By:  Barrientos                                                   S.B. No. 1675
	(In the Senate - Filed March 11, 2005; March 30, 2005, read 
first time and referred to Committee on Criminal Justice; 
May 2, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; May 2, 2005, sent 
to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1675                                   By:  Hinojosa


A BILL TO BE ENTITLED

AN ACT


relating to the length of confinement in county jail as a condition 
of community supervision that may be imposed on certain defendants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 12, Article 42.12, Code 
of Criminal Procedure, is amended to read as follows:
	(a)  If a judge having jurisdiction of a misdemeanor case 
requires as a condition of community supervision that the defendant 
submit to a period of confinement in a county jail, the period of 
confinement may not exceed 30 days unless, in addition to the period 
of confinement, the judge orders the defendant to participate in a 
substance abuse treatment, mental health treatment, educational, 
or vocational program to be provided in the jail during the period 
of confinement.  If the judge orders the defendant to participate in 
one of these programs in the jail, the period of confinement may not 
exceed 60 days for a Class B misdemeanor or 90 days for a Class A 
misdemeanor.  If a judge having jurisdiction of a felony case 
requires as a condition of community supervision that the defendant 
submit to a period of confinement in a county jail, the period of 
confinement may not exceed 180 days.
	SECTION 2.  The change in law made by this Act applies only 
to a defendant convicted of or placed on community supervision for 
an offense committed on or after September 1, 2005.  A defendant 
convicted of or placed on community supervision for an offense 
committed before September 1, 2005, is covered 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 section, an offense 
was committed before September 1, 2005, if any element of the 
offense was committed before that date.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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