78R7418 KCR-D

By:  Alonzo                                                       H.B. No. 2287



A BILL TO BE ENTITLED

AN ACT

relating to community supervision granted to certain defendants 
using or exhibiting a deadly weapon in connection with a criminal 
offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 3g(b), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(b)  If there is an affirmative finding under Subsection 
(a)(2) in the trial of a felony of the second degree or higher that 
the defendant [deadly weapon] used or exhibited [was] a deadly 
weapon [firearm] and the defendant is granted community 
supervision, the court may order the defendant confined in the 
institutional division of the Texas Department of Criminal Justice 
for not less than 60 and not more than 120 days.  At any time after 
the defendant has served 60 days in the custody of the institutional 
division, the sentencing judge, on his own motion or on motion of 
the defendant, may order the defendant released to community 
supervision.  The institutional division shall release the 
defendant to community supervision after he has served 120 days.
	SECTION 2.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003. An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense occurred before that date.