By Uher                                                H.B. No. 614
       74R223 NSC-D
                                 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 on which the convicted person is received into
   1-12  custody by the institutional division.  After the expiration of 75
   1-13  days but prior to the expiration of 90 days from the date on which
   1-14  the convicted person is received into custody by the institutional
   1-15  division, the judge of the court that imposed the sentence may
   1-16  suspend further execution of the sentence imposed and place the
   1-17  person on community supervision under the terms and conditions of
   1-18  this article, if in the opinion of the judge the person would not
   1-19  benefit from further imprisonment.  The court shall clearly
   1-20  indicate in its order recommending the placement of the person in
   1-21  the state boot camp program that the court is not retaining
   1-22  jurisdiction over the person for the purposes of Section 6 of this
   1-23  article.  A court may recommend a person for placement in the state
   1-24  boot camp program only if:
    2-1              (1)  the person is otherwise eligible for community
    2-2  supervision under this article;
    2-3              (2)  the person is 15 <17> years of age or older but
    2-4  younger than 26 years and is physically and mentally capable of
    2-5  participating in a program that requires strenuous physical
    2-6  activity; and
    2-7              (3)  the person is not convicted of an offense
    2-8  punishable as a state jail felony.
    2-9        SECTION 2.  (a)  The change in law made by this Act applies
   2-10  only to a defendant sentenced for an offense committed on or after
   2-11  the effective date of this Act.  For purposes of this section, an
   2-12  offense is committed before the effective date of this Act if any
   2-13  element of the offense occurs before the effective date.
   2-14        (b)  A defendant sentenced for an offense committed before
   2-15  the effective date of this Act is covered by the law in effect when
   2-16  the offense was committed, and the former law is continued in
   2-17  effect for this purpose.
   2-18        SECTION 3.  This Act takes effect September 1, 1995.
   2-19        SECTION 4.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.