Bill Text: TX HB607 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a court's continuing jurisdiction to handle the disposition of a felony case.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-04-17 - Left pending in committee [HB607 Detail]
Download: Texas-2017-HB607-Introduced.html
85R3530 KJE-F | ||
By: Minjarez | H.B. No. 607 |
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relating to a court's continuing jurisdiction to handle the | ||
disposition of a felony case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.202, Code of Criminal Procedure, is | ||
amended by amending Subsections (b), (c), (d), and (e) and adding | ||
Subsection (b-1) to read as follows: | ||
(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, subject to Subsection (b-1): | ||
(1) withdraw the adjudication of guilt, defer further | ||
proceedings in the matter, and place the defendant on deferred | ||
adjudication community supervision in accordance with Subchapter | ||
C; or | ||
(2) suspend further execution of the sentence and | ||
place the defendant on community supervision in accordance with | ||
Subchapter B. | ||
(b-1) A judge may take an action under Subsection (b) only | ||
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(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 take an action under Subsection (b) [ |
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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 take an action | ||
under Subsection (b) [ |
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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. If the judge denies | ||
the motion, the judge may also reduce the period of incarceration | ||
required by the original sentence imposed. | ||
SECTION 2. Article 42A.203(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Except as otherwise provided by Subsection (b), only the | ||
judge who originally sentenced the defendant may take an action | ||
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SECTION 3. Article 42A.558, Code of Criminal Procedure, is | ||
amended by amending Subsections (b), (c), and (d) and adding | ||
Subsection (e) to read as follows: | ||
(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 may, on the judge's own motion, on the motion of | ||
the attorney representing the state, or on the motion of the | ||
defendant: | ||
(1) withdraw the adjudication of guilt, defer further | ||
proceedings in the matter, and place the defendant on deferred | ||
adjudication community supervision in accordance with Subchapter | ||
C; or | ||
(2) [ |
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and place the defendant on community supervision in accordance with | ||
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(c) When the defendant or the attorney representing the | ||
state files a written motion requesting the judge to take an action | ||
under Subsection (b) [ |
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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 take an action under Subsection (b) [ |
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be delivered a copy of the motion to the office of the attorney | ||
representing the state. | ||
(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. If the judge denies | ||
the motion, the judge may also reduce the period of incarceration | ||
required by the original sentence imposed. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a defendant charged with or convicted of an offense committed on or | ||
after the effective date of this Act. A defendant charged with or | ||
convicted of an offense committed before the effective date of this | ||
Act is governed by the law in effect when 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 5. This Act takes effect September 1, 2017. |