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