Bill Text: TX HB3512 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to conditions of community supervision and procedures applicable to the reduction or termination of a defendant's period of community supervision.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2019-05-06 - Referred to Criminal Justice [HB3512 Detail]
Download: Texas-2019-HB3512-Introduced.html
Bill Title: Relating to conditions of community supervision and procedures applicable to the reduction or termination of a defendant's period of community supervision.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2019-05-06 - Referred to Criminal Justice [HB3512 Detail]
Download: Texas-2019-HB3512-Introduced.html
86R14273 MAW-F | ||
By: Pacheco | H.B. No. 3512 |
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relating to community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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(b)(12) | ||
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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. Article 42A.052(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(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 purposes [ |
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(1) transferring the defendant to different programs | ||
within the community supervision continuum of programs and | ||
sanctions; or | ||
(2) prioritizing the conditions ordered by the court | ||
according to: | ||
(A) the defendant's needs as determined by a risk | ||
and needs assessment; and | ||
(B) the defendant's progress under supervision. | ||
SECTION 3. Articles 42A.301(b) and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(b) 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) [ |
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harmful character to the extent indicated by the results of the | ||
assessment conducted under Subsection (a) and the evaluation | ||
conducted under Subsection (c) [ |
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(3) [ |
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directed by the judge or supervision officer and obey all rules and | ||
regulations of the community supervision and corrections | ||
department; | ||
(4) [ |
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defendant at the defendant's home or elsewhere; | ||
(5) [ |
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the extent possible; | ||
(6) [ |
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(7) [ |
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(A) the defendant's fine, if one is assessed; and | ||
(B) all court costs, regardless of whether a fine | ||
is assessed; | ||
(8) [ |
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financial resources that enable the defendant to offset in part or | ||
in whole the costs of the legal services provided to the defendant | ||
in accordance with Article 1.051(c) or (d), including any expenses | ||
and costs, reimburse the county in which the prosecution was | ||
instituted for the costs of the legal services in an amount that the | ||
judge finds the defendant is able to pay, except that the defendant | ||
may not be ordered to pay an amount that exceeds: | ||
(A) the actual costs, including any expenses and | ||
costs, paid by the county for the legal services provided by an | ||
appointed attorney; or | ||
(B) if the defendant was represented by a public | ||
defender's office, the actual amount, including any expenses and | ||
costs, that would have otherwise been paid to an appointed attorney | ||
had the county not had a public defender's office; | ||
(9) [ |
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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; | ||
(10) [ |
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controlled substances but only if: | ||
(A) the judge determines, based on the results of | ||
the assessment conducted under Subsection (a) and the evaluation | ||
conducted under Subsection (c), that testing is necessary to | ||
protect or restore the community or the victim or to punish, | ||
rehabilitate, or reform the defendant; or | ||
(B) the defendant's offense was related to drug | ||
or alcohol abuse; | ||
(11) [ |
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abusers or participate in substance abuse treatment services in a | ||
program or facility approved or licensed by the Department of State | ||
Health Services but only if: | ||
(A) the judge determines, based on the results of | ||
the assessment conducted under Subsection (a) and the evaluation | ||
conducted under Subsection (c), that counseling or treatment is | ||
necessary to protect or restore the community or the victim or to | ||
punish, rehabilitate, or reform the defendant; or | ||
(B) the defendant's offense was related to drug | ||
or alcohol abuse; | ||
(12) [ |
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misdemeanor offense or of any offense under Title 7, Penal Code, | ||
participate in victim-defendant mediation; | ||
(13) [ |
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(14) [ |
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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; | ||
(15) [ |
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analysis, storage, or disposal of raw materials, controlled | ||
substances, chemical precursors, drug paraphernalia, or other | ||
materials seized in connection with the offense; | ||
(16) [ |
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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; | ||
(17) [ |
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exceed $50 to a crime stoppers organization, as defined by Section | ||
414.001, Government Code, and as certified by the Texas Crime | ||
Stoppers Council; | ||
(18) [ |
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Public Safety under Subchapter G, Chapter 411, Government Code, for | ||
the purpose of creating a DNA record of the defendant; | ||
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(19) [ |
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prosecution was instituted for compensation paid to any interpreter | ||
in the case. | ||
(c) Before the judge may require as a condition of community | ||
supervision that the defendant submit to testing for alcohol or | ||
controlled substances, attend counseling sessions for substance | ||
abuse, or receive treatment in a state-funded substance abuse | ||
treatment program, including an inpatient or outpatient program, a | ||
substance abuse felony program under Article 42A.303, or a program | ||
provided to the defendant while confined in a community corrections | ||
facility as defined by Article 42A.601, the judge must consider the | ||
results of an evaluation conducted to determine the appropriate | ||
type and level of treatment necessary to address the defendant's | ||
alcohol or drug dependency. | ||
SECTION 4. Article 42A.303(e), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(e) The Department of State Health Services or the community | ||
supervision and corrections department supervising the defendant | ||
shall develop the continuum of care treatment plan described by | ||
Subsection (d)(1). | ||
SECTION 5. Articles 42A.403(d-1) and (e), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(d-1) The judge shall waive the educational program | ||
requirement if the defendant successfully completes [ |
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education at a residential treatment facility under Article | ||
42A.4045. | ||
(e) The judge shall set out in the judgment, as applicable: | ||
(1) the finding of good cause for waiver; or | ||
(2) the finding that the defendant has successfully | ||
completed [ |
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SECTION 6. Articles 42A.404(b-1) and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(b-1) The judge shall waive the educational program | ||
requirement if the defendant successfully completes [ |
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education at a residential treatment facility under Article | ||
42A.4045. | ||
(c) The judge shall set out in the judgment, as applicable: | ||
(1) the finding of good cause for waiver; or | ||
(2) the finding that the defendant has successfully | ||
completed [ |
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SECTION 7. Articles 42A.4045(a) and (b), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) A judge shall waive the educational requirement under | ||
Article 42A.403 or 42A.404 for a defendant who is required to | ||
receive treatment as a resident of a substance abuse treatment | ||
facility as a condition of community supervision if the defendant | ||
successfully completes [ |
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is confined to the residential treatment facility. | ||
(b) The Department of State Health Services shall approve | ||
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facilities. | ||
SECTION 8. Articles 42A.406(a) and (b-1), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(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 or the defendant successfully | ||
completes [ |
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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-1) Upon release from a residential treatment facility at | ||
which the person successfully completed [ |
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under Article 42A.4045, at the request of the court clerk, the | ||
director of the residential treatment facility shall give notice to | ||
the Department of Public Safety for inclusion in the person's | ||
driving record. | ||
SECTION 9. Articles 42A.651(a) and (c), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(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; | ||
(2) reimbursement of a county as described by Article | ||
42A.301(b)(8) [ |
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(3) a payment ordered as a condition that relates | ||
personally to the rehabilitation of the defendant or that is | ||
otherwise expressly authorized by law. | ||
(c) A judge may not impose a condition of community | ||
supervision requiring a defendant to reimburse a county for the | ||
costs of legal services as described by Article 42A.301(b)(8) | ||
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obligation under Article 26.05(g). | ||
SECTION 10. Article 42A.655, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 42A.655. ABILITY TO PAY. (a) Notwithstanding any | ||
other provision of this chapter, the [ |
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whether the defendant has sufficient resources or income [ |
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make any payments under this chapter. | ||
(b) For a defendant who is ordered to make payments under | ||
this chapter, the court shall reconsider whether the defendant has | ||
sufficient resources or income to pay: | ||
(1) at least annually or at any time the defendant's | ||
financial status or required payments change in such a way that the | ||
defendant's ability to make a payment previously ordered by the | ||
court is substantially hindered; and | ||
(2) at any hearing held under Article 42A.751(d). | ||
(c) If the court determines that the defendant does not have | ||
sufficient resources or income to make any payment ordered by the | ||
court, including a payment required under Article 42A.652, the | ||
judge shall determine whether all or a portion of the payment should | ||
be: | ||
(1) required to be paid at a later date or in a | ||
specified portion at designated intervals; | ||
(2) waived completely or partially under Article | ||
43.091 or 45.0491; | ||
(3) discharged by performing community service under | ||
Article 42A.304 or 45.049, as applicable; or | ||
(4) satisfied through any combination of methods under | ||
Subdivisions (1)-(3). | ||
SECTION 11. Article 42A.701, Code of Criminal Procedure, is | ||
amended by amending Subsections (a), (b), and (d) and adding | ||
Subsections (b-1) and (c-1) to read as follows: | ||
(a) At any time after the defendant's time served on | ||
community supervision plus time credits received under Article | ||
42A.702 equals [ |
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of the original community supervision period or two years [ |
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terminate the period of community supervision. | ||
(b) Once a defendant's time served on community supervision | ||
plus time credits received under Article 42A.702 equals [ |
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period or two years [ |
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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 [ |
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(2) has not completed court-ordered counseling or | ||
treatment. | ||
(b-1) The supervision officer shall notify the court not | ||
later than the 30th day after the date a defendant who at the time of | ||
the review required by Subsection (b) was delinquent in paying | ||
restitution or had not completed court-ordered counseling or | ||
treatment, completes the remaining court-ordered counseling or | ||
treatment and makes the delinquent restitution payments, as | ||
applicable. The court shall review the defendant's record and | ||
consider whether to reduce or terminate the period of community | ||
supervision. | ||
(c-1) If, at the time a court conducts a review of a | ||
defendant's record under this article, the defendant has been | ||
compliant with the terms of community supervision for the preceding | ||
six months, the judge shall terminate the period of community | ||
supervision and discharge the defendant, unless the judge makes a | ||
finding that there is a substantial and compelling objective reason | ||
to deny early termination. Substantial and compelling reasons are | ||
limited to the following circumstances: | ||
(1) the defendant has exhibited a pattern of behavior | ||
while on community supervision indicating the defendant would be a | ||
substantial risk to public safety, including major violations of | ||
conditions of community supervision or additional criminal | ||
convictions; | ||
(2) there is verified objective evidence of | ||
substantial risk of harm to a victim of the offense for which the | ||
defendant is on community supervision; | ||
(3) the defendant has threatened harm to another | ||
person; | ||
(4) the defendant is a suspect in an active criminal | ||
investigation; or | ||
(5) the defendant is the subject of a pending felony | ||
charge. | ||
(d) If the judge determines that the defendant has not been | ||
compliant with the terms [ |
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or if the judge makes a finding under Subsection (c-1)(1) or (2), | ||
the judge shall advise the defendant in writing of the requirements | ||
for satisfactorily fulfilling those conditions. As soon as | ||
practicable after the 180th day after the date the judge advises the | ||
defendant under this subsection, but not later than the 270th day | ||
after that date, the judge shall review the defendant's record and | ||
again consider whether to reduce or terminate the period of | ||
community supervision. | ||
SECTION 12. Articles 42A.702(a), (c), and (d), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) This article applies only to a defendant who[ |
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deferred adjudication community supervision, for an offense | ||
punishable as a state jail felony or a felony of the third degree, | ||
other than an offense: | ||
(1) [ |
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adjudication" under Article 62.001(5); | ||
(2) [ |
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or | ||
(3) [ |
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(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: 60 [ |
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(2) fines: 90 [ |
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(3) attorney's fees: 90 [ |
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(4) restitution: 120 [ |
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(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: 90 [ |
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(2) anger management program: 90 [ |
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(3) life skills training program: 90 [ |
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(4) vocational, technical, or career education or | ||
training program: 120 [ |
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(5) alcohol or substance abuse counseling or | ||
treatment: 120 [ |
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(6) any other faith-based, volunteer, or | ||
community-based program ordered or approved by the court: 90 days. | ||
SECTION 13. Article 42A.751(i), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(i) In a revocation hearing at which it is alleged only that | ||
the defendant violated the conditions of community supervision by | ||
failing to pay community supervision fees or court costs or by | ||
failing to pay the costs of legal services as described by Article | ||
42A.301(b)(8) [ |
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preponderance of the evidence that the defendant was able to pay and | ||
did not pay as ordered by the judge. | ||
SECTION 14. 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 | ||
(Art. 42A.301(b)(14) [ |
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. . . not to exceed $50 for a misdemeanor offense or $100 for a | ||
felony offense; | ||
(6) payment to a crime stoppers organization as | ||
condition of community supervision (Art. 42A.301(b)(17) | ||
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(7) children's advocacy center fee (Art. 42A.455, Code | ||
of Criminal Procedure) . . . not to exceed $50; | ||
(8) family violence center fee (Art. 42A.504(b), Code | ||
of Criminal Procedure) . . . $100; | ||
(9) community supervision fee (Art. 42A.652(a), Code | ||
of Criminal Procedure) . . . not less than $25 or more than $60 per | ||
month; | ||
(10) additional community supervision fee for certain | ||
offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per | ||
month; | ||
(11) for certain financially able sex offenders as a | ||
condition of community supervision, the costs of treatment, | ||
specialized supervision, or rehabilitation (Art. 42A.452, Code of | ||
Criminal Procedure) . . . all or part of the 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; | ||
(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; | ||
(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; and | ||
(26) a cost on conviction for the truancy prevention | ||
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . | ||
$2. | ||
SECTION 15. Section 509.011(e), Government Code, is amended | ||
to read as follows: | ||
(e) In establishing per diem payments authorized by | ||
Subsections (a)(1) and (a)(2), the division shall consider the | ||
amounts appropriated in the General Appropriations Act for basic | ||
supervision as sufficient to provide basic supervision in each year | ||
of the fiscal biennium. For purposes of funding distributed for a | ||
defendant described by Subsection (a)(1), the division shall adopt | ||
provisions to award additional per capita funding based on each | ||
felony defendant supervised by a department who receives a | ||
discharge following: | ||
(1) the successful completion of the period of | ||
community supervision; or | ||
(2) an early termination of community supervision | ||
under Article 42A.111 or 42A.701, Code of Criminal Procedure, as | ||
applicable. | ||
SECTION 16. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 17. Section 509.011, Government Code, as amended by | ||
this Act, applies only to a payment based on an appropriation made | ||
for any state fiscal year beginning on or after September 1, 2020. | ||
SECTION 18. (a) Except as provided by Subsection (b) of | ||
this section, the change in law made by this Act to Chapter 42A, | ||
Code of Criminal Procedure, applies to a person on community | ||
supervision on or after the effective date of this Act, regardless | ||
of whether the person was placed on community supervision before, | ||
on, or after the effective date of this Act. | ||
(b) The change in law made by this Act to the amount of a | ||
time credit to which a defendant is entitled under Article | ||
42A.702(d), Code of Criminal Procedure, for successfully | ||
completing a treatment or rehabilitation program described by that | ||
article, applies only to a program that is completed on or after the | ||
effective date of this Act, regardless of whether the program began | ||
before, on, or after the effective date of this Act. The amount of a | ||
time credit for a program that was completed before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
program was completed, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 19. This Act takes effect September 1, 2019. |