By Ritter                                             H.B. No. 3114
         77R7160 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to conditions of community supervision imposed on certain
 1-3     felons.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 12, Article 42.12, Code of Criminal
 1-6     Procedure, is amended by amending Subsection (a) and adding
 1-7     Subsection (d) to read as follows:
 1-8           (a)(1)  If a judge having jurisdiction of a misdemeanor case
 1-9     requires as a condition of community supervision that the defendant
1-10     submit to a period of confinement in a county jail, the period of
1-11     confinement may not exceed 30 days.
1-12                 (2)  If a judge having jurisdiction of a felony case
1-13     requires as a condition of community supervision that the defendant
1-14     submit to a period of confinement in a county jail, the period of
1-15     confinement may not exceed 180 days.
1-16                 (3)  If a judge having jurisdiction of a felony case,
1-17     other than a state jail felony case, requires as a condition of
1-18     community supervision that the defendant submit to a period of
1-19     confinement in a state jail felony facility, the period of
1-20     confinement may not be less than 60 days and may not exceed one
1-21     year.
1-22           (d)  A judge that requires a defendant to submit to
1-23     confinement under Subsection (a)(3) may require the defendant to
1-24     perform any service or participate in any program that the judge
 2-1     could require of a defendant confined in a state jail felony
 2-2     facility after conviction of a state jail felony.
 2-3           SECTION 2.  Section 507.002, Government Code, is amended to
 2-4     read as follows:
 2-5           Sec. 507.002.  Eligible Defendants. The state jail division
 2-6     may confine in a state jail felony facility authorized by this
 2-7     subchapter defendants required by a judge to serve a term of
 2-8     confinement in a state jail felony facility:
 2-9                 (1)  following a grant of deferred adjudication for or
2-10     conviction of an offense punishable as a state jail felony; or
2-11                 (2)  as a condition of community supervision following
2-12     a grant of deferred adjudication for or conviction of an offense
2-13     punishable as a felony other than a state jail felony.
2-14           SECTION 3.  The change in law made by this Act applies to a
2-15     defendant on community supervision on or after the effective date
2-16     of this Act, regardless of the date on which the defendant was
2-17     placed on community supervision.
2-18           SECTION 4.  This Act takes effect September 1, 2001.