77R10239 GWK-D                           
         By Ritter                                             H.B. No. 3114
         Substitute the following for H.B. No. 3114:
         By Hinojosa                                       C.S.H.B. No. 3114
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation or modification of community
 1-3     supervision for certain defendants.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 22, Article 42.12, Code of Criminal
 1-6     Procedure, is amended by amending Subsection (a) and by adding
 1-7     Subsection (e) to read as follows:
 1-8           (a)  If after a hearing under Section 21 of this article a
 1-9     judge continues or modifies community supervision after determining
1-10     that the defendant violated a condition of community supervision,
1-11     the judge may impose any other conditions the judge determines are
1-12     appropriate, including:
1-13                 (1)  a requirement that the defendant perform community
1-14     service for a number of hours specified by the court under Section
1-15     16 of this article, or an increase in the number of hours that the
1-16     defendant has previously been required to perform under those
1-17     sections in an amount not to exceed double the number of hours
1-18     permitted by Section 16;
1-19                 (2)  an increase in the period of community
1-20     supervision, in the manner described by Subsection (b) of this
1-21     section;
1-22                 (3)  an increase in the defendant's fine, in the manner
1-23     described by Subsection (d) of this section; [or]
1-24                 (4)  the placement of the defendant in a substance
 2-1     abuse felony punishment program operated under Section 493.009,
 2-2     Government Code, if:
 2-3                       (A)  the defendant is convicted of a felony other
 2-4     than:
 2-5                             (i)  a felony under Section 21.11, 22.011,
 2-6     or 22.021, Penal Code; or
 2-7                             (ii)  criminal attempt of a felony under
 2-8     Section 21.11, 22.011, or 22.021, Penal Code; and
 2-9                       (B)  the judge makes an affirmative finding that:
2-10                             (i)  drug or alcohol abuse significantly
2-11     contributed to the commission of the crime or violation of
2-12     community supervision; and
2-13                             (ii)  the defendant is a suitable candidate
2-14     for treatment, as determined by the suitability criteria
2-15     established by the Texas Board of Criminal Justice under Section
2-16     493.009(b), Government Code; or
2-17                 (5)  a requirement that the defendant submit to
2-18     confinement in a state jail felony facility for a period of not
2-19     less than 60 days or more than one year, if the defendant is
2-20     convicted of a felony other than:
2-21                       (A)  a state jail felony;
2-22                       (B)  a felony under Title 5 or Section 29.03,
2-23     Penal Code; or
2-24                       (C)  a felony for which registration as a sex
2-25     offender under Chapter 62 is required on conviction.
2-26           (e)(1)  A judge that requires a defendant to submit to
2-27     confinement under Subsection (a)(5) may require the defendant to
 3-1     perform any service or participate in any program that is made
 3-2     available to the defendant while the defendant is confined in the
 3-3     state jail felony facility.
 3-4                 (2)  If after a defendant is required to submit to
 3-5     confinement under Subsection (a)(5) the defendant's community
 3-6     supervision is revoked, the defendant is entitled to credit for
 3-7     time served in the state jail felony facility.
 3-8           SECTION 2.  Section 507.002, Government Code, is amended to
 3-9     read as follows:
3-10           Sec. 507.002.  Eligible Defendants. The state jail division
3-11     may confine in a state jail felony facility authorized by this
3-12     subchapter defendants required by a judge to serve a term of
3-13     confinement in a state jail felony facility:
3-14                 (1)  following a grant of deferred adjudication for or
3-15     conviction of an offense punishable as a state jail felony; or
3-16                 (2)  as a condition of continuation or modification of
3-17     community supervision under Section 22(a)(5), Article 42.12, Code
3-18     of Criminal Procedure.
3-19           SECTION 3.  The change in law made by this Act applies to a
3-20     defendant on community supervision on or after the effective date
3-21     of this Act, regardless of the date on which the defendant was
3-22     placed on community supervision.
3-23           SECTION 4.  This Act takes effect September 1, 2001.