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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of diligent participation credit to |
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defendants serving a sentence for a state jail felony offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.559, Code of Criminal Procedure, is |
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amended by amending Subsections (b), (f), (g), and (h) and adding |
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Subsection (e-1) to read as follows: |
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(b) A defendant serving a sentence for [confined in] a state |
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jail felony offense [facility] does not earn good conduct time for |
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time served for the offense [in the facility] but may be awarded |
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diligent participation credit in accordance with Subsection (f) or |
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(g). |
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(e-1) This subsection applies only to a defendant serving a |
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sentence for a state jail felony offense who is confined in a county |
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jail before being transferred to a state jail felony facility. For |
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purposes of awarding diligent participation credit under |
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Subsection (f) or (g), the sheriff of each county shall: |
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(1) record the number of days each defendant described |
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by this subsection diligently participated in an educational, |
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vocational, treatment, or work program while confined in the county |
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jail; and |
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(2) attach a certification of the number of days |
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recorded under Subdivision (1) when transferring the defendant to a |
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state jail felony facility. |
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(f) For a defendant with a judgment that contains a finding |
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under Article 42.0199 that the defendant is presumptively entitled |
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to diligent participation credit and who has not been the subject of |
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disciplinary action while confined for [in] the state jail felony |
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offense [facility], the department shall credit against any time |
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the defendant is required to serve for the [in a] state jail felony |
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offense [facility] additional time for each day the defendant |
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actually served [in the facility] while diligently participating in |
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an educational, vocational, treatment, or work program. |
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(g) For a defendant with a judgment that contains a finding |
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under Article 42.0199 that the defendant is not presumptively |
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entitled to diligent participation credit or who has been the |
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subject of disciplinary action while confined for [in] the state |
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jail felony offense [facility], the department shall, not later |
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than the 30th day before the date on which the defendant will have |
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served 80 percent of the defendant's sentence, report to the |
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sentencing court the record of the number of days under Subsections |
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[Subsection] (e) and (e-1), as applicable. The contents of a report |
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submitted under this subsection are not subject to challenge by a |
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defendant. A judge, based on the report, may credit against any time |
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a defendant is required to serve for the [in a] state jail felony |
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offense [facility] additional time for each day the defendant |
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actually served [in the facility] while diligently participating in |
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an educational, vocational, treatment, or work program. |
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(h) A time credit under Subsection (f) or (g) may not exceed |
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one-fifth of the amount of time the defendant is originally |
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required to serve for the state jail felony offense [in the
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facility]. A defendant may not be awarded a time credit under |
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Subsection (f) or (g) for any period during which the defendant is |
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subject to disciplinary status. A time credit under Subsection (f) |
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or (g) is a privilege and not a right. |
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SECTION 2. The change in law made by this Act applies only |
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to a person serving a sentence for a state jail felony offense |
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committed on or after the effective date of this Act. A person |
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serving a sentence for a state jail felony offense committed before |
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the effective date of this Act is governed by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |