1-1 By: Whitmire S.B. No. 663
1-2 (In the Senate - Filed February 19, 1997; February 24, 1997,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 1, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 1, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 663 By: Whitmire
1-8 AN ACT
1-9 relating to the authority of a judge to place a defendant convicted
1-10 of a state jail felony on community supervision, to the supervision
1-11 of those defendants, and to the facilities in which those
1-12 defendants may be confined.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsections (a), (d), (e), and (g), Section 15,
1-15 Article 42.12, Code of Criminal Procedure, are amended to read as
1-16 follows:
1-17 (a) On conviction of a state jail felony punished under
1-18 Section 12.35(a), Penal Code, the judge [shall suspend the
1-19 imposition of the sentence of confinement and place the defendant
1-20 on community supervision, unless the defendant has been previously
1-21 convicted of a felony, in which event the judge] may suspend the
1-22 imposition of the sentence and place the defendant on community
1-23 supervision or may order the sentence to be executed. The judge
1-24 may suspend in whole or in part the imposition of any fine imposed
1-25 on conviction.
1-26 (d) A judge may impose as a condition of community
1-27 supervision that a defendant submit at any time during [the
1-28 beginning of] the period of community supervision to a term of
1-29 confinement in a state jail felony facility for a term of not less
1-30 than 90 days or more than 180 days, or a term of not less than 90
1-31 days or more than one year if the defendant is convicted of an
1-32 offense punishable as a state jail felony under Section 481.112,
1-33 481.113, or 481.120, Health and Safety Code. A judge in the same
1-34 order may not require a defendant to submit to both the term of
1-35 confinement authorized by this subsection and a term of confinement
1-36 under Section 5 or 12 of this article. [For the purposes of this
1-37 subsection, a defendant previously has been convicted of a felony
1-38 regardless of whether the sentence for the previous conviction was
1-39 actually imposed or was probated and suspended.]
1-40 (e) If a defendant violates a condition of community
1-41 supervision imposed on the defendant under this article and after a
1-42 hearing under Section 21 of this article the judge modifies the
1-43 defendant's community supervision, the judge may impose any
1-44 sanction permitted by Section 22 of this article[, except that the
1-45 judge may not require a defendant to serve a period of confinement
1-46 in a state jail felony facility as a modification of the
1-47 defendant's community supervision].
1-48 (g) The facility director of a state jail felony facility
1-49 shall report to a judge who orders a defendant confined in the
1-50 facility as a condition of community supervision not less than
1-51 every 90 days on the defendant's programmatic progress, conduct,
1-52 and conformity to the rules of the facility.
1-53 SECTION 2. Subdivision (2), Subsection (f), Section 15,
1-54 Article 42.12, Code of Criminal Procedure, is amended to read as
1-55 follows:
1-56 (2) The court retains jurisdiction over the defendant
1-57 for the period during which the defendant is confined in [until the
1-58 first anniversary of the date the defendant is received into the
1-59 custody of] a state jail. At any time after the 75th day after the
1-60 date the defendant is received into the custody of a state jail,
1-61 the judge on the judge's own motion, on the motion of the attorney
1-62 representing the state, or on the motion of the defendant may
1-63 suspend further execution of the sentence and place the defendant
1-64 on community supervision under the conditions of this section.
2-1 SECTION 3. Subdivisions (1) and (2), Subsection (h), Section
2-2 15, Article 42.12, Code of Criminal Procedure, are amended to read
2-3 as follows:
2-4 (1) A defendant confined in a state jail felony
2-5 facility [after revocation of community supervision] does not earn
2-6 good conduct time for time served in the facility.
2-7 (2) A judge may credit against any time a defendant is
2-8 [subsequently] required to serve in a state jail felony facility
2-9 [after revocation of community supervision] time served by the
2-10 defendant in county jail from the time of the defendant's arrest
2-11 and confinement until sentencing by the trial court.
2-12 SECTION 4. Section 507.006, Government Code, is amended to
2-13 read as follows:
2-14 Sec. 507.006. USE OF FACILITY FOR OTHER [TRANSFER] INMATES.
2-15 (a) Notwithstanding any other provision of this subchapter, the
2-16 state jail division, with the approval of the board, may designate
2-17 one or more state jail felony facilities or discrete areas within
2-18 one or more state jail felony facilities to house inmates who are
2-19 eligible for confinement in a substance abuse felony punishment
2-20 facility under Section 493.009 or in a transfer facility under
2-21 Section 499.152, but only if the designation does not deny
2-22 placement in a state jail felony facility of defendants required to
2-23 serve terms of confinement in a facility following conviction of
2-24 state jail felonies. The division may not house in a state jail
2-25 felony facility an inmate who:
2-26 (1) has a history of or has shown a pattern of violent
2-27 or assaultive behavior in county jail or a facility operated by the
2-28 department; or
2-29 (2) will increase the likelihood of harm to the public
2-30 if housed in the facility.
2-31 (b) Sections 499.154 and 499.155 apply to an inmate eligible
2-32 for confinement in a transfer facility under Section 499.152 who is
2-33 nonetheless confined in a state jail felony facility in the same
2-34 manner as if the inmate were confined in a transfer facility.
2-35 SECTION 5. (a) The changes in law made by this Act to
2-36 Subsections (a), (f)(2), and (h)(1), Section 15, Article 42.12,
2-37 Code of Criminal Procedure, apply only to a defendant convicted of
2-38 an offense committed on or after the effective date of this Act.
2-39 The changes in law made by this Act to Subsections (d), (e), (g),
2-40 and (h)(2), Section 15, Article 42.12, Code of Criminal Procedure,
2-41 apply to a defendant convicted of an offense regardless of whether
2-42 the defendant committed the offense before, on, or after the
2-43 effective date of this Act. For purposes of this section, an
2-44 offense is committed before the effective date of this Act if any
2-45 element of the offense occurs before the effective date.
2-46 (b) For purposes of Subsections (a), (f)(2), and (h)(1),
2-47 Section 15, Article 42.12, Code of Criminal Procedure, as amended
2-48 by this Act, a defendant convicted of an offense committed before
2-49 the effective date of this Act is covered by the law in effect when
2-50 the offense was committed, and the former law is continued in
2-51 effect for that purpose.
2-52 SECTION 6. This Act takes effect September 1, 1997.
2-53 SECTION 7. The importance of this legislation and the
2-54 crowded condition of the calendars in both houses create an
2-55 emergency and an imperative public necessity that the
2-56 constitutional rule requiring bills to be read on three several
2-57 days in each house be suspended, and this rule is hereby suspended.
2-58 * * * * *