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A BILL TO BE ENTITLED
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AN ACT
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relating to computation of the time certain defendants are required |
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to serve in confinement following the revocation of community |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 23(b), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) If the judge revokes a defendant's community |
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supervision after a hearing under Section 21 and imposes on the |
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defendant a term of confinement, the judge may credit against any |
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time the defendant is required to serve the entire time or any [No] |
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part of the time that the defendant was [is] on community |
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supervision [shall be considered as any part of the time that he
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shall be sentenced to serve]. The right of the defendant to appeal |
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for a review of the conviction and punishment, as provided by law, |
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shall be accorded the defendant at the time the defendant [he] is |
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placed on community supervision. When the defendant [he] is |
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notified that the defendant's [his] community supervision is |
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revoked for violation of the conditions of community supervision |
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and the defendant [he] is called on to serve a sentence in a jail or |
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in the [institutional division of the] Texas Department of Criminal |
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Justice, the defendant [he] may appeal the revocation. |
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SECTION 2. The change in law made by Section 23(b), Article |
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42.12, Code of Criminal Procedure, as amended by this Act, applies |
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only to the revocation of a term of community supervision imposed on |
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or after the effective date of this Act. The revocation of a term of |
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community supervision imposed before the effective date of this Act |
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is governed by the law in effect at the time the term of community |
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supervision was imposed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |