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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic monitoring of certain defendants as an |
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alternative to confinement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.035(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A court may require a defendant to serve all or part of a |
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sentence of confinement in county jail by participating in an |
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electronic monitoring program rather than being confined in the |
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county jail, if the program: |
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(1) is operated by a community supervision and |
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corrections department that serves the county in which the court is |
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located and has been approved by the community justice assistance |
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division of the Texas Department of Criminal Justice; or |
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(2) is operated by the commissioners court of the |
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county, or by a private vendor under contract with the |
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commissioners court, under Section 351.904, Local Government Code |
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[, if the defendant has not been placed on community supervision]. |
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SECTION 2. Article 42.035(a), Code of Criminal Procedure, |
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as amended by this Act, applies only to a defendant who is sentenced |
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to a term of confinement in county jail for an offense committed on |
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or after the effective date of this Act. A defendant who is |
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sentenced to a term of confinement in county jail for an offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date 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 occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |