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.