By: Smith, Dalton H.B. No. 309
73R1089 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of a curfew as a condition of probation
1-3 for a person convicted of a felony.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11, Article 42.12, Code of Criminal
1-6 Procedure, is amended by adding Subsection (i) to read as follows:
1-7 (i) If a court grants probation to a person convicted for
1-8 the first time of a felony, the court shall require as a condition
1-9 of the probation that the person observe a curfew during which time
1-10 the person must remain at a specified residence of the person daily
1-11 from 10 p.m. until 6 a.m. for at least 120 days, unless the
1-12 person's hours of employment conflict with the curfew hours, in
1-13 which event the court may adjust the curfew to avoid the conflict.
1-14 SECTION 2. (a) The change in law made by this Act applies
1-15 only to an offense committed on or after the effective date of this
1-16 Act. For purposes of this section, an offense is committed before
1-17 the effective date of this Act if any element of the offense occurs
1-18 before the effective date.
1-19 (b) An offense committed before the effective date of this
1-20 Act is covered by the law in effect when the offense was committed,
1-21 and the former law is continued in effect for this purpose.
1-22 SECTION 3. This Act takes effect September 1, 1993.
1-23 SECTION 4. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.