Bill Text: TX HB2791 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to confinement and treatment in a substance abuse felony punishment facility under a plea bargain agreement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-17 - Referred to Corrections [HB2791 Detail]

Download: Texas-2021-HB2791-Introduced.html

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87R11733 MCF-D
By: J. Johnson of Harris H.B. No. 2791

A BILL TO BE ENTITLED
AN ACT
relating to confinement and treatment in a substance abuse felony
punishment facility under a plea bargain agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.303, Code of Criminal Procedure, is
amended by adding Subsection (c-1) to read as follows:
(c-1) A judge may not impose the condition of community
supervision described by this article on a defendant who has agreed
to serving a term of confinement and treatment in a substance abuse
felony punishment facility as part of a plea bargain agreement
between the defendant and the attorney representing the state that
has been otherwise approved by the court unless the judge
determines that the defendant is a suitable candidate for treatment
based on the suitability criteria established under Section
493.009(b), Government Code. If the judge does not impose a
condition under this article, the plea bargain agreement remains
valid and the other terms of the plea bargain agreement are
unaffected.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2021.