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.