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.