By Truan S.B. No. 75
76R1885 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to crediting time served in confinement by a defendant
1-3 while on community supervision toward completion of a sentence in a
1-4 criminal case.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2(a), Article 42.03, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 (a) In all criminal cases the judge of the court in which
1-9 the defendant was convicted shall give the defendant credit on his
1-10 sentence for the time that the defendant has spent in jail in said
1-11 cause[, other than confinement served as a condition of community
1-12 supervision,] from the time of his arrest and confinement until his
1-13 sentence by the trial court.
1-14 SECTION 2. Section 23, Article 42.12, Code of Criminal
1-15 Procedure, is amended by amending Subsection (b) and adding
1-16 Subsection (c) to read as follows:
1-17 (b) Except as provided by Subsection (c), no [No] part of
1-18 the time that the defendant is on community supervision shall be
1-19 considered as any part of the time that he shall be sentenced to
1-20 serve. The right of the defendant to appeal for a review of the
1-21 conviction and punishment, as provided by law, shall be accorded
1-22 the defendant at the time he is placed on community supervision.
1-23 When he is notified that his community supervision is revoked for
1-24 violation of the conditions of community supervision and he is
2-1 called on to serve a sentence in a jail or in the institutional
2-2 division of the Texas Department of Criminal Justice, he may appeal
2-3 the revocation.
2-4 (c) On revocation of community supervision, the judge shall
2-5 credit the defendant for all time served in confinement as a
2-6 condition of community supervision under Section 12 or 13 of this
2-7 article and time served in confinement while awaiting a hearing
2-8 under Section 21 of this article.
2-9 SECTION 3. The change in law made by this Act applies only
2-10 to credit for time served in confinement as a condition of
2-11 community supervision and time served in confinement while awaiting
2-12 a revocation hearing on or after the effective date of this Act.
2-13 Credit for time served as a condition of community supervision or
2-14 while awaiting a revocation hearing before the effective date of
2-15 this Act is covered by the law in effect when the time was served,
2-16 and the former law is continued in effect for that purpose.
2-17 SECTION 4. This Act takes effect September 1, 1999.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.