By Alexander H.B. No. 966
76R2906 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the length of confinement in jail as a condition of
1-3 community supervision for certain intoxication offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 13(a) and (b), Article 42.12, Code of
1-6 Criminal Procedure, are amended to read as follows:
1-7 (a) A judge granting community supervision to a defendant
1-8 convicted of an offense under Chapter 49, Penal Code, shall require
1-9 as a condition of community supervision that the defendant submit
1-10 to:
1-11 (1) not less than 72 hours [three days] of continuous
1-12 confinement in county jail if the defendant was punished under
1-13 Section 49.09(a); not less than 10 days of continuous confinement
1-14 in county jail if the defendant was punished under Section 49.09(b)
1-15 [or (c)]; or not less than 30 days of continuous confinement in
1-16 county jail if the defendant was convicted under Section 49.07; and
1-17 (2) an evaluation by a supervision officer or by a
1-18 person, program, or facility approved by the Texas Commission on
1-19 Alcohol and Drug Abuse for the purpose of having the facility
1-20 prescribe and carry out a course of conduct necessary for the
1-21 rehabilitation of the defendant's drug or alcohol dependence
1-22 condition.
1-23 (b) A judge granting community supervision to a defendant
1-24 convicted of an offense under Section 49.08, Penal Code, shall
2-1 require as a condition of community supervision that the defendant
2-2 submit to a period of continuous confinement of not less than 120
2-3 days.
2-4 SECTION 2. The change in law made by this Act applies only
2-5 to an offense committed on or after the effective date of this Act.
2-6 An offense committed before the effective date of this Act is
2-7 covered by the law in effect when the offense was committed, and
2-8 the former law is continued in effect for that purpose. For
2-9 purposes of this section, an offense was committed before the
2-10 effective date of this Act if any element of the offense occurred
2-11 before that date.
2-12 SECTION 3. This Act takes effect September 1, 1999.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.