By: Culberson H.B. No. 2352
72S40018 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of boot camp programs in intermediate sanction
1-3 facilities for probation violators.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) If after a hearing under Section 24 of this article a
1-8 court continues or modifies a felony probation after determining
1-9 that the probationer violated a condition of probation, the court
1-10 may impose one or more of the following sanctions on the
1-11 probationer:
1-12 (1) a requirement that the probationer perform work
1-13 probation or community service for a number of hours specified by
1-14 the court under Section 16 or 17 of this article, or an increase in
1-15 the number of hours that the probationer has previously been
1-16 required to perform under those sections;
1-17 (2) an increase in the period of probation, in the
1-18 manner described by Subsection (b) of this section;
1-19 (3) an increase in the probationer's fine, in the
1-20 manner described by Subsection (c) of this section;
1-21 (4) the placement of the probationer in an intensive
1-22 or maximum probation program, in the same manner and under the same
1-23 conditions as if the court had originally placed the probationer in
1-24 that program;
2-1 (5) the placement of the probationer in an electronic
2-2 monitoring program under Section 21 of this article;
2-3 (6) confinement in the county jail for a period not to
2-4 exceed 30 days, to be served consecutively, or at the discretion of
2-5 the court, in the manner provided by Article 42.033 or 42.034 of
2-6 this code;
2-7 (7) placement in a community corrections facility:
2-8 (A) <,> in the same manner and under the same
2-9 conditions as if the court had originally placed the probationer in
2-10 that program, if the probationer would have been eligible for
2-11 sentencing to the center on conviction of the offense for which the
2-12 probationer received probation; or
2-13 (B) the program for which is a boot camp program
2-14 that requires the probationer to participate in strenuous exercise
2-15 and experience military discipline;
2-16 (8) confinement in the county jail for a period not to
2-17 exceed 90 days, to be served consecutively; or
2-18 (9) confinement in a facility operated by the
2-19 institutional division of the Texas Department of Criminal Justice
2-20 for a period of either 60 or 90 days, as specified by the court, if
2-21 the court enters in the order modifying probation a statement that
2-22 the court has previously imposed three or more sanctions on the
2-23 defendant under this section.
2-24 SECTION 2. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and that this Act take effect and be in force from and after its
3-3 passage, and it is so enacted.