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AN ACT
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relating to the award of diligent participation credit to |
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defendants confined in a state jail felony facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0199 to read as follows: |
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Art. 42.0199. FINDING REGARDING DILIGENT PARTICIPATION |
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CREDIT. If a person is convicted of a state jail felony, the judge |
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shall make a finding and enter the finding in the judgment of the |
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case regarding whether the person is presumptively entitled to |
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diligent participation credit in accordance with Section 15(h), |
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Article 42.12. |
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SECTION 2. Section 15(h), Article 42.12, Code of Criminal |
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Procedure, is amended by amending Subdivisions (1), (5), and (6) |
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and adding Subdivisions (7) and (8) to read as follows: |
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(1) A defendant confined in a state jail felony |
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facility does not earn good conduct time for time served in the |
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facility but may be awarded diligent participation credit in |
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accordance with Subdivision (6) or (7). |
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(5) For a defendant who has participated in an |
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educational, vocational, treatment, or work program while confined |
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in a state jail felony facility, [not later than the 30th day before
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the date on which the defendant will have served 80 percent of the
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defendant's sentence,] the Texas Department of Criminal Justice |
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shall record [report to the sentencing court] the number of days |
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during which the defendant diligently participated in any |
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educational, vocational, treatment, or work program. [The contents
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of a report submitted under this subdivision are not subject to
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challenge by a defendant.] |
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(6) For a defendant with a judgment that contains a |
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finding under Article 42.0199 that the defendant is presumptively |
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entitled to diligent participation credit and who has not been the |
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subject of disciplinary action while confined in the state jail |
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felony facility, the department shall [A judge, based on the report
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received under Subdivision (5), may] credit against any time the |
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[a] defendant is required to serve in a state jail felony facility |
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additional time for each day the defendant actually served in the |
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facility while diligently participating in an educational, |
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vocational, treatment, or work program. |
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(7) For a defendant with a judgment that contains a |
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finding under Article 42.0199 that the defendant is not |
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presumptively entitled to diligent participation credit or who has |
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been the subject of disciplinary action while confined in the state |
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jail felony facility, the department shall, not later than the 30th |
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day before the date on which the defendant will have served 80 |
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percent of the defendant's sentence, report to the sentencing court |
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the record of the number of days under Subdivision (5). The contents |
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of a report submitted under this subdivision are not subject to |
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challenge by a defendant. A judge, based on the report, may credit |
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against any time a defendant is required to serve in a state jail |
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felony facility additional time for each day the defendant actually |
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served in the facility while diligently participating in an |
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educational, vocational, treatment, or work program. |
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(8) A time credit under Subdivision (6) or (7) [this
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subdivision] may not exceed one-fifth of the amount of time the |
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defendant is originally required to serve in the facility. A |
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defendant may not be awarded a credit under Subdivision (6) or (7) |
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[this subdivision] for any period during which the defendant is |
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subject to disciplinary status [action]. A time credit under |
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Subdivision (6) or (7) [this subdivision] is a privilege and not a |
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right. |
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SECTION 3. The change in law made by this Act applies only |
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to a person confined in a state jail felony facility for an offense |
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committed on or after the effective date of this Act. A person |
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confined in a state jail felony facility for an offense committed |
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before the effective date of this Act is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1546 was passed by the House on April |
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15, 2015, by the following vote: Yeas 141, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1546 on May 18, 2015, by the following vote: Yeas 126, Nays 5, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1546 was passed by the Senate, with |
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amendments, on May 15, 2015, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |