75R13344 GWK-D
By Whitmire S.B. No. 663
Substitute the following for S.B. No. 663:
By Hightower C.S.S.B. No. 663
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a judge to place a defendant convicted
1-3 of a state jail felony on community supervision, to the supervision
1-4 of those defendants, and to the facilities in which those
1-5 defendants may be confined.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsections (a) and (g), Section 15, Article
1-8 42.12, Code of Criminal Procedure, are amended to read as follows:
1-9 (a) On conviction of a state jail felony punished under
1-10 Section 12.35(a), Penal Code, the judge [shall suspend the
1-11 imposition of the sentence of confinement and place the defendant
1-12 on community supervision, unless the defendant has been previously
1-13 convicted of a felony, in which event the judge] may suspend the
1-14 imposition of the sentence and place the defendant on community
1-15 supervision or may order the sentence to be executed. The judge
1-16 may suspend in whole or in part the imposition of any fine imposed
1-17 on conviction.
1-18 (g) The facility director of a state jail felony facility
1-19 shall report to a judge who orders a defendant confined in the
1-20 facility as a condition of community supervision not less than
1-21 every 90 days on the defendant's programmatic progress, conduct,
1-22 and conformity to the rules of the facility.
1-23 SECTION 2. Subdivision (2), Subsection (f), Section 15,
1-24 Article 42.12, Code of Criminal Procedure, is amended to read as
2-1 follows:
2-2 (2) The court retains jurisdiction over the defendant
2-3 for the period during which the defendant is confined in [until the
2-4 first anniversary of the date the defendant is received into the
2-5 custody of] a state jail. At any time after the 75th day after the
2-6 date the defendant is received into the custody of a state jail,
2-7 the judge on the judge's own motion, on the motion of the attorney
2-8 representing the state, or on the motion of the defendant may
2-9 suspend further execution of the sentence and place the defendant
2-10 on community supervision under the conditions of this section.
2-11 SECTION 3. Subdivisions (1) and (2), Subsection (h), Section
2-12 15, Article 42.12, Code of Criminal Procedure, are amended to read
2-13 as follows:
2-14 (1) A defendant confined in a state jail felony
2-15 facility [after revocation of community supervision] does not earn
2-16 good conduct time for time served in the facility.
2-17 (2) A judge may credit against any time a defendant is
2-18 [subsequently] required to serve in a state jail felony facility
2-19 [after revocation of community supervision] time served by the
2-20 defendant in county jail from the time of the defendant's arrest
2-21 and confinement until sentencing by the trial court.
2-22 SECTION 4. Section 507.006, Government Code, is amended to
2-23 read as follows:
2-24 Sec. 507.006. USE OF FACILITY FOR OTHER [TRANSFER] INMATES.
2-25 (a) Notwithstanding any other provision of this subchapter, the
2-26 state jail division, with the approval of the board, may designate
2-27 one or more state jail felony facilities or discrete areas within
3-1 one or more state jail felony facilities to treat [house] inmates
3-2 who are eligible for confinement in a substance abuse felony
3-3 punishment facility under Section 493.009 or to house inmates who
3-4 are eligible for confinement in a transfer facility under Section
3-5 499.152, but only if the designation does not deny placement in a
3-6 state jail felony facility of defendants required to serve terms of
3-7 confinement in a facility following conviction of state jail
3-8 felonies. The division may not house in a state jail felony
3-9 facility an inmate who:
3-10 (1) has a history of or has shown a pattern of violent
3-11 or assaultive behavior in county jail or a facility operated by the
3-12 department; or
3-13 (2) will increase the likelihood of harm to the public
3-14 if housed in the facility.
3-15 (b) Sections 499.154 and 499.155 apply to an inmate eligible
3-16 for confinement in a transfer facility under Section 499.152 who is
3-17 nonetheless confined in a state jail felony facility in the same
3-18 manner as if the inmate were confined in a transfer facility.
3-19 (c) The responsibility of the department to provide
3-20 substance abuse felony punishment facilities is governed by the
3-21 General Appropriations Act and Section 493.009. This section does
3-22 not affect the responsibility of the department to provide
3-23 substance abuse felony punishment facilities.
3-24 SECTION 5. (a) The changes in law made by this Act to
3-25 Subsections (a), (f)(2), and (h)(1), Section 15, Article 42.12,
3-26 Code of Criminal Procedure, apply only to a defendant convicted of
3-27 an offense committed on or after the effective date of this Act.
4-1 The changes in law made by this Act to Subsections (g) and (h)(2),
4-2 Section 15, Article 42.12, Code of Criminal Procedure, apply to a
4-3 defendant convicted of an offense regardless of whether the
4-4 defendant committed the offense before, on, or after the effective
4-5 date of this Act. For purposes of this section, an offense is
4-6 committed before the effective date of this Act if any element of
4-7 the offense occurs before the effective date.
4-8 (b) For purposes of Subsections (a), (f)(2), and (h)(1),
4-9 Section 15, Article 42.12, Code of Criminal Procedure, as amended
4-10 by this Act, a defendant convicted of an offense committed before
4-11 the effective date of this Act is covered by the law in effect when
4-12 the offense was committed, and the former law is continued in
4-13 effect for that purpose.
4-14 SECTION 6. This Act takes effect September 1, 1997.
4-15 SECTION 7. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.