79R2502 PEP-F
By: Uresti H.B. No. 1859
A BILL TO BE ENTITLED
AN ACT
relating to a court's continuing jurisdiction to handle the
disposition of a felony case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 6. CONTINUING COURT JURISDICTION IN FELONY CASES. (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 by
the judge of the court shall continue for 180 days from the date the
execution of the sentence actually begins. Before the expiration of
180 days from the date the execution of the sentence actually
begins, the judge of the court that imposed the [such] sentence may
on the judge's [his] own motion, on the motion of the attorney
representing the state, or on the written motion of the defendant,
subject to Subsection (a-1):
(1) withdraw the adjudication of guilt, defer further
proceedings in the matter, and place the defendant on deferred
adjudication community supervision in accordance with Section 5 of
this article; or
(2) suspend further execution of the sentence and
place the defendant on community supervision in accordance with
Section 3 [under the terms and conditions] of this article.
(a-1) A judge may take an action under Subsection (a)(1) or
(2) only [,] if:
(1) in the opinion of the judge, the defendant would
not benefit from further imprisonment;
(2) [and: (1)] the defendant is otherwise eligible for
community supervision under this article; and
(3) [(2)] the defendant had never before been
incarcerated in a penitentiary serving a sentence for a felony.
(b) When the defendant or the attorney representing the
state files a written motion requesting [suspension by] the judge
to take an action under Subsection (a)(1) or (2) [of further
execution of the sentence and placement of the defendant on
community supervision], and when requested to do so by the judge,
the clerk of the court shall request a copy of the defendant's
record while imprisoned from the institutional division of the
Texas Department of Criminal Justice or, if the defendant is
confined in county jail, from the sheriff. Upon receipt of the
[such] request, the institutional division of the Texas Department
of Criminal Justice or the sheriff shall forward to the judge, as
soon as possible, a full and complete copy of the defendant's record
while imprisoned or confined. When the defendant files a written
motion requesting the judge to take an action under Subsection
(a)(1) or (2) [suspension of further execution of the sentence and
placement on community supervision], the defendant [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.
(c) 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. If the judge denies the motion,
the judge may also reduce the period of incarceration required by
the original sentence imposed.
SECTION 2. Section 8, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 8. STATE BOOT CAMP PROGRAM. (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 days from the date on which the
defendant [convicted person] is received into custody by the
institutional division. After the expiration of 75 days but prior
to the expiration of 180 days from the date on which the defendant
[convicted person] is received into custody by the institutional
division, the judge of the court that imposed the sentence may, if
in the opinion of the judge the defendant would not benefit from
further imprisonment:
(1) withdraw the adjudication of guilt, defer further
proceedings in the matter, and place the defendant on deferred
adjudication community supervision in accordance with Section 5 of
this article; or
(2) suspend further execution of the sentence
[imposed] and place the defendant [person] on community supervision
in accordance with Section 3 [under the terms and conditions] of
this article [, if in the opinion of the judge the person would not
benefit from further imprisonment].
(a-1) The court shall clearly indicate in its order
recommending the placement of the defendant [person] in the state
boot camp program that the court is not retaining jurisdiction over
the defendant [person] for the purposes of Section 6 of this
article. A court may recommend a defendant [person] for placement
in the state boot camp program only if:
(1) the defendant [person] is otherwise eligible for
community supervision under this article;
(2) the defendant [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 defendant [person] is not convicted of an
offense punishable as a state jail felony.
(b) On the 76th day after the day on which the defendant
[convicted person] is received into custody by the institutional
division, the institutional division shall send the convicting
court the record of the defendant's [person's] progress, conduct,
and conformity to institutional division rules.
(c) The judge's recommendation that a defendant [person] be
placed in the state boot camp program created under Section
499.052, Government Code, does not give the court the power to hold
the Texas Department of Criminal Justice or any officer or employee
of the department in contempt of court for failure to adhere to that
recommendation.
SECTION 3. The change in law made by this Act applies only
to a defendant charged with or convicted of an offense committed on
or after the effective date of this Act. A defendant charged with
or convicted of 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 the purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
is committed before that date.
SECTION 4. This Act takes effect September 1, 2005.