78R283 GWK-D

By:  Chisum                                                       H.B. No. 41 


A BILL TO BE ENTITLED
AN ACT
relating to the confinement of defendants convicted of state jail felonies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.35, Penal Code, is amended by amending Subsection (a) and by adding Subsection (d) to read as follows: (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail or a community corrections facility for any term of not more than two years or less than 180 days. (d) In this section, "community corrections facility" has the meaning assigned by Section 509.001, Government Code. SECTION 2. Section 15, Article 42.12, Code of Criminal Procedure, is amended by amending Subsections (d), (e), (f), (g), and (h) and by adding Subsection (i) to read as follows: (d) A judge may impose as a condition of community supervision that a defendant submit at the beginning of the period of community supervision to a term of confinement in a state jail felony facility or a community corrections facility for a term of not less than 90 days or more than 180 days, or a term of not less than 90 days or more than one year if the defendant is convicted of an offense punishable as a state jail felony under Section 481.112, 481.1121, 481.113, or 481.120, Health and Safety Code. A judge may not require a defendant to submit to both the term of confinement authorized by this subsection and a term of confinement under Section 5 or 12 of this article. For the purposes of this subsection, a defendant previously has been convicted of a felony regardless of whether the sentence for the previous conviction was actually imposed or was probated and suspended. (e) If a defendant violates a condition of community supervision imposed on the defendant under this article and after a hearing under Section 21 of this article the judge modifies the defendant's community supervision, the judge may impose any sanction permitted by Section 22 of this article, except that if the judge requires a defendant to serve a period of confinement in a state jail felony facility or a community corrections facility as a modification of the defendant's community supervision, the minimum term of confinement is 90 days and the maximum term of confinement is 180 days. (f)(1) If a defendant violates a condition of community supervision imposed on the defendant under this article and after a hearing under Section 21 of this article the judge revokes the defendant's community supervision, the judge shall dispose of the case in the manner provided by Section 23 of this article. (2) The court retains jurisdiction over the defendant for the period during which the defendant is confined in a state jail or a community corrections facility. At any time after the 75th day after the date the defendant is received into the custody of a state jail or a community corrections facility, the judge on the judge's own motion, on the motion of the attorney representing the state, or on the motion of the defendant may suspend further execution of the sentence and place the defendant on community supervision under the conditions of this section. (3) When the defendant or the attorney representing the state files a written motion requesting suspension by the judge of further execution of the sentence and placement of the defendant on community supervision, the clerk of the court, if requested to do so by the judge, shall request a copy of the defendant's record while confined from the facility director of the state jail felony facility or community corrections facility in which the defendant is confined or, if the defendant is confined in county jail, from the sheriff. On receipt of the request, the facility director or the sheriff shall forward to the judge, as soon as possible, a full and complete copy of the defendant's record while confined. When the defendant files a written motion requesting suspension of further execution of the sentence and placement on community supervision, he shall immediately deliver or cause to be delivered a true and correct copy of the motion to the office of the attorney representing the state. The judge may deny the motion without a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion. (g) The facility director of a state jail felony facility or community corrections facility shall report to a judge who orders a defendant confined in the facility as a condition of community supervision or as sanction imposed as a modification of community supervision under Subsection (e) not less than every 90 days on the defendant's programmatic progress, conduct, and conformity to the rules of the facility. (h)(1) A defendant confined in a state jail felony facility or community corrections facility does not earn good conduct time for time served in the facility. (2) A judge may credit against any time a defendant is required to serve in a state jail felony facility or community corrections facility time served by the defendant in county jail from the time of the defendant's arrest and confinement until sentencing by the trial court. (3) A judge shall credit against any time a defendant is subsequently required to serve in a state jail felony facility or community corrections facility after revocation of community supervision any time served by the defendant in a state jail felony facility or community corrections facility after sentencing. (i) In this section, "community corrections facility" has the meaning assigned by Section 509.001, Government Code. SECTION 3. (a) The change in law made by this Act applies only to a defendant convicted of an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date. (b) A defendant convicted of an offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2003.