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.