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A BILL TO BE ENTITLED
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AN ACT
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relating to confinement in county jail of a defendant awaiting |
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transfer to a community corrections facility or a substance abuse |
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treatment facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) If a judge having jurisdiction of a misdemeanor case |
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requires as a condition of community supervision that the defendant |
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submit to a period of confinement in a county jail, the period of |
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confinement may not exceed 30 days, except that the period of |
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confinement in a county jail may not exceed 180 days for a defendant |
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awaiting transfer to a community corrections facility under Section |
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18 of this article. If a judge having jurisdiction of a felony case |
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requires as a condition of community supervision that the defendant |
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submit to a period of confinement in a county jail, the period of |
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confinement may not exceed 180 days. |
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SECTION 2. 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) No part of the time that the defendant is on community |
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supervision may [shall] be considered as any part of the time that |
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the defendant is [he shall be] sentenced to serve, except that any |
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time spent by the defendant in a county jail awaiting transfer to a |
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community corrections facility or a substance abuse treatment |
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facility applies toward completion of the sentence. The right of |
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the defendant to appeal for a review of the conviction and |
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punishment, as provided by law, shall be accorded the defendant at |
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the time he is placed on community supervision. When he is notified |
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that his community supervision is revoked for violation of the |
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conditions of community supervision and he is called on to serve a |
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sentence in a jail or in the institutional division of the Texas |
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Department of Criminal Justice, he may appeal the revocation. |
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SECTION 3. The change in law made by this Act applies only |
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to a defendant convicted of or placed on community supervision for |
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an offense committed on or after the effective date of this Act. A |
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defendant convicted of or placed on community supervision for an |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |