79S10262 MFC-F
By: Madden H.B. No. 69
A BILL TO BE ENTITLED
AN ACT
relating to the operation of a system of community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(a), Article 42.03, Code of Criminal
Procedure, is amended to read as follows:
(a) In all criminal cases the judge of the court in which the
defendant was convicted shall give the defendant credit on the
defendant's [his] sentence for the time that the defendant has
spent in jail or in a court-ordered residential program or facility
in said cause[, other than confinement served as a condition of
community supervision,] from the time of the defendant's [his]
arrest and confinement until the defendant's [his] sentence by the
trial court, including confinement in jail or in a court-ordered
residential program or facility ordered as a condition of deferred
adjudication community supervision.
SECTION 2. Section 3, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 3. JUDGE ORDERED COMMUNITY SUPERVISION. (a) A judge,
in the best interest of justice, the public, and the defendant,
after conviction or a plea of guilty or nolo contendere, may suspend
the imposition of the sentence and place the defendant on community
supervision or impose a fine applicable to the offense and place the
defendant on community supervision.
(b) In [Except as provided by Subsection (f), in] a felony
case the minimum period of community supervision is the same as the
minimum term of imprisonment applicable to the offense and the
maximum period of community supervision is, subject to the
extensions provided by Section 22:
(1) 10 years, for a felony listed in Section 3g, a
felony for which on conviction registration as a sex offender is
required by Chapter 62, a felony under Section 22.01(b)(1), Penal
Code, a felony of the third degree under Section 38.14(e), Penal
Code, a felony under Section 49.07, Penal Code, a felony punishable
under Section 49.09(b), Penal Code, or any other first or second
degree felony; and
(2) 5 years, for a third degree felony other than a
third degree felony otherwise described by Subdivision (1).
(c) The maximum period of community supervision in a
misdemeanor case is two years, subject to extensions provided by
Section 22.
(d) [A judge may increase the maximum period of community
supervision in the manner provided by Section 22(c) or 22A of this
article.
[(e)] A defendant is not eligible for community supervision
under this section if the defendant[:
[(1)] is sentenced to a term of imprisonment that
exceeds 10 years[; or
[(2) is sentenced to serve a term of confinement under
Section 12.35, Penal Code].
(e) [(f) The minimum period of community supervision for a
felony described by Section 13B(b) is five years and the maximum
period of supervision is 10 years.
[(g)] A judge shall not deny community supervision to a
defendant based solely on the defendant's inability to speak, read,
write, hear, or understand English.
(f) This section applies to offenses listed in Section 3g
only to the extent that Subsection (b) establishes minimum and
maximum periods of community supervision for those offenses.
SECTION 3. (a) Section 4(b), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(b) If the jury recommends to the judge that the judge place
the defendant on community supervision, the judge shall place the
defendant on community supervision for any period permitted under
Section 3(b) or 3(c) [of this article], as appropriate, subject to
the extensions provided by Section 22.
(b) Section 4(d), Article 42.12, Code of Criminal
Procedure, as amended by House Bill No. 1759, Acts of the 79th
Legislature, Regular Session, 2005, effective September 1, 2005, is
amended to read as follows:
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Section 15(a);
(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true; [or]
(4) is adjudged guilty of an offense for which
punishment is increased under Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any one of those subsections; or
(5) is adjudged guilty of an offense under Section
19.02, Penal Code.
SECTION 4. Section 5(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsection (d) of this section,
when in the judge's opinion the best interest of society and the
defendant will be served, the judge may, after receiving a plea of
guilty or plea of nolo contendere, hearing the evidence, and
finding that it substantiates the defendant's guilt, defer further
proceedings without entering an adjudication of guilt, and place
the defendant on community supervision. A judge may place on
community supervision under this section a defendant charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Section 13B(b) of this article, only if the
judge makes a finding in open court that placing the defendant on
community supervision is in the best interest of the victim. The
failure of the judge to find that deferred adjudication is in the
best interest of the victim is not grounds for the defendant to set
aside the plea, deferred adjudication, or any subsequent conviction
or sentence. After placing the defendant on community supervision
under this section, the judge shall inform the defendant orally or
in writing of the possible consequences under Subsection (b) of
this section of a violation of community supervision. If the
information is provided orally, the judge must record and maintain
the judge's statement to the defendant. The failure of a judge to
inform a defendant of possible consequences under Subsection (b) of
this section is not a ground for reversal unless the defendant shows
that he was harmed by the failure of the judge to provide the
information. The minimum and maximum terms of a period of community
supervision under this section are the same terms provided under
Section 3(b), subject to the extensions provided by Section 22. [In
a felony case, the period of community supervision may not exceed 10
years. For a defendant charged with a felony under Section 21.11,
22.011, or 22.021, Penal Code, regardless of the age of the victim,
and for a defendant charged with a felony described by Section
13B(b) of this article, the period of community supervision may not
be less than five years.] In a misdemeanor case, the period of
community supervision may not exceed two years, subject to the
extensions provided by Section 22. [A judge may increase the
maximum period of community supervision in the manner provided by
Section 22(c) or 22A of this article.] The judge may impose a fine
applicable to the offense and require any reasonable conditions of
community supervision, including mental health treatment under
Section 11(d) of this article, that a judge could impose on a
defendant placed on community supervision for a conviction that was
probated and suspended, including confinement. The provisions of
Section 15 of this article specifying whether a defendant convicted
of a state jail felony is to be confined in a county jail or state
jail felony facility and establishing the minimum and maximum terms
of confinement as a condition of community supervision apply in the
same manner to a defendant placed on community supervision after
pleading guilty or nolo contendere to a state jail felony. However,
upon written motion of the defendant requesting final adjudication
filed within 30 days after entering such plea and the deferment of
adjudication, the judge shall proceed to final adjudication as in
all other cases.
SECTION 5. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) On conviction of a state jail felony under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision, unless the defendant has previously been convicted of
a felony, other than a felony punished under Section 12.44(a),
Penal Code, in which event the judge may suspend the imposition of
the sentence and place the defendant on community supervision or
may order the sentence to be executed. The provisions of this
subdivision requiring the judge to suspend the imposition of the
sentence and place the defendant on community supervision do not
apply to a defendant who under Section 481.1151(b)(1), Health and
Safety Code, possessed more than five abuse units of the controlled
substance or under Section 481.121(b)(3), Health and Safety Code,
possessed more than one pound of marihuana.
SECTION 6. Sections 15(h)(2) and (3), Article 42.12, Code
of Criminal Procedure, are amended to read as follows:
(2) A judge may credit against any time a defendant is
required to serve in a state jail felony facility time served by the
defendant in a county jail or a court-ordered residential program
or facility from the time of the defendant's arrest and confinement
until sentencing by the trial court, including any time spent in
custody waiting to enter a court-ordered residential program or
facility, but only if the defendant successfully completes the
court-ordered residential program after sentencing.
(3) A judge shall credit against any time a defendant
is subsequently required to serve in a state jail felony facility
after revocation of community supervision any time served by the
defendant in a state jail felony facility or court-ordered
residential program or facility after sentencing.
SECTION 7. Section 16(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) A judge may [shall] require as a condition of community
supervision[,] that the defendant work a specified number of hours
at a community service project or projects for an organization or
organizations approved by the judge and designated by the
department. The judge may not require that a defendant work at a
community service project if[, unless] the judge determines and
notes on the order placing the defendant on community supervision
that:
(1) the defendant is physically or mentally incapable
of participating in the project;
(2) participating in the project will work a hardship
on the defendant or the defendant's dependents;
(3) the defendant is to be confined in a substance
abuse punishment facility as a condition of community supervision;
or
(4) there is other good cause shown.
SECTION 8. Sections 20(a) and (b), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
(a) At any time[,] after the defendant has satisfactorily
completed one-third of the original community supervision period or
two years of community supervision, whichever is less, the period
of community supervision may be reduced or terminated by the judge.
On completion of one-half of the original community supervision
period, the judge shall review the defendant's record and consider
whether to reduce or terminate the period of community supervision,
unless the defendant is delinquent in paying required restitution,
fines, costs, or fees that the defendant has the ability to pay or
the defendant has not completed court-ordered counseling or
treatment. Before conducting the review, the judge shall notify
the attorney representing the state and the defendant. If a
defendant's community supervision record is not reviewed on
completion of one-half of the original community supervision period
because the defendant is delinquent in paying restitution, fines,
costs, or fees or has not completed court-ordered counseling or
treatment, not later than 12 months after the defendant has paid the
restitution, fines, costs, or fees or completed the counseling or
treatment the judge shall review the defendant's community
supervision record and consider whether to terminate or reduce the
period of community supervision. A judge may not refuse to
terminate a period of community supervision solely on the ground
that the defendant is indigent and unable to pay restitution,
fines, costs, or fees. If the judge determines that the defendant
has failed to satisfactorily fulfill the conditions of community
supervision, the judge shall advise the defendant in writing of the
requirements for satisfactorily fulfilling those conditions. Upon
the satisfactory fulfillment of the conditions of community
supervision, and the expiration of the period of community
supervision, the judge, by order duly entered, shall amend or
modify the original sentence imposed, if necessary, to conform to
the community supervision period and shall discharge the defendant.
If the judge discharges the defendant under this section, the judge
may set aside the verdict or permit the defendant to withdraw the
defendant's [his] plea, and shall dismiss the accusation,
complaint, information or indictment against the defendant, who
shall thereafter be released from all penalties and disabilities
resulting from the offense or crime of which the defendant [he] has
been convicted or to which the defendant [he] has pleaded guilty,
except that:
(1) proof of the conviction or plea of guilty shall be
made known to the judge should the defendant again be convicted of
any criminal offense; and
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision under this
article in issuing, renewing, denying, or revoking a license under
that chapter.
(b) This section does not apply to a defendant convicted of
an offense under Sections 49.04-49.08, Penal Code, a defendant
convicted of an offense for which on conviction registration as a
sex offender is required under Chapter 62, or a defendant convicted
of a felony described by Section 3g[, as added by Chapter 668, Acts
of the 75th Legislature, Regular Session, 1997, or a defendant
convicted of an offense punishable as a state jail felony].
SECTION 9. Section 22(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) The judge may extend a period of community supervision
on a showing of good cause under this section as often as the judge
determines is necessary, but the period of community supervision in
a first, second, or third degree felony case may not exceed 10 years
and, except as otherwise provided by this subsection, the period of
community supervision in a misdemeanor case may not exceed three
years. The judge may extend the period of community supervision in
a misdemeanor case for any period the judge determines is
necessary, not to exceed an additional two years beyond the
three-year limit, if the defendant fails to pay a previously
assessed fine, costs, or restitution and the judge determines that
extending the period of supervision increases the likelihood that
the defendant will fully pay the fine, costs, or restitution. A
court may extend a period of community supervision under this
section at any time during the period of supervision or, if a motion
for revocation of community supervision is filed before the period
of supervision ends, before the first anniversary of the date on
which the period of supervision expires.
SECTION 10. Section 23(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(b) No part of the time that the defendant is on community
supervision shall be considered as any part of the time that he
shall be sentenced to serve, except that on revocation, the judge
may credit to the defendant time served by the defendant as a
condition of community supervision in a county jail, community
corrections facility, or court-ordered residential program or
facility, but only if the defendant successfully completes the
court-ordered residential program after sentencing. The right of
the defendant to appeal for a review of the conviction and
punishment, as provided by law, shall be accorded the defendant at
the time he is placed on community supervision. When he is notified
that his community supervision is revoked for violation of the
conditions of community supervision and he is called on to serve a
sentence in a jail or in the institutional division of the Texas
Department of Criminal Justice, he may appeal the revocation.
SECTION 11. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0178 to read as
follows:
Art. 102.0178. COSTS ATTENDANT TO CERTAIN INTOXICATION AND
DRUG CONVICTIONS. (a) In addition to other costs on conviction
imposed by this chapter, a person shall pay $50 as a court cost on
conviction of an offense under:
(1) Chapter 49, Penal Code; or
(2) Chapter 481, Health and Safety Code.
(b) The court shall assess and make a reasonable effort to
collect the cost due under this article whether or not any other
court cost is assessed or collected.
(c) For purposes of this article, a person is considered to
have been convicted if:
(1) a sentence is imposed;
(2) the defendant receives community supervision or
deferred adjudication; or
(3) the court defers final disposition of the case.
(d) Court costs under this article are collected in the same
manner as other fines or costs. An officer collecting the costs
shall keep separate records of the funds collected as costs under
this article and shall deposit the funds in the county or municipal
treasury, as appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) A county or municipality may retain 10 percent of the
funds collected under this article by an officer of the county or
municipality as a collection fee if the custodian of the county or
municipal treasury complies with Subsection (e).
(g) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(h) The comptroller shall deposit the funds received under
this article to the credit of the drug court account in the general
revenue fund to help fund drug court programs established under
Chapter 469, Health and Safety Code. The legislature shall
appropriate money from the account solely to the criminal justice
division of the governor's office for distribution to drug court
programs that apply for the money.
(i) Funds collected under this article are subject to audit
by the comptroller.
SECTION 12. Section 469.001, Health and Safety Code, is
amended to read as follows:
Sec. 469.001. DRUG COURT PROGRAM DEFINED; PROCEDURES FOR
CERTAIN DEFENDANTS. (a) In this chapter, "drug court program"
means a program that has the following essential characteristics:
(1) the integration of alcohol and other drug
treatment services in the processing of cases in the judicial
system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to a continuum of alcohol, drug, and other
related treatment and rehabilitative services;
(5) monitoring of abstinence through weekly alcohol
and other drug testing;
(6) a coordinated strategy to govern program responses
to participants' compliance;
(7) ongoing judicial interaction with program
participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(10) development of partnerships with public agencies
and community organizations.
(b) If a defendant enters a drug court program following an
arrest for an offense punishable as a state jail felony under
Chapter 481, the court, with the consent of the attorney
representing the state, may defer the proceedings without accepting
a plea of guilty or nolo contendere or entering an adjudication of
guilt. If the defendant successfully completes the program, on
motion of the attorney representing the state, the court may
dismiss the indictment or information charging the defendant with
the commission of the offense. If the defendant fails to
successfully complete the program, the court may proceed as if the
case had never been stayed.
(c) On ex parte petition or other request of a defendant,
the court shall enter an order of nondisclosure under Section
411.081, Government Code, as if the defendant had received a
discharge and dismissal under Section 5(c), Article 42.12, Code of
Criminal Procedure, with respect to all records and files related
to the defendant's arrest for the offense for which the defendant
entered the drug court program if the defendant:
(1) has not been previously convicted of a felony
offense; and
(2) is not arrested or convicted for any other felony
offense before the second anniversary of the defendant's successful
completion of the drug court program.
SECTION 13. Section 469.002, Health and Safety Code, is
amended to read as follows:
Sec. 469.002. AUTHORITY TO ESTABLISH PROGRAM. The [Except
as provided by Section 469.006, the] commissioners court of a
county may establish the following types of [a] drug court
programs:
(1) drug courts for [program for] persons arrested
for, charged with, or convicted of:
(A) [(1)] an offense in which an element of the
offense is the use or possession of alcohol or the use, possession,
or sale of a controlled substance, a controlled substance analogue,
or marihuana; or
(B) [(2)] an offense in which the use of alcohol
or a controlled substance is suspected to have significantly
contributed to the commission of the offense and the offense did not
involve:
(i) [(A)] carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) [(B)] the use of force against the
person of another; or
(iii) [(C)] the death of or serious bodily
injury to another;
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance, a
controlled substance analogue, or marihuana; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct and
the conduct did not involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 469.001.
SECTION 14. Section 469.003, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) A drug court program established under Section 469.002
may:
(1) notify the criminal justice division of the
governor's office before or on implementation of the program; and
(2) provide information regarding the performance of
the program to the division on request.
SECTION 15. Section 469.004, Health and Safety Code, is
amended to read as follows:
Sec. 469.004. FEES. (a) A drug court program established
under Section 469.002 may collect from a participant in the
program:
(1) a reasonable program fee not to exceed $1,000[,
which may be paid on a periodic basis or on a deferred payment
schedule at the discretion of the judge, magistrate, or program
director administering the program]; and
(2) an alcohol or controlled substance [a urinalysis]
testing, [and] counseling, and treatment fee[:
[(A) based on the participant's ability to pay;
and
[(B)] in an amount necessary to cover the costs
of the testing, [and] counseling, and treatment.
(b) Fees collected under this section may be paid on a
periodic basis or on a deferred payment schedule at the discretion
of the judge, magistrate, or program director administering the
program. The fees must be:
(1) [A drug court program may require a participant to
pay all treatment costs incurred while participating in the
program,] based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
SECTION 16. Section 469.006, Health and Safety Code, is
amended to read as follows:
Sec. 469.006. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
The commissioners court of a county with a population of more than
200,000 [550,000] shall establish a drug court program under
Subdivision (1) of Section 469.002.
(b) [A drug court program required under this section to be
established must have at least 100 participants during the first
four months in which the program is operating.
[(c)] A county required under this section to establish a
drug court program shall apply for [to the] federal and state
[government for any] funds available to pay the costs of the
program. The criminal justice division of the governor's office
may assist a county in applying for federal funds as required by
this subsection[, including providing financial assistance to the
county].
(c) Notwithstanding Subsection (a), a county is required to
establish a drug program under this section only if the county
receives federal or state funding specifically for that purpose.
(d) A county that does not establish a drug court program as
required by this section and maintain the program is ineligible to
receive from the state:
(1) funds for a community supervision and corrections
department; and
(2) grants for substance abuse treatment programs
administered by the criminal justice division of the governor's
office.
SECTION 17. Subchapter B, Chapter 102, Government Code, is
amended by adding Section 102.022 to read as follows:
Sec. 102.022. COURT COST ON CONVICTION TO SUPPORT DRUG
COURT PROGRAM. A person convicted of an offense under Chapter 49,
Penal Code, or Chapter 481, Health and Safety Code, shall pay a cost
on conviction of $50, as provided by Article 102.0178, Code of
Criminal Procedure.
SECTION 18. Chapter 509, Government Code, is amended by
adding Section 509.016 to read as follows:
Sec. 509.016. PRISON DIVERSION PILOT PROGRAM. (a) The
division shall establish a pilot program that provides grants to
selected departments for the implementation of a system of
progressive sanctions designed to reduce the revocation rate of
defendants placed on community supervision. The division shall
give priority in providing grants to departments serving counties
in which the revocation rate for defendants on community
supervision significantly exceeds the statewide average.
(b) In determining which departments are proper candidates
for grants under this section, the division shall give preference
to departments that present to the division a plan that will target
medium-risk and high-risk defendants and use progressive sanction
models that adhere to the components set forth in Section 469.001,
Health and Safety Code. As a condition to receiving a grant, a
department must offer a plan that contains some if not all of the
following components:
(1) reduced and specialized caseloads for supervision
officers, which may include electronic monitoring or substance
abuse testing of defendants;
(2) the creation, designation, and fiscal support of
courts and associated infrastructure necessary to increase
judicial oversight and reduce revocations;
(3) increased monitoring and field contact by
supervision officers;
(4) shortened terms of community supervision, with
increased supervision during the earliest part of the term;
(5) graduated sanctions and incentives, offered to a
defendant by both the departments and courts served by the
department;
(6) the use of inpatient and outpatient treatment
options, including substance abuse treatment, mental health
treatment, and cognitive and behavioral programs for defendants;
(7) the use of intermediate sanctions facilities;
(8) the use of community corrections beds;
(9) early termination strategies and capabilities;
(10) gang intervention strategies; and
(11) risk assessment techniques and reassessment
techniques.
(c) The division shall, not later than December 1, 2006,
provide a report to the board. The report must state the number of
departments receiving grants under this section, identify those
departments by name, and describe for each department receiving a
grant the components of the department's program and the success of
the department in reducing revocations. The report must also
contain an analysis of the scope, effectiveness, and cost benefit
of programs funded by grants provided under this section and a
comparison of those programs to similar programs in existence in
various departments before March 1, 2005. The division may include
in the report any other information the division determines will be
beneficial to the board or the legislature. The board shall forward
the report to the lieutenant governor and the speaker of the house
of representatives not later than December 15, 2006.
SECTION 19. Section 132.002, Local Government Code, is
amended by adding Subsection (f) to read as follows:
(f) The director of a community supervision and corrections
department, with the approval of the judges described by Section
76.002, Government Code, may authorize a community supervision
official who collects fees, fines, court costs, and other charges
to:
(1) accept payment by credit card of a fee, fine, court
cost, or other charge; and
(2) collect a fee for processing the payment by credit
card.
SECTION 20. The following provisions are repealed:
(1) Sections 4(c), 16(b), 18(c), and 22A, Article
42.12, Code of Criminal Procedure; and
(2) Section 16(e), Article 42.12, Code of Criminal
Procedure, as added by H.B. No. 39, Acts of the 79th Legislature,
Regular Session, 2005, effective September 1, 2005.
SECTION 21. (a) Except as otherwise provided by this
subsection, the change in law made by this Act applies to a person
who is on community supervision on or after the effective date of
this Act, regardless of when the person was initially placed on
community supervision. The change in law made by this Act changing
the maximum period of community supervision applies only to a
defendant initially placed on community supervision on or after the
effective date of this Act.
(b) The change in law made by this Act in adding Article
102.0178, Code of Criminal Procedure, and Section 102.022,
Government Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this subsection, an offense was
committed before the effective date of this Act if any element of
the offense was committed before that date.
(c) The change in law made by this Act in amending Section
469.001, Health and Safety Code, applies to a defendant who enters a
drug court program under Chapter 469, Health and Safety Code,
regardless of whether the defendant committed the offense for which
the defendant enters the program before, on, or after the effective
date of this Act.
(d) The commissioners court of a county required under
Section 469.006, Health and Safety Code, as amended by this Act, to
establish a drug court program shall establish the program not
later than the later of:
(1) November 1, 2006; or
(2) the first anniversary of the initial date on which
the federal census indicates that the county's population exceeds
200,000.
(e) The community justice assistance division of the Texas
Department of Criminal Justice shall develop criteria and review
grant proposals, as required by Section 509.016, Government Code,
as added by this Act, as soon as possible after the effective date
of this Act, and shall begin making grants under that section not
later than November 30, 2005.
SECTION 22. This Act takes effect November 1, 2005.