. | ||
SECTION 2.65. Section 169.001(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) If a defendant successfully completes a first offender | ||
prostitution prevention program, regardless of whether the | ||
defendant was convicted of the offense for which the defendant | ||
entered the program or whether the court deferred further | ||
proceedings without entering an adjudication of guilt, after notice | ||
to the state and a hearing on whether the defendant is otherwise | ||
entitled to the petition, including whether the required time | ||
period has elapsed, and whether issuance of the order is in the best | ||
interest of justice, the court shall enter an order of | ||
nondisclosure under Section 411.081, Government Code, as if the | ||
defendant had received a discharge and dismissal under Article | ||
42A.111 [ |
||
with respect to all records and files related to the defendant's | ||
arrest for the offense for which the defendant entered the program | ||
if the defendant: | ||
(1) has not been previously convicted of a felony | ||
offense; and | ||
(2) is not convicted of any other felony offense | ||
before the second anniversary of the defendant's successful | ||
completion of the program. | ||
SECTION 2.66. Section 169.002(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) A defendant is eligible to participate in a first | ||
offender prostitution prevention program established under this | ||
chapter only if: | ||
(1) the attorney representing the state consents to | ||
the defendant's participation in the program; and | ||
(2) the court in which the criminal case is pending | ||
finds that the defendant has not been previously convicted of: | ||
(A) an offense under Section 20A.02, 43.02, | ||
43.03, 43.04, or 43.05, Penal Code; | ||
(B) an offense listed in Article 42A.054(a) | ||
[ |
||
(C) an offense punishable as a felony under | ||
Chapter 481. | ||
SECTION 2.67. Section 169A.001(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) If a defendant successfully completes a prostitution | ||
prevention program, regardless of whether the defendant was | ||
convicted of the offense for which the defendant entered the | ||
program or whether the court deferred further proceedings without | ||
entering an adjudication of guilt, after notice to the state and a | ||
hearing on whether the defendant is otherwise entitled to the | ||
petition, including whether the required time has elapsed, and | ||
whether issuance of the order is in the best interest of justice, | ||
the court shall enter an order of nondisclosure under Section | ||
411.081, Government Code, as if the defendant had received a | ||
discharge and dismissal under Article 42A.111 [ |
||
|
||
records and files related to the defendant's arrest for the offense | ||
for which the defendant entered the program. | ||
SECTION 2.68. Section 250.006(d), Health and Safety Code, | ||
is amended to read as follows: | ||
(d) For purposes of this section, a person who is placed on | ||
deferred adjudication community supervision for an offense listed | ||
in this section, successfully completes the period of deferred | ||
adjudication community supervision, and receives a dismissal and | ||
discharge in accordance with Article 42A.111 [ |
||
|
||
the offense for which the person received deferred adjudication | ||
community supervision. | ||
SECTION 2.69. Section 534.053(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) To the extent that resources are available, the | ||
department shall: | ||
(1) ensure that the services listed in this section | ||
are available for children, including adolescents, as well as | ||
adults, in each service area; | ||
(2) emphasize early intervention services for | ||
children, including adolescents, who meet the department's | ||
definition of being at high risk of developing severe emotional | ||
disturbances or severe mental illnesses; and | ||
(3) ensure that services listed in this section are | ||
available for defendants required to submit to mental health | ||
treatment under Article 17.032, 42A.104, or 42A.506 [ |
||
|
||
SECTION 2.70. Section 614.0032(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The office shall: | ||
(1) perform duties imposed on the office by Section | ||
508.146, Government Code; and | ||
(2) periodically identify state jail felony | ||
defendants suitable for release under Article 42A.561 [ |
||
|
||
other duties imposed on the office by that article [ |
||
SECTION 2.71. Section 773.0614(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) A certificate holder's certificate shall be revoked if | ||
the certificate holder has been convicted of or placed on deferred | ||
adjudication community supervision or deferred disposition for: | ||
(1) an offense listed in Article 42A.054(a)(2), (3), | ||
(4), (6), (7), (8), (10), or (14) [ |
||
|
||
(2) an offense, other than an offense described by | ||
Subdivision (1), committed on or after September 1, 2009, for which | ||
the person is subject to registration under Chapter 62, Code of | ||
Criminal Procedure. | ||
SECTION 2.72. Section 773.06141(a), Health and Safety Code, | ||
as amended by S.B. No. 219, Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
(a) The department may suspend, revoke, or deny an emergency | ||
medical services provider license on the grounds that the | ||
provider's administrator of record, employee, or other | ||
representative: | ||
(1) has been convicted of, or placed on deferred | ||
adjudication community supervision or deferred disposition for, an | ||
offense that directly relates to the duties and responsibilities of | ||
the administrator, employee, or representative, other than an | ||
offense for which points are assigned under Section 708.052, | ||
Transportation Code; | ||
(2) has been convicted of or placed on deferred | ||
adjudication community supervision or deferred disposition for an | ||
offense, including: | ||
(A) an offense listed in Article 42A.054(a)(2), | ||
(3), (4), (6), (7), (8), (10), or (14) [ |
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(B) an offense, other than an offense described | ||
by Subdivision (1), for which the person is subject to registration | ||
under Chapter 62, Code of Criminal Procedure; or | ||
(3) has been convicted of Medicare or Medicaid fraud, | ||
has been excluded from participation in the state Medicaid program, | ||
or has a hold on payment for reimbursement under the state Medicaid | ||
program under Subchapter C, Chapter 531, Government Code. | ||
SECTION 2.73. Section 841.082(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) Before entering an order directing a person's | ||
outpatient civil commitment, the judge shall impose on the person | ||
requirements necessary to ensure the person's compliance with | ||
treatment and supervision and to protect the community. The | ||
requirements shall include: | ||
(1) requiring the person to reside in a Texas | ||
residential facility under contract with the office or at another | ||
location or facility approved by the office; | ||
(2) prohibiting the person's contact with a victim or | ||
potential victim of the person; | ||
(3) prohibiting the person's possession or use of | ||
alcohol, inhalants, or a controlled substance; | ||
(4) requiring the person's participation in and | ||
compliance with a specific course of treatment provided by the | ||
office and compliance with all written requirements imposed by the | ||
case manager or otherwise by the office; | ||
(5) requiring the person to: | ||
(A) submit to tracking under a particular type of | ||
tracking service and to any other appropriate supervision; and | ||
(B) refrain from tampering with, altering, | ||
modifying, obstructing, or manipulating the tracking equipment; | ||
(6) prohibiting the person from changing the person's | ||
residence without prior authorization from the judge and from | ||
leaving the state without that prior authorization; | ||
(7) if determined appropriate by the judge, | ||
establishing a child safety zone in the same manner as a child | ||
safety zone is established by a judge under Article 42A.453 | ||
[ |
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requiring the person to comply with requirements related to the | ||
safety zone; and | ||
(8) any other requirements determined necessary by the | ||
judge. | ||
SECTION 2.74. Section 133.055(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) If the treasurer does not collect any fees during a | ||
calendar quarter, the treasurer shall file the report required for | ||
the quarter in the regular manner. The report must state that no | ||
fees were collected. This subsection does not apply to fees | ||
collected under Article 42A.303 or 42A.653 [ |
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76.013, Government Code. | ||
SECTION 2.75. Section 133.058(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) A county may not retain a service fee on the collection | ||
of a fee: | ||
(1) for the judicial fund; | ||
(2) under Article 42A.303 or 42A.653 [ |
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(3) under Section 51.851, Government Code. | ||
SECTION 2.76. Section 152.017, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 152.017. EXCEPTIONS. This subchapter does not apply | ||
to: | ||
(1) a judge of a court of record; | ||
(2) a presiding judge of a commissioners court in a | ||
county with a population of 3.3 million or more; | ||
(3) a district attorney paid wholly by state funds or | ||
the district attorney's assistants, investigators, or other | ||
employees; | ||
(4) a county auditor, county purchasing agent, or the | ||
auditor's or purchasing agent's assistants or other employees; or | ||
(5) a person employed under Section 76.004, Government | ||
Code [ |
||
SECTION 2.77. Section 157.002(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The commissioners court by rule may provide for medical | ||
care and hospitalization and may provide for compensation, | ||
accident, hospital, and disability insurance for the following | ||
persons if their salaries are paid from the funds of the county or | ||
funds of a flood control district located entirely in the county, or | ||
funds of a hospital district described by Section 281.0475, Health | ||
and Safety Code, located entirely in the county, or if they are | ||
employees of another governmental entity for which the county is | ||
obligated to provide benefits: | ||
(1) deputies, assistants, and other employees of the | ||
county, or of the flood control district, or of the hospital | ||
district, who work under the commissioners court or its appointees; | ||
(2) county and district officers and their deputies | ||
and assistants appointed under Subchapter A, Chapter 151; | ||
(3) employees appointed under Section 76.004(b), | ||
Government Code [ |
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(4) any retired person formerly holding any status | ||
listed above; and | ||
(5) the dependents of any person listed above. | ||
SECTION 2.78. Section 352.082(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) An offense under this section is a Class C misdemeanor. | ||
On conviction of an offense under this section, the court shall | ||
require the defendant, in addition to any fine, to perform | ||
community service as provided by Article 42A.304(e) [ |
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SECTION 2.79. Section 53.021(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A licensing authority may suspend or revoke a license, | ||
disqualify a person from receiving a license, or deny to a person | ||
the opportunity to take a licensing examination on the grounds that | ||
the person has been convicted of: | ||
(1) an offense that directly relates to the duties and | ||
responsibilities of the licensed occupation; | ||
(2) an offense that does not directly relate to the | ||
duties and responsibilities of the licensed occupation and that was | ||
committed less than five years before the date the person applies | ||
for the license; | ||
(3) an offense listed in Article 42A.054 [ |
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(4) a sexually violent offense, as defined by Article | ||
62.001, Code of Criminal Procedure. | ||
SECTION 2.80. Section 109.001(3), Occupations Code, is | ||
amended to read as follows: | ||
(3) "Sex offender" has the meaning assigned by Article | ||
42A.251(2) [ |
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Procedure. | ||
SECTION 2.81. Section 12.35(c), Penal Code, is amended to | ||
read as follows: | ||
(c) An individual adjudged guilty of a state jail felony | ||
shall be punished for a third degree felony if it is shown on the | ||
trial of the offense that: | ||
(1) a deadly weapon as defined by Section 1.07 was used | ||
or exhibited during the commission of the offense or during | ||
immediate flight following the commission of the offense, and that | ||
the individual used or exhibited the deadly weapon or was a party to | ||
the offense and knew that a deadly weapon would be used or | ||
exhibited; or | ||
(2) the individual has previously been finally | ||
convicted of any felony: | ||
(A) under Section 20A.03 or 21.02 or listed in | ||
Article 42A.054(a) [ |
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Criminal Procedure; or | ||
(B) for which the judgment contains an | ||
affirmative finding under Article 42A.054(c) or (d) [ |
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SECTION 2.82. Section 12.42(h), Penal Code, is amended to | ||
read as follows: | ||
(h) In this section, "sexually violent offense" means an | ||
offense: | ||
(1) described by Article 62.001(6), Code of Criminal | ||
Procedure; and | ||
(2) for which an affirmative finding has been entered | ||
under Article 42.015(b) or 42A.105(a) [ |
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offense under Section 21.02 or 22.021. | ||
SECTION 2.83. Section 15.031(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if, with intent that an | ||
offense listed by Article 42A.054(a) [ |
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requests, commands, or attempts to induce a minor to engage in | ||
specific conduct that, under the circumstances surrounding the | ||
actor's conduct as the actor believes them to be, would constitute | ||
an offense listed by Article 42A.054(a) [ |
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listed by Article 42A.054(a) [ |
||
SECTION 2.84. Section 49.09(h), Penal Code, is amended to | ||
read as follows: | ||
(h) This subsection applies only to a person convicted of a | ||
second or subsequent offense relating to the operating of a motor | ||
vehicle while intoxicated committed within five years of the date | ||
on which the most recent preceding offense was committed. The court | ||
shall enter an order that requires the defendant to have a device | ||
installed, on each motor vehicle owned or operated by the | ||
defendant, that uses a deep-lung breath analysis mechanism to make | ||
impractical the operation of the motor vehicle if ethyl alcohol is | ||
detected in the breath of the operator, and that requires that | ||
before the first anniversary of the ending date of the period of | ||
license suspension under Section 521.344, Transportation Code, the | ||
defendant not operate any motor vehicle that is not equipped with | ||
that device. The court shall require the defendant to obtain the | ||
device at the defendant's own cost on or before that ending date, | ||
require the defendant to provide evidence to the court on or before | ||
that ending date that the device has been installed on each | ||
appropriate vehicle, and order the device to remain installed on | ||
each vehicle until the first anniversary of that ending date. If | ||
the court determines the offender is unable to pay for the device, | ||
the court may impose a reasonable payment schedule not to extend | ||
beyond the first anniversary of the date of installation. The | ||
Department of Public Safety shall approve devices for use under | ||
this subsection. Section 521.247, Transportation Code, applies to | ||
the approval of a device under this subsection and the consequences | ||
of that approval. Failure to comply with an order entered under | ||
this subsection is punishable by contempt. For the purpose of | ||
enforcing this subsection, the court that enters an order under | ||
this subsection retains jurisdiction over the defendant until the | ||
date on which the device is no longer required to remain installed. | ||
To the extent of a conflict between this subsection and Article | ||
42A.408 [ |
||
this subsection controls. | ||
SECTION 2.85. Section 71.023(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person, as part of the | ||
identifiable leadership of a criminal street gang, knowingly | ||
finances, directs, or supervises the commission of, or a conspiracy | ||
to commit, one or more of the following offenses by members of a | ||
criminal street gang: | ||
(1) a felony offense that is listed in Article | ||
42A.054(a) [ |
||
Procedure; | ||
(2) a felony offense for which it is shown that a | ||
deadly weapon, as defined by Section 1.07, was used or exhibited | ||
during the commission of the offense or during immediate flight | ||
from the commission of the offense; or | ||
(3) an offense that is punishable under Section | ||
481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or | ||
481.120(b)(6), Health and Safety Code. | ||
SECTION 2.86. Section 521.245(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The program required under Subsection (a) may not be the | ||
program provided by Section 521.344 or by Article 42A.403 or | ||
42A.404 [ |
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SECTION 2.87. Section 521.320(f), Transportation Code, is | ||
amended to read as follows: | ||
(f) For the purposes of this section, a person is convicted | ||
of an offense regardless of whether sentence is imposed or the | ||
person is placed on community supervision for the offense under | ||
Chapter 42A [ |
||
SECTION 2.88. Section 521.342(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department shall suspend for one year the license of | ||
a person who is under 21 years of age and is convicted of an offense | ||
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, | ||
regardless of whether the person is required to attend an | ||
educational program under Article 42A.403 [ |
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rehabilitate persons who have operated motor vehicles while | ||
intoxicated, unless the person is placed under community | ||
supervision under Chapter 42A, Code of Criminal Procedure, [ |
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supervision to not operate a motor vehicle unless the vehicle is | ||
equipped with the device described by Article 42A.408 [ |
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attend such a program and does not complete the program before the | ||
end of the person's suspension, the department shall suspend the | ||
person's license or continue the suspension, as appropriate, until | ||
the department receives proof that the person has successfully | ||
completed the program. On the person's successful completion of | ||
the program, the person's instructor shall give notice to the | ||
department and to the community supervision and corrections | ||
department in the manner provided by Article 42A.406(b) [ |
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SECTION 2.89. Sections 521.344(d), (f), and (i), | ||
Transportation Code, are amended to read as follows: | ||
(d) Except as provided by Subsection (e) and Section | ||
521.342(b), during a period of probation the department may not | ||
revoke the person's license if the person is required under Article | ||
42A.403 or 42A.404 [ |
||
Criminal Procedure, to successfully complete an educational | ||
program designed to rehabilitate persons who have operated motor | ||
vehicles while intoxicated, unless the person was punished under | ||
Section 49.09(a) or (b), Penal Code, and was subject to Section | ||
49.09(h) of that code. The department may not revoke the license of | ||
a person: | ||
(1) for whom the jury has recommended that the license | ||
not be revoked under Article 42A.407(a) [ |
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(2) who is placed under community supervision under | ||
Chapter 42A, Code of Criminal Procedure, [ |
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required as a condition of community supervision to not operate a | ||
motor vehicle unless the vehicle is equipped with the device | ||
described by Article 42A.408 [ |
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[ |
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(b), Penal Code, and was subject to Section 49.09(g) of that code. | ||
(f) After the date has passed, according to department | ||
records, for successful completion of an educational program for | ||
repeat offenders as required by Article 42A.404 [ |
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suspend the license of a person who does not successfully complete | ||
the program or, if the person is a resident without a license, shall | ||
issue an order prohibiting the person from obtaining a license. | ||
(i) On the date that a suspension order under Section | ||
521.343(c) is to expire, the period of suspension or the | ||
corresponding period in which the department is prohibited from | ||
issuing a license is automatically increased to two years unless | ||
the department receives notice of successful completion of the | ||
educational program as required by Article 42A.406 [ |
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convicted of an offense under Section 49.04 or 49.045, Penal Code, | ||
the court shall warn the person of the effect of this subsection. | ||
On the person's successful completion of the program, the person's | ||
instructor shall give notice to the department and to the community | ||
supervision and corrections department in the manner required by | ||
Article 42A.406(b) [ |
||
Procedure. If the department receives proof of completion after a | ||
period has been extended under this subsection, the department | ||
shall immediately end the suspension or prohibition. | ||
SECTION 2.90. Section 521.350(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A person whose license is suspended under Subsection (a) | ||
shall be required by the court in which the person was convicted to | ||
perform at least 10 hours of community service as ordered by the | ||
court. If the person is a resident of this state without a driver's | ||
license to operate a motor vehicle, the court shall issue an order | ||
prohibiting the department from issuing the person a driver's | ||
license before the person completes the community service. | ||
Community service required under this subsection is in addition to | ||
any community service required of the person as a condition of | ||
community supervision under Article 42A.304 [ |
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SECTION 2.91. Section 522.088, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 522.088. APPLICABILITY OF OTHER LAW. Section 521.344 | ||
of this code and Subchapter I, Chapter 42A [ |
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subchapter, do not apply to a person disqualified under this | ||
chapter. | ||
ARTICLE 3. REPEALER | ||
SECTION 3.01. Article 42.12, Code of Criminal Procedure, is | ||
repealed. | ||
ARTICLE 4. GENERAL MATTERS | ||
SECTION 4.01. This Act is enacted under Section 43, Article | ||
III, Texas Constitution. This Act is intended as a codification | ||
only, and no substantive change in the law is intended by this Act. | ||
SECTION 4.02. This Act takes effect January 1, 2017. |