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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement on community supervision of certain |
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defendants convicted of a state jail felony. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15(f), Article 42.12, Code of Criminal |
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Procedure, is amended by amending Subdivision (1) and adding |
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Subdivision (2-a) to read as follows: |
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(1) If a defendant violates a condition of community |
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supervision imposed on the defendant under this article and after a |
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hearing under Section 21 [of this article] the judge revokes the |
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defendant's community supervision, the judge shall dispose of the |
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case in the manner provided by Section 23 [of this article]. If the |
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defendant violates a condition of community supervision following |
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placement on community supervision under Subdivision (2-a), the |
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judge shall order that all time credits previously earned by the |
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defendant under Subsection (h)(6) be forfeited and shall require |
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the defendant to serve the remainder of the original sentence |
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imposed. |
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(2-a) A judge who orders a sentence to be executed |
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under Subsection (a)(2) shall on the defendant's completion of |
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one-half of the sentence imposed, including time credits earned |
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under Subsection (h)(6), suspend the further execution of the |
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sentence and place the defendant on community supervision, unless |
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the execution of the sentence resulted from an adjudication of the |
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guilt of a defendant previously placed on deferred adjudication |
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community supervision for the offense. A term of community |
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supervision under this subdivision may not exceed two years. |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant who is convicted of an offense on or after the |
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effective date of this Act. A defendant who is convicted of an |
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offense before the effective date of this Act is governed by the law |
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in effect at the time of the conviction, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |