This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

	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.