Amend HB 431 by adding the following appropriately numbered
SECTIONS to the bill and renumbering subsequent SECTIONS of the
bill accordingly:
SECTION ____. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.039 to read as follows:
Art. 42.039. CONFINEMENT AWAITING TRANSFER TO CERTAIN
FACILITIES. A judge ordering the placement of a defendant in a
community corrections facility or substance abuse felony
punishment facility may order the defendant confined in the county
jail for a period not to exceed 140 days while awaiting transfer to
the facility.
SECTION ____. Sections 12(a) and (b), Article 42.12, Code
of Criminal Procedure, are 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. 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. The period
of confinement in a county jail by a defendant awaiting transfer to
a community corrections facility or a substance abuse felony
punishment facility does not count toward the limits imposed by
this subsection.
(b) A judge that requires as a condition of community
supervision that the defendant serve a term in a community
corrections facility under Section 18 [of this article] may not
impose a term of confinement under this section that, when added to
the term imposed under Section 18, exceeds 24 months. The period of
confinement in a county jail by a defendant awaiting transfer to a
community corrections facility does not count toward the limit
imposed by this subsection.
SECTION ____. 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 may [shall] be considered as any part of the time that
the defendant is [he shall be] sentenced to serve, except that any
time spent by the defendant in a county jail awaiting transfer to a
community corrections facility or a substance abuse felony
punishment facility applies toward completion of the sentence. 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 ____. The changes in law made by this Act in adding
Article 42.039, Code of Criminal Procedure, and amending Sections
12(a) and (b) and 23(b), Article 42.12, Code of Criminal Procedure,
apply only to a defendant convicted of or placed on community
supervision for an offense committed on or after the effective date
of this Act. A defendant convicted of or placed on community
supervision for an offense committed before the effective date of
this Act 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 the effective date of this Act if any element of the offense
was committed before that date.