By:  Chisum (Senate Sponsor - Duncan)                             H.B. No. 1180
	(In the Senate - Received from the House April 14, 2003; 
April 22, 2003, read first time and referred to Committee on 
Criminal Justice; May 21, 2003, reported favorably by the 
following vote:  Yeas 7, Nays 0; May 21, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to participation by a defendant in a state boot camp 
program.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 8(a), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(a)  For the purposes of this section, the jurisdiction of a 
court in which a sentence requiring imprisonment in the 
institutional division of the Texas Department of Criminal Justice 
is imposed for conviction of a felony shall continue for 180 [90] 
days from the date on which the convicted person is received into 
custody by the institutional division.  After the expiration of 75 
days but prior to the expiration of 180 [90] days from the date on 
which the convicted person is received into custody by the 
institutional division, the judge of the court that imposed the 
sentence may suspend further execution of the sentence imposed and 
place the person on community supervision under the terms and 
conditions of this article, if in the opinion of the judge the 
person would not benefit from further imprisonment.  The court 
shall clearly indicate in its order recommending the placement of 
the person in the state boot camp program that the court is not 
retaining jurisdiction over the person for the purposes of Section 
6 of this article.  A court may recommend a person for placement in 
the state boot camp program only if:
		(1)  the person is otherwise eligible for community 
supervision under this article;
		(2)  the person is 17 years of age or older but younger 
than 26 years and is physically and mentally capable of 
participating in a program that requires strenuous physical 
activity;  and
		(3)  the person is not convicted of an offense 
punishable as a state jail felony.
	SECTION 2.  Sections 499.052(a) and (d), Government Code, 
are amended to read as follows:
	(a)  The institutional division shall establish a program to 
confine persons who are required to serve not more than 180 [90] 
days in the institutional division as a condition of a sentence 
imposed under Section 8, Article 42.12, Code of Criminal Procedure.  
The institutional division may limit the number of persons 
participating in the program.
	(d)  The institutional division shall adopt rules of conduct 
for persons participating in the program under this section.  If the 
institutional division determines that a person is not complying 
with the rules or is medically or psychologically unsuitable for 
the program, the division shall end the person's participation in 
the program and request the sentencing court to reassume custody of 
the person.  If the court does not reassume custody and remove the 
person from the institutional division before the 12th day after 
the date the division notifies the court, the division shall 
transfer the person from the program to any unit within the division 
for the duration of the person's sentence or until further order of 
the court, provided the order is entered before the expiration of 
the 180 days from the date the execution of sentence actually 
begins.  If on the 181st [90th] day after a person begins 
participation in the program the court has not suspended the 
imposition of the person's sentence of confinement, the 
institutional division shall transfer the person from the program 
to any unit within the division.
	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.                           



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