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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of diligent participation credit to |
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defendants confined in a state jail felony facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 42A.559(b), (f), and (h), Code of |
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Criminal Procedure, are amended to read as follows: |
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(b) A defendant confined in a state jail felony facility |
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does not earn good conduct time for time served in the facility but |
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shall [may] be awarded diligent participation credit in accordance |
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with Subsection (f) [or (g)]. |
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(f) The [For a defendant with a judgment that contains a |
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finding under Article 42.0199 that the defendant is presumptively |
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entitled to diligent participation credit and who has not been the |
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subject of disciplinary action while confined in the state jail |
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felony facility, the] department shall credit against any time the |
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defendant is required to serve in a state jail felony facility |
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additional time for each day the defendant actually served in the |
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facility while diligently participating in an educational, |
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vocational, treatment, or work program. |
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(h) A time credit under Subsection (f) [or (g)] may not |
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exceed one-fifth of the amount of time the defendant is originally |
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required to serve in the facility. A defendant may not be awarded a |
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time credit under Subsection (f) [or (g)] for any period during |
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which the defendant is subject to disciplinary status. A time |
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credit under Subsection (f) [or (g)] is a privilege and not a right. |
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SECTION 2. The following provisions of the Code of Criminal |
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Procedure are repealed: |
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(1) Article 42.0199; and |
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(2) Article 42A.559(g). |
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SECTION 3. The change in law made by this Act applies only |
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to a person confined in a state jail felony facility for an offense |
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committed on or after the effective date of this Act. A person |
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confined in a state jail felony facility for an offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |