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.