By Uher H.B. No. 614
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of a defendant for placement in the
1-3 state boot camp program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 8(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) For the purposes of this section, the jurisdiction of a
1-8 court in which a sentence requiring imprisonment in the
1-9 institutional division of the Texas Department of Criminal Justice
1-10 is imposed for conviction of a felony shall continue for 90 days
1-11 from the date the execution of the sentence begins <on which the
1-12 convicted person is received into custody by the institutional
1-13 division>. After the expiration of 75 days but prior to the
1-14 expiration of 90 days from the date the execution of the sentence
1-15 begins <on which the convicted person is received into custody by
1-16 the institutional division>, the judge of the court that imposed
1-17 the sentence may suspend further execution of the sentence imposed
1-18 and place the person on community supervision under the terms and
1-19 conditions of this article, if in the opinion of the judge the
1-20 person would not benefit from further imprisonment. The court
1-21 shall clearly indicate in its order recommending the placement of
1-22 the person in the state boot camp program that the court is not
1-23 retaining jurisdiction over the person for the purposes of Section
1-24 6 of this article. A court may recommend a person for placement in
2-1 the state boot camp program only if:
2-2 (1) the person is otherwise eligible for community
2-3 supervision under this article;
2-4 (2) the person is 15 <17> years of age or older but
2-5 younger than 26 years and is physically and mentally capable of
2-6 participating in a program that requires strenuous physical
2-7 activity; and
2-8 (3) the person is not convicted of an offense
2-9 punishable as a state jail felony.
2-10 SECTION 2. (a) The change in law made by this Act applies
2-11 only to a defendant sentenced for an offense committed on or after
2-12 the effective date of this Act. For purposes of this section, an
2-13 offense is committed before the effective date of this Act if any
2-14 element of the offense occurs before the effective date.
2-15 (b) A defendant sentenced for an offense committed before
2-16 the effective date of this Act is covered by the law in effect when
2-17 the offense was committed, and the former law is continued in
2-18 effect for this purpose.
2-19 SECTION 3. This Act takes effect September 1, 1995.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.