85R3530 KJE-F

By: Minjarez H.B. No. 607

A BILL TO BE ENTITLED

AN ACT

relating to a court's continuing jurisdiction to handle the disposition of a felony case.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42A.202, Code of Criminal Procedure, is amended by amending Subsections (b), (c), (d), and (e) and adding Subsection (b-1) to read as follows:

(b) Before the expiration of the 180-day period described by Subsection (a), the judge of the court that imposed the sentence described by that subsection may, on the judge's own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, subject to Subsection (b-1):

(1) withdraw the adjudication of guilt, defer further proceedings in the matter, and place the defendant on deferred adjudication community supervision in accordance with Subchapter C; or

(2) suspend further execution of the sentence and place the defendant on community supervision in accordance with Subchapter B.

(b-1) A judge may take an action under Subsection (b) only [under the terms and conditions of this chapter] if:

(1) in the opinion of the judge, the defendant would not benefit from further imprisonment;

(2) the defendant is otherwise eligible for community supervision under this chapter; and

(3) the defendant had never before been incarcerated in a penitentiary serving a sentence for a felony.

(c) When the defendant files a written motion requesting the judge to take an action under Subsection (b) [suspend further execution of the sentence and place the defendant on community supervision], the defendant shall immediately deliver or cause to be delivered a copy of the motion to the office of the attorney representing the state.

(d) When the defendant or the attorney representing the state files a written motion requesting the judge to take an action under Subsection (b) [suspend further execution of the sentence and place the defendant on community supervision], and when requested to do so by the judge, the clerk of the court shall request a copy of the defendant's record while imprisoned from the Texas Department of Criminal Justice or, if the defendant is confined in county jail, from the sheriff. On receipt of the request, the Texas Department of Criminal Justice or the sheriff shall forward a copy of the record to the judge as soon as possible.

(e) The judge may deny the motion without holding a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion. If the judge denies the motion, the judge may also reduce the period of incarceration required by the original sentence imposed.

SECTION 2. Article 42A.203(a), Code of Criminal Procedure, is amended to read as follows:

(a) Except as otherwise provided by Subsection (b), only the judge who originally sentenced the defendant may take an action [suspend execution of the sentence and place the defendant on community supervision] under Article 42A.202(b) [42A.202].

SECTION 3. Article 42A.558, Code of Criminal Procedure, is amended by amending Subsections (b), (c), and (d) and adding Subsection (e) to read as follows:

(b) The court retains jurisdiction over the defendant for the period during which the defendant is confined in a state jail felony facility. At any time after the 75th day after the date the defendant is received into the custody of a state jail felony facility, the judge may, on the judge's own motion, on the motion of the attorney representing the state, or on the motion of the defendant:

(1) withdraw the adjudication of guilt, defer further proceedings in the matter, and place the defendant on deferred adjudication community supervision in accordance with Subchapter C; or

(2) [may] suspend further execution of the sentence and place the defendant on community supervision in accordance with [under the conditions of] this subchapter.

(c) When the defendant or the attorney representing the state files a written motion requesting the judge to take an action under Subsection (b) [suspend further execution of the sentence and place the defendant on community supervision], the clerk of the court, if requested to do so by the judge, shall request a copy of the defendant's record while confined from the facility director of the state jail felony facility in which the defendant is confined or, if the defendant is confined in county jail, from the sheriff. On receipt of the request, the facility director or the sheriff shall forward a copy of the record to the judge as soon as possible.

(d) When the defendant files a written motion requesting the judge to take an action under Subsection (b) [suspend further execution of the sentence and place the defendant on community supervision], the defendant shall immediately deliver or cause to be delivered a copy of the motion to the office of the attorney representing the state.

(e) The judge may deny the motion without holding a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion. If the judge denies the motion, the judge may also reduce the period of incarceration required by the original sentence imposed.

SECTION 4. The changes in law made by this Act apply only to a defendant charged with or convicted of an offense committed on or after the effective date of this Act. A defendant charged with or convicted of an offense committed before the effective date of this Act is governed 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 occurred before that date.

SECTION 5. This Act takes effect September 1, 2017.