By Hinojosa H.B. No. 839
77R3406 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to time served under community supervision as a credit
1-3 against a sentence executed after revocation of community
1-4 supervision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 23(b), Article 42.12, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 (b) On revocation under Subsection (a), the court shall
1-9 consider [No part of] the time that the defendant was [is] on
1-10 community supervision as time served [shall be considered as any
1-11 part of the time that he shall be sentenced to serve]. The right
1-12 of the defendant to appeal for a review of the conviction and
1-13 punishment, as provided by law, shall be accorded the defendant at
1-14 the time he is placed on community supervision. When he is
1-15 notified that his community supervision is revoked for violation of
1-16 the conditions of community supervision and he is called on to
1-17 serve a sentence in a jail or in the institutional division of the
1-18 Texas Department of Criminal Justice, he may appeal the revocation.
1-19 SECTION 2. The change in law made by this Act applies to a
1-20 revocation of community supervision that is entered by a court on
1-21 or after the effective date of this Act, regardless of whether the
1-22 defendant was placed on community supervision before, on, or after
1-23 the effective date of this Act.
1-24 SECTION 3. This Act takes effect September 1, 2001.