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A BILL TO BE ENTITLED
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AN ACT
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relating to confinement and treatment in a substance abuse felony |
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punishment facility under a plea bargain agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.303, Code of Criminal Procedure, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A judge may not impose the condition of community |
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supervision described by this article on a defendant who has agreed |
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to serving a term of confinement and treatment in a substance abuse |
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felony punishment facility as part of a plea bargain agreement |
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between the defendant and the attorney representing the state that |
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has been otherwise approved by the court unless the judge |
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determines that the defendant is a suitable candidate for treatment |
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based on the suitability criteria established under Section |
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493.009(b), Government Code. If the judge does not impose a |
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condition under this article, the plea bargain agreement remains |
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valid and the other terms of the plea bargain agreement are |
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unaffected. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |