By:AARiddle (Senate SponsorA-AWhitmire) H.B.ANo.A2299(In the SenateA-AReceived from the House MayA6,A2015;

MayA6,A2015, read first time and referred to Committee on CriminalJustice; MayA21,A2015, reported favorably by the following vote:Yeas 7, Nays 0; MayA21,A2015, sent to printer.)

COMMITTEE VOTE

AAAAAAAAAAAAAA Yea Nay AbsentA PNVWhitmireAAAAAA AXA AAA AAAAAAA AAAHuffmanAAAAAAA AXA AAA AAAAAAA AAABurtonAAAAAAAA AXA AAA AAAAAAA AAACreightonAAAAA AXA AAA AAAAAAA AAAHinojosaAAAAAA AXA AAA AAAAAAA AAAMen¯ndezAAAAAA AXA AAA AAAAAAA AAAPerryAAAAAAAAA AXA AAA AAAAAAA AAA

A BILL TO BE ENTITLEDAN ACT

relating to the nonsubstantive revision of certain laws concerningcommunity supervision granted in criminal cases, includingconforming amendments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:ARTICLE 1. NONSUBSTANTIVE REVISION OF COMMUNITY SUPERVISION LAWS

SECTIONA1.01.AATitle 1, Code of Criminal Procedure, isamended by adding Chapter 42A to read as follows:

CHAPTER 42A. COMMUNITY SUPERVISIONSUBCHAPTER A. GENERAL PROVISIONS

Art.A42A.001.AADEFINITIONSASUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION

Art.A42A.051.AAAUTHORITY TO GRANT COMMUNITYAAAAAAAAAAAAAAAAASUPERVISION, IMPOSE OR MODIFYAAAAAAAAAAAAAAAAACONDITIONS, OR DISCHARGE DEFENDANTAArt.A42A.052.AAMODIFICATION OF CONDITIONS BYAAAAAAAAAAAAAAAAASUPERVISION OFFICER OR MAGISTRATEAArt.A42A.053.AAJUDGE-ORDERED COMMUNITY SUPERVISIONAArt.A42A.054.AALIMITATION ON JUDGE-ORDERED COMMUNITYAAAAAAAAAAAAAAAAASUPERVISIONAArt.A42A.055.AAJURY-RECOMMENDED COMMUNITY SUPERVISIONAArt.A42A.056.AALIMITATION ON JURY-RECOMMENDED COMMUNITYAAAAAAAAAAAAAAAAASUPERVISIONAArt.A42A.057.AAMINIMUM PERIOD OF COMMUNITY SUPERVISION FORAAAAAAAAAAAAAAAAACERTAIN BURGLARIES OF VEHICLESA

SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISIONArt.A42A.101.AAPLACEMENT ON DEFERRED ADJUDICATIONAAAAAAAAAAAAAAAAACOMMUNITY SUPERVISIONAArt.A42A.102.AAELIGIBILITY FOR DEFERRED ADJUDICATIONAAAAAAAAAAAAAAAAACOMMUNITY SUPERVISIONAArt.A42A.103.AAPERIOD OF DEFERRED ADJUDICATIONAAAAAAAAAAAAAAAAACOMMUNITY SUPERVISIONAArt.A42A.104.AACONDITIONS OF DEFERRED ADJUDICATIONAAAAAAAAAAAAAAAAACOMMUNITY SUPERVISION; IMPOSITION OFAAAAAAAAAAAAAAAAAFINEAArt.A42A.105.AAAFFIRMATIVE FINDINGSAArt.A42A.106.AARECORD NOT CONFIDENTIAL; RIGHT TOAAAAAAAAAAAAAAAAAPETITION FOR ORDER OF NONDISCLOSUREAArt.A42A.107.AAREQUEST FOR FINAL ADJUDICATIONAArt.A42A.108.AAVIOLATION OF CONDITION OF DEFERREDAAAAAAAAAAAAAAAAAADJUDICATION COMMUNITY SUPERVISION;AAAAAAAAAAAAAAAAAHEARINGAArt.A42A.109.AADUE DILIGENCE DEFENSEAArt.A42A.110.AAPROCEEDINGS AFTER ADJUDICATIONAArt.A42A.111.AADISMISSAL AND DISCHARGEA

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SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTIONArt.A42A.151.AATRANSFER OF JURISDICTIONAArt.A42A.152.AAISSUANCE OF WARRANT BY COURT HAVINGAAAAAAAAAAAAAAAAAGEOGRAPHICAL JURISDICTIONAArt.A42A.153.AACHANGE OF RESIDENCE WITHIN THE STATEAArt.A42A.154.AALEAVING THE STATEA

SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUINGJURISDICTION

Art.A42A.201.AACONTINUING JURISDICTION IN MISDEMEANORAAAAAAAAAAAAAAAAACASESAArt.A42A.202.AACONTINUING JURISDICTION IN FELONY CASESAArt.A42A.203.AAAUTHORITY TO SUSPEND EXECUTION OF SENTENCEAAAAAAAAAAAAAAAAAIN FELONY CASESAArt.A42A.204.AAPARTIAL EXECUTION OF SENTENCE: FIREARMAAAAAAAAAAAAAAAAAUSED OR EXHIBITEDASUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONSArt.A42A.251.AADEFINITIONSAArt.A42A.252.AAPRESENTENCE REPORT REQUIREDAArt.A42A.253.AACONTENTS OF PRESENTENCE REPORTAArt.A42A.254.AAINSPECTION BY JUDGE; DISCLOSURE OFAAAAAAAAAAAAAAAAACONTENTSAArt.A42A.255.AAINSPECTION AND COMMENT BY DEFENDANT;AAAAAAAAAAAAAAAAAACCESS TO INFORMATION BY STATEAArt.A42A.256.AARELEASE OF INFORMATION TO SUPERVISIONAAAAAAAAAAAAAAAAAOFFICER; CONFIDENTIALITY OF REPORTAArt.A42A.257.AAEVALUATION FOR PURPOSES OF ALCOHOL ORAAAAAAAAAAAAAAAAADRUG REHABILITATIONAArt.A42A.258.AAEVALUATION FOR PURPOSES OF SEX OFFENDERAAAAAAAAAAAAAAAAATREATMENT, SPECIALIZED SUPERVISION, ORAAAAAAAAAAAAAAAAAREHABILITATIONAArt.A42A.259.AAPOSTSENTENCE REPORTA

SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLYArt.A42A.301.AABASIC DISCRETIONARY CONDITIONSAArt.A42A.302.AACONFINEMENTAArt.A42A.303.AASUBSTANCE ABUSE FELONY PROGRAMAArt.A42A.304.AACOMMUNITY SERVICEAArt.A42A.305.AACOMMUNITY OUTREACHAArt.A42A.306.AASUPERVISION OF DEFENDANT FROM OUT OFAAAAAAAAAAAAAAAAASTATEAArt.A42A.307.AAORCHIECTOMY PROHIBITEDA

SUBCHAPTER H. MANDATORY CONDITIONS GENERALLYArt.A42A.351.AAEDUCATIONAL SKILL LEVELAArt.A42A.352.AADNA SAMPLEA

SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATIONOFFENSES

Art.A42A.401.AACONFINEMENT AS CONDITION OF COMMUNITYAAAAAAAAAAAAAAAAASUPERVISION FOR CERTAIN INTOXICATIONAAAAAAAAAAAAAAAAAOFFENSESAArt.A42A.402.AADRUG OR ALCOHOL DEPENDENCE EVALUATIONAAAAAAAAAAAAAAAAAAND REHABILITATIONAArt.A42A.403.AAEDUCATIONAL PROGRAM FOR CERTAINAAAAAAAAAAAAAAAAAINTOXICATION OFFENDERS; WAIVER ORAAAAAAAAAAAAAAAAAEXTENSION OF TIMEAArt.A42A.404.AAEDUCATIONAL PROGRAM FOR CERTAIN REPEATAAAAAAAAAAAAAAAAAINTOXICATION OFFENDERS; WAIVERAArt.A42A.405.AARULES FOR AND ADMINISTRATION OFAAAAAAAAAAAAAAAAAEDUCATIONAL PROGRAMSAArt.A42A.406.AAEFFECT OF EDUCATIONAL PROGRAMAAAAAAAAAAAAAAAAAREQUIREMENTS ON DRIVING RECORD ANDAAAAAAAAAAAAAAAAALICENSEAArt.A42A.407.AASUSPENSION OF DRIVER’S LICENSEAArt.A42A.408.AAUSE OF IGNITION INTERLOCK DEVICEAArt.A42A.409.AACOMMUNITY SUPERVISION FOR ENHANCEDAAAAAAAAAAAAAAAAAPUBLIC INTOXICATION OFFENSEA

SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERSArt.A42A.451.AASEX OFFENDER REGISTRATION; DNA SAMPLEAArt.A42A.452.AATREATMENT, SPECIALIZED SUPERVISION, ORAAAAAAAAAAAAAAAAAREHABILITATIONAArt.A42A.453.AACHILD SAFETY ZONEA

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Art.A42A.454.AACERTAIN INTERNET ACTIVITY PROHIBITEDAArt.A42A.455.AAPAYMENT TO CHILDREN’S ADVOCACY CENTERASUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND

OFFENDERSArt.A42A.501.AACOMMUNITY SUPERVISION FOR OFFENSEAAAAAAAAAAAAAAAAACOMMITTED BECAUSE OF BIAS OR PREJUDICEAArt.A42A.502.AACOMMUNITY SUPERVISION FOR CERTAINAAAAAAAAAAAAAAAAAVIOLENT OFFENSES; CHILD SAFETY ZONEAArt.A42A.503.AACOMMUNITY SUPERVISION FOR CERTAIN CHILDAAAAAAAAAAAAAAAAAABUSE OFFENSES; PROHIBITED CONTACTAAAAAAAAAAAAAAAAAWITH VICTIMAArt.A42A.504.AACOMMUNITY SUPERVISION FOR CERTAINAAAAAAAAAAAAAAAAAOFFENSES INVOLVING FAMILY VIOLENCE;AAAAAAAAAAAAAAAAASPECIAL CONDITIONSAArt.A42A.505.AACOMMUNITY SUPERVISION FOR STALKINGAAAAAAAAAAAAAAAAAOFFENSE; PROHIBITED CONTACT WITHAAAAAAAAAAAAAAAAAVICTIMAArt.A42A.506.AACOMMUNITY SUPERVISION FOR DEFENDANT WITHAAAAAAAAAAAAAAAAAMENTAL IMPAIRMENTAArt.A42A.507.AACOMMUNITY SUPERVISION FOR CERTAINAAAAAAAAAAAAAAAAADEFENDANTS IDENTIFIED AS MEMBERS OFAAAAAAAAAAAAAAAAACRIMINAL STREET GANGS; ELECTRONICAAAAAAAAAAAAAAAAAMONITORINGAArt.A42A.508.AACOMMUNITY SUPERVISION FOR CERTAINAAAAAAAAAAAAAAAAAORGANIZED CRIME OFFENSES; RESTRICTIONSAAAAAAAAAAAAAAAAAON OPERATION OF MOTOR VEHICLEAArt.A42A.509.AACOMMUNITY SUPERVISION FOR GRAFFITIAAAAAAAAAAAAAAAAAOFFENSEAArt.A42A.510.AACOMMUNITY SUPERVISION FOR ENHANCEDAAAAAAAAAAAAAAAAADISORDERLY CONDUCT OFFENSEAArt.A42A.511.AACOMMUNITY SUPERVISION FOR CERTAINAAAAAAAAAAAAAAAAAOFFENSES INVOLVING ANIMALSAArt.A42A.512.AACOMMUNITY SUPERVISION FOR ELECTRONICAAAAAAAAAAAAAAAAATRANSMISSION OF CERTAIN VISUALAAAAAAAAAAAAAAAAAMATERIALAArt.A42A.513.AACOMMUNITY SUPERVISION FOR MAKING FIREARMAAAAAAAAAAAAAAAAAACCESSIBLE TO CHILDA

SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISIONArt.A42A.551.AAPLACEMENT ON COMMUNITY SUPERVISION;AAAAAAAAAAAAAAAAAEXECUTION OF SENTENCEAArt.A42A.552.AAREVIEW OF PRESENTENCE REPORTAArt.A42A.553.AAMINIMUM AND MAXIMUM PERIODS OF COMMUNITYAAAAAAAAAAAAAAAAASUPERVISION; EXTENSIONAArt.A42A.554.AACONDITIONS OF COMMUNITY SUPERVISIONAArt.A42A.555.AACONFINEMENT AS A CONDITION OF COMMUNITYAAAAAAAAAAAAAAAAASUPERVISIONAArt.A42A.556.AASANCTIONS IMPOSED ON MODIFICATION OFAAAAAAAAAAAAAAAAACOMMUNITY SUPERVISIONAArt.A42A.557.AAREPORT BY DIRECTOR OF FACILITYAArt.A42A.558.AAREVOCATION; OPTIONS REGARDING EXECUTIONAAAAAAAAAAAAAAAAAOF SENTENCEAArt.A42A.559.AACREDITS FOR TIME SERVEDAArt.A42A.560.AAMEDICAL RELEASEAArt.A42A.561.AAMEDICAL RELEASEA

SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIESArt.A42A.601.AADEFINITIONAArt.A42A.602.AAMAXIMUM TERM OR TERMS OF CONFINEMENTAArt.A42A.603.AAEFFECT OF REVOCATION ON CREDIT FOR TIMEAAAAAAAAAAAAAAAAASPENT IN FACILITYAArt.A42A.604.AAEVALUATION OF DEFENDANT ’S BEHAVIOR ANDAAAAAAAAAAAAAAAAAATTITUDEAArt.A42A.605.AAPLACEMENT IN COMMUNITY SERVICE PROJECTAArt.A42A.606.AACONFINEMENT REQUIRED; EXCEPTIONSAArt.A42A.607.AADISPOSITION OF SALARYA

SUBCHAPTER N. PAYMENTS; FEESArt.A42A.651.AAPAYMENT AS CONDITION OF COMMUNITYAAAAAAAAAAAAAAAAASUPERVISIONAArt.A42A.652.AAMONTHLY FEEA

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Art.A42A.653.AAADDITIONAL MONTHLY FEE FOR CERTAIN SEXAAAAAAAAAAAAAAAAAOFFENDERSAArt.A42A.654.AAFEES DUE ON CONVICTIONAArt.A42A.655.AAABILITY TO PAYASUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION

PERIODArt.A42A.701.AAREDUCTION OR TERMINATION OF COMMUNITYAAAAAAAAAAAAAAAAASUPERVISION PERIODAArt.A42A.702.AATIME CREDITS FOR COMPLETION OF CERTAINAAAAAAAAAAAAAAAAACONDITIONS OF COMMUNITY SUPERVISIONA

SUBCHAPTER P. REVOCATION AND OTHER SANCTIONSArt.A42A.751.AAVIOLATION OF CONDITIONS OF COMMUNITYAAAAAAAAAAAAAAAAASUPERVISION; DETENTION AND HEARINGAArt.A42A.752.AACONTINUATION OR MODIFICATION OFAAAAAAAAAAAAAAAAACOMMUNITY SUPERVISION AFTER VIOLATIONAArt.A42A.753.AAEXTENSION OF COMMUNITY SUPERVISION AFTERAAAAAAAAAAAAAAAAAVIOLATIONAArt.A42A.754.AAAUTHORITY TO REVOKE COMMUNITYAAAAAAAAAAAAAAAAASUPERVISIONAArt.A42A.755.AAREVOCATION OF COMMUNITY SUPERVISIONAArt.A42A.756.AADUE DILIGENCE DEFENSEAArt.A42A.757.AAEXTENSION OF COMMUNITY SUPERVISION FORAAAAAAAAAAAAAAAAACERTAIN SEX OFFENDERSA

CHAPTER 42A. COMMUNITY SUPERVISIONSUBCHAPTER A. GENERAL PROVISIONS

Art.A42A.001.AADEFINITIONS. In this chapter:(1)AA"Community supervision" means the placement of a

defendant by a court under a continuum of programs and sanctions,with conditions imposed by the court for a specified period duringwhich:

(A)AAcriminal proceedings are deferred without anadjudication of guilt; or

(B)AAa sentence of imprisonment or confinement,imprisonment and fine, or confinement and fine, is probated and theimposition of sentence is suspended in whole or in part.

(2)AA"Court" means a court of record having originalcriminal jurisdiction.

(3)AA"Electronic monitoring" includes voice trackingsystems, position tracking systems, position location systems,biometric tracking systems, and any other electronic ortelecommunications system that may be used to assist in thesupervision of defendants under this chapter.

(4)AA"Supervision officer" means a person appointed oremployed under Section 76.004, Government Code, to supervisedefendants placed on community supervision. (Code Crim. Proc.,Art. 42.12, Sec. 2.)

SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISIONArt.A42A.051.AAAUTHORITY TO GRANT COMMUNITY SUPERVISION,

IMPOSE OR MODIFY CONDITIONS, OR DISCHARGE DEFENDANT. (a) Unlessthe judge has transferred jurisdiction of the case to another courtunder Article 42A.151, only the court in which the defendant wastried may:

(1)AAgrant community supervision;(2)AAimpose conditions; or(3)AAdischarge the defendant.

(b)AAThe judge of the court having jurisdiction of the casemay, at any time during the period of community supervision, modifythe conditions of community supervision. Except as provided byArticle 42A.052(a), only the judge may modify the conditions.(Code Crim. Proc., Art. 42.12, Secs. 10(a) (part), 11(a) (part).)

Art.A42A.052.AAMODIFICATION OF CONDITIONS BY SUPERVISIONOFFICER OR MAGISTRATE. (a)AAA judge who places a defendant oncommunity supervision may authorize the supervision officersupervising the defendant or a magistrate appointed by the districtcourts in the county that give preference to criminal cases tomodify the conditions of community supervision for the limitedpurpose of transferring the defendant to different programs withinthe community supervision continuum of programs and sanctions.

(b)AAA supervision officer or magistrate who modifies the

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conditions of community supervision shall:(1)AAdeliver a copy of the modified conditions to the

defendant;(2)AAfile a copy of the modified conditions with the

sentencing court; and(3)AAnote the date of delivery of the copy in the

defendant’s file.(c)AAIf the defendant agrees to the modification in writing,

the officer or magistrate shall file a copy of the modifiedconditions with the district clerk and the conditions shall beenforced as modified. If the defendant does not agree to themodification in writing, the supervision officer or magistrateshall refer the case to the judge for modification in the mannerprovided by Article 42A.752. (Code Crim. Proc., Art. 42.12, Secs.10(d), (e).)

Art.A42A.053.AAJUDGE-ORDERED COMMUNITY SUPERVISION. (a) Ajudge, in the best interest of justice, the public, and thedefendant, after conviction or a plea of guilty or nolo contendere,may:

(1)AAsuspend the imposition of the sentence and placethe defendant on community supervision; or

(2)AAimpose a fine applicable to the offense and placethe defendant on community supervision.

(b)AAA judge may not deny community supervision to adefendant based solely on the defendant ’s inability to speak, read,write, hear, or understand English.

(c)AAA defendant is not eligible for community supervisionunder this article if the defendant is sentenced to serve:

(1)AAa term of imprisonment that exceeds 10 years; or(2)AAa term of confinement under Section 12.35, Penal

Code.(d)AAIn a felony case:

(1)AAthe minimum period of community supervision is thesame as the minimum term of imprisonment applicable to the offense;and

(2)AAthe maximum period of community supervision is:(A)AA10 years, for a felony other than aAAthird

degree felony described by Paragraph (B); and(B)AAfive years, for any of the following third

degree felonies:(i)AAa third degree felony under Title 7,

Penal Code; and(ii)AAa third degree felony under Chapter

481, Health and Safety Code.(e)AANotwithstanding Subsection (d), the minimum period of

community supervision under this article for a felony described byArticle 42A.453(b) is five years.

(f)AAThe maximum period of community supervision in amisdemeanor case is two years.

(g)AANotwithstanding Subsection (d)(2) or (f), a judge mayextend the maximum period of community supervision in the mannerprovided by Article 42A.753 or 42A.757. (Code Crim. Proc., Art.42.12, Secs. 3(a), (b), (c), (d), (e), (f), (g).)

Art.A42A.054.AALIMITATION ON JUDGE-ORDERED COMMUNITYSUPERVISION. (a) Article 42A.053 does not apply to a defendantadjudged guilty of an offense under:

(1)AASection 15.03, Penal Code, if the offense ispunishable as a felony of the first degree;

(2)AASection 19.02, Penal Code (Murder);(3)AASection 19.03, Penal Code (Capital Murder);(4)AASection 20.04, Penal Code (Aggravated

Kidnapping);(5)AASection 20A.02, Penal Code (Trafficking of

Persons);(6)AASection 21.11(a)(1), Penal Code (Indecency with a

Child);(7)AASection 22.011, Penal Code (Sexual Assault);(8)AASection 22.021, Penal Code (Aggravated Sexual

Assault);

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(9)AASection 22.04(a)(1), Penal Code (Injury to aChild, Elderly Individual, or Disabled Individual), if:

(A)AAthe offense is punishable as a felony of thefirst degree; and

(B)AAthe victim of the offense is a child;(10)AASection 29.03, Penal Code (Aggravated Robbery);(11)AASection 30.02, Penal Code (Burglary), if:

(A)AAthe offense is punishable under Subsection(d) of that section; and

(B)AAthe actor committed the offense with theintent to commit a felony under Section 21.02, 21.11, 22.011,22.021, or 25.02, Penal Code;

(12)AASection 43.05, Penal Code (CompellingProstitution);

(13)AASection 43.25, Penal Code (Sexual Performance bya Child); or

(14)AAChapter 481, Health and Safety Code, for whichpunishment is increased under:

(A)AASection 481.140 of that code (Use of Child inCommission of Offense); or

(B)AASection 481.134(c), (d), (e), or (f) of thatcode (Drug-free Zones) if it is shown that the defendant has beenpreviously convicted of an offense for which punishment wasincreased under any of those subsections.

(b)AAArticle 42A.053 does not apply to a defendant when it isshown that:

(1)AAa deadly weapon as defined by Section 1.07, PenalCode, was used or exhibited during the:

(A)AAcommission of a felony offense; or(B)AAimmediate flight from the commission of a

felony offense; and(2)AAthe defendant:

(A)AAused or exhibited the deadly weapon; or(B)AAwas a party to the offense and knew that a

deadly weapon would be used or exhibited.AA(c)AAOn an affirmative finding regarding the use or

exhibition of a deadly weapon as described by Subsection (b), thetrial court shall enter the finding in the judgment of the court.

(d)AAOn an affirmative finding that the deadly weapon underSubsection (c) was a firearm, the court shall enter that finding inits judgment. (Code Crim. Proc., Art. 42.12, Sec. 3g(a).)

Art.A42A.055.AAJURY-RECOMMENDED COMMUNITY SUPERVISION. (a)A jury that imposes confinement as punishment for an offense mayrecommend to the judge that the judge suspend the imposition of thesentence and place the defendant on community supervision. A judgeshall suspend the imposition of the sentence and place thedefendant on community supervision if the jury makes thatrecommendation in the verdict.

(b)AAA defendant is eligible for community supervision underthis article only if:

(1)AAbefore the trial begins, the defendant files awritten sworn motion with the judge that the defendant has notpreviously been convicted of a felony in this or any other state;and

(2)AAthe jury enters in the verdict a finding that theinformation contained in the defendant’s motion is true.

(c)AAIf the jury recommends to the judge that the judge placethe defendant on community supervision, the judge shall place thedefendant on community supervision for any period permitted underArticles 42A.053(d) and (f), as appropriate.

(d)AAA judge may extend the maximum period of communitysupervision in the manner provided by Article 42A.753 or 42A.757.(Code Crim. Proc., Art. 42.12, Secs. 4(a), (b), (c), (d) (part),(e).)

Art.A42A.056.AALIMITATION ON JURY-RECOMMENDED COMMUNITYSUPERVISION. A defendant is not eligible for community supervisionunder Article 42A.055 if the defendant:

(1)AAis sentenced to a term of imprisonment thatexceeds 10 years;

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(2)AAis convicted of a state jail felony for whichsuspension of the imposition of the sentence occurs automaticallyunder Article 42A.551;

(3)AAis adjudged guilty of an offense under Section19.02, Penal Code;

(4)AAis convicted of an offense under Section21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of theoffense was younger than 14 years of age at the time the offense wascommitted;

(5)AAis convicted of an offense under Section 20.04,Penal Code, if:

(A)AAthe victim of the offense was younger than 14years of age at the time the offense was committed; and

(B)AAthe actor committed the offense with theintent to violate or abuse the victim sexually;

(6)AAis convicted of an offense under Section 20A.02,43.05, or 43.25, Penal Code; or

(7)AAis convicted of an offense for which punishment isincreased under Section 481.134(c), (d), (e), or (f), Health andSafety Code, if it is shown that the defendant has been previouslyconvicted of an offense for which punishment was increased underany of those subsections. (Code Crim. Proc., Art. 42.12, Sec. 4(d)(part).)

Art.A42A.057.AAMINIMUM PERIOD OF COMMUNITY SUPERVISION FORCERTAIN BURGLARIES OF VEHICLES. The minimum period of communitysupervision for an offense under Section 30.04, Penal Code,punishable as a Class A misdemeanor with a minimum term ofconfinement of six months is one year. (Code Crim. Proc., Art.42.12, Secs. 3(h), 4(f).)

SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISIONArt.A42A.101.AAPLACEMENT ON DEFERRED ADJUDICATION COMMUNITY

SUPERVISION. (a) Except as provided by Article 42A.102(b), if inthe judge’s opinion the best interest of society and the defendantwill be served, the judge may, after receiving a plea of guilty ornolo contendere, hearing the evidence, and finding that itsubstantiates the defendant’s guilt, defer further proceedingswithout entering an adjudication of guilt and place the defendanton deferred adjudication community supervision.

(b)AAAfter placing the defendant on deferred adjudicationcommunity supervision under Subsection (a), the judge shall informthe defendant orally or in writing of the possible consequencesunder Articles 42A.108 and 42A.110 of a violation of a condition ofdeferred adjudication community supervision. If the information isprovided orally, the judge must record and maintain the judge ’sstatement to the defendant. The failure of a judge to inform adefendant of possible consequences under Articles 42A.108 and42A.110 is not a ground for reversal unless the defendant shows thatthe defendant was harmed by the failure of the judge to provide theinformation. (Code Crim. Proc., Art. 42.12, Sec. 5(a) (part).)

Art.A42A.102.AAELIGIBILITY FOR DEFERRED ADJUDICATIONCOMMUNITY SUPERVISION. (a) A judge may place on deferredadjudication community supervision a defendant charged with anoffense under Section 21.11, 22.011, or 22.021, Penal Code,regardless of the age of the victim, or a defendant charged with afelony described by Article 42A.453(b) only if the judge makes afinding in open court that placing the defendant on deferredadjudication community supervision is in the best interest of thevictim. The failure of the judge to make a finding under thissubsection is not grounds for the defendant to set aside the plea,deferred adjudication, or any subsequent conviction or sentence.

(b)AAIn all other cases, the judge may grant deferredadjudication community supervision unless:

(1)AAthe defendant is charged with an offense:(A)AAunder Sections 49.04-49.08, Penal Code; or(B)AAfor which punishment may be increased under

Section 481.134(c), (d), (e), or (f), Health and Safety Code, if itis shown that the defendant has been previously convicted of anoffense for which punishment was increased under any one of thosesubsections;

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(2)AAthe defendant:(A)AAis charged with an offense under Section

21.11, 22.011, or 22.021, Penal Code, regardless of the age of thevictim, or a felony described by Article 42A.453(b); and

(B)AAhas previously been placed on communitysupervision for an offense under Paragraph (A);

(3)AAthe defendant is charged with an offense under:(A)AASection 21.02, Penal Code; or(B)AASection 22.021, Penal Code, that is

punishable under Subsection (f) of that section or under Section12.42(c)(3) or (4), Penal Code; or

(4)AAthe defendant is charged with an offense underSection 19.02, Penal Code, except that the judge may grant deferredadjudication community supervision on determining that thedefendant did not cause the death of the deceased, did not intend tokill the deceased or another, and did not anticipate that a humanlife would be taken. (Code Crim. Proc., Art. 42.12, Secs. 5(a)(part), (d).)

Art.A42A.103.AAPERIOD OF DEFERRED ADJUDICATION COMMUNITYSUPERVISION. (a) In a felony case, the period of deferredadjudication community supervision may not exceed 10 years. For adefendant charged with a felony under Section 21.11, 22.011, or22.021, Penal Code, regardless of the age of the victim, and for adefendant charged with a felony described by Article 42A.453(b),the period of deferred adjudication community supervision may notbe less than five years.

(b)AAIn a misdemeanor case, the period of deferredadjudication community supervision may not exceed two years.

(c)AAA judge may extend the maximum period of deferredadjudication community supervision in the manner provided byArticle 42A.753 or 42A.757. (Code Crim. Proc., Art. 42.12, Sec.5(a) (part).)

Art.A42A.104.AACONDITIONS OF DEFERRED ADJUDICATIONCOMMUNITY SUPERVISION; IMPOSITION OF FINE. (a) The judge may imposea fine applicable to the offense and require any reasonablecondition of deferred adjudication community supervision that ajudge could impose on a defendant placed on community supervisionfor a conviction that was probated and suspended, including:

(1)AAconfinement; and(2)AAmental health treatment under Article 42A.506.

(b)AAThe provisions of Subchapter L specifying whether adefendant convicted of a state jail felony is to be confined in acounty jail or state jail felony facility and establishing theminimum and maximum terms of confinement as a condition ofcommunity supervision apply in the same manner to a defendantplaced on deferred adjudication community supervision afterpleading guilty or nolo contendere to a state jail felony. (CodeCrim. Proc., Art. 42.12, Sec. 5(a) (part).)

Art.A42A.105.AAAFFIRMATIVE FINDINGS. (a) If a judge placeson deferred adjudication community supervision a defendant chargedwith a sexually violent offense, as defined by Article 62.001, thejudge shall make an affirmative finding of fact and file a statementof that affirmative finding with the papers in the case if the judgedetermines that the victim or intended victim was younger than 14years of age at the time of the offense.

(b)AAIf a judge places on deferred adjudication communitysupervision a defendant charged with an offense under Section20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, orsolicitation to commit one of those offenses, the judge shall makean affirmative finding of fact and file a statement of thataffirmative finding with the papers in the case if the judgedetermines that the victim or intended victim was younger than 17years of age at the time of the offense.

(c)AAIf a judge places on deferred adjudication communitysupervision a defendant charged with an offense under Section 21.11or 22.011, Penal Code, the judge shall make an affirmative findingof fact and file a statement of that affirmative finding with thepapers in the case if the judge determines that:

(1)AAat the time of the offense, the defendant was not

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more than four years older than the victim or intended victim andthe victim or intended victim was at least 15 years of age; and

(2)AAthe charge to which the plea is entered under thissubchapter is based solely on the ages of the defendant and thevictim or intended victim at the time of the offense.

(d)AAIf a judge places a defendant on deferred adjudicationcommunity supervision, on the motion of the attorney representingthe state the judge shall make an affirmative finding of fact andfile a statement of that affirmative finding with the papers in thecase if the judge determines that, regardless of whether theconduct at issue is the subject of the prosecution or part of thesame criminal episode as the conduct that is the subject of theprosecution, a victim in the trial:

(1)AAis or has been a victim of a severe form oftrafficking in persons, as defined by 22 U.S.C. Section 7102(9); or

(2)AAhas suffered substantial physical or mental abuseas a result of having been a victim of criminal activity describedby 8 U.S.C. Section 1101(a)(15)(U)(iii).

(e)AAThe part of the papers in the case containing anaffirmative finding under Subsection (d):

(1)AAmust include specific information identifying thevictim, as available;

(2)AAmay not include information identifying thevictim’s location; and

(3)AAis confidential, unless written consent for therelease of the affirmative finding is obtained from the victim or,if the victim is younger than 18 years of age, the victim ’s parentor guardian. (Code Crim. Proc., Art. 42.12, Secs. 5(e), (g), (i),(j).)

Art.A42A.106.AARECORD NOT CONFIDENTIAL; RIGHT TO PETITIONFOR ORDER OF NONDISCLOSURE. (a) Except as provided by Section552.142, Government Code, a record in the custody of the court clerkregarding a case in which a defendant is granted deferredadjudication community supervision is not confidential.

(b)AABefore placing a defendant on deferred adjudicationcommunity supervision, the court shall inform the defendant of thedefendant’s right to petition the court for an order ofnondisclosure under Section 411.081, Government Code, unless thedefendant is ineligible to pursue that right because of:

(1)AAthe nature of the offense for which the defendantis placed on deferred adjudication community supervision; or

(2)AAthe defendant’s criminal history. (Code Crim.Proc., Art. 42.12, Secs. 5(a-1), (f).)

Art.A42A.107.AAREQUEST FOR FINAL ADJUDICATION. On writtenmotion of the defendant requesting final adjudication that is filedwithin 30 days after the entry of the defendant’s plea and thedeferment of adjudication, the judge shall proceed to finaladjudication as in all other cases. (Code Crim. Proc., Art. 42.12,Sec. 5(a) (part).)

Art.A42A.108.AAVIOLATION OF CONDITION OF DEFERREDADJUDICATION COMMUNITY SUPERVISION; HEARING. (a) On violation of acondition of deferred adjudication community supervision imposedunder Article 42A.104, the defendant may be arrested and detainedas provided in Article 42A.751.

(b)AAThe defendant is entitled to a hearing limited to adetermination by the court of whether the court will proceed with anadjudication of guilt on the original charge.AAThe court may notproceed with an adjudication of guilt on the original charge if thecourt finds that the only evidence supporting the alleged violationof a condition of deferred adjudication community supervision isthe uncorroborated results of a polygraph examination. Thedetermination to proceed with an adjudication of guilt on theoriginal charge is reviewable in the same manner as a revocationhearing conducted under Article 42A.751(d) in a case in which theadjudication of guilt was not deferred.

(c)AAA court retains jurisdiction to hold a hearing underSubsection (b) and to proceed with an adjudication of guilt,regardless of whether the period of deferred adjudication communitysupervision imposed on the defendant has expired, if before the

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expiration of the supervision period:(1)AAthe attorney representing the state files a motion

to proceed with the adjudication; and(2)AAa capias is issued for the arrest of the defendant.

(Code Crim. Proc., Art. 42.12, Secs. 5(b) (part), (h).)Art.A42A.109.AADUE DILIGENCE DEFENSE. For the purposes of a

hearing under Article 42A.108, it is an affirmative defense torevocation for an alleged violation based on a failure to report toa supervision officer as directed or to remain within a specifiedplace that no supervision officer, peace officer, or other officerwith the power of arrest under a warrant issued by a judge for thatalleged violation contacted or attempted to contact the defendantin person at the defendant’s last known residence address or lastknown employment address, as reflected in the files of thedepartment serving the county in which the order of deferredadjudication community supervision was entered. (Code Crim. Proc.,Art. 42.12, Sec. 24 (part).)

Art.A42A.110.AAPROCEEDINGS AFTER ADJUDICATION. (a) Afteran adjudication of guilt, all proceedings, including assessment ofpunishment, pronouncement of sentence, granting of communitysupervision, and defendant ’s appeal, continue as if theadjudication of guilt had not been deferred.AA

(b)AAA court assessing punishment after an adjudication ofguilt of a defendant charged with a state jail felony may suspendthe imposition of the sentence and place the defendant on communitysupervision or may order the sentence to be executed, regardless ofwhether the defendant has previously been convicted of a felony.(Code Crim. Proc., Art. 42.12, Sec. 5(b) (part).)

Art.A42A.111.AADISMISSAL AND DISCHARGE. (a) On expiration ofa period of deferred adjudication community supervision imposedunder this subchapter, if the judge has not proceeded to anadjudication of guilt, the judge shall dismiss the proceedingsagainst the defendant and discharge the defendant.

(b)AAThe judge may dismiss the proceedings and discharge adefendant before the expiration of the period of deferredadjudication community supervision if, in the judge ’s opinion, thebest interest of society and the defendant will be served, exceptthat the judge may not dismiss the proceedings and discharge adefendant charged with an offense requiring the defendant toregister as a sex offender under Chapter 62.

(c)AAExcept as provided by Section 12.42(g), Penal Code, adismissal and discharge under this article may not be considered aconviction for the purposes of disqualifications or disabilitiesimposed by law for conviction of an offense.

(d)AAFor any defendant who receives a dismissal and dischargeunder this article:

(1)AAon conviction of a subsequent offense, the factthat the defendant previously has received deferred adjudicationcommunity supervision is admissible before the court or jury forconsideration on the issue of penalty;

(2)AAif the defendant is an applicant for or the holderof a license under Chapter 42, Human Resources Code, the Departmentof Family and Protective Services may consider the fact that thedefendant previously has received deferred adjudication communitysupervision in issuing, renewing, denying, or revoking a licenseunder that chapter; and

(3)AAif the defendant is an applicant for or the holderof a license to provide mental health or medical services for therehabilitation of sex offenders, the Council on Sex OffenderTreatment may consider the fact that the defendant previously hasreceived deferred adjudication community supervision in issuing,renewing, denying, or revoking a license issued by that council.

(e)AAA judge who dismisses the proceedings against adefendant and discharges the defendant under this article shall:

(1)AAprovide the defendant with a copy of the order ofdismissal and discharge; and

(2)AAif applicable, inform the defendant of thedefendant’s eligibility to petition the court for an order ofnondisclosure under Section 411.081, Government Code, and the

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earliest date the defendant is eligible to file the petition for theorder of nondisclosure. (Code Crim. Proc., Art. 42.12, Secs. 5(c),(c-1).)SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION

Art.A42A.151.AATRANSFER OF JURISDICTION. (a) After adefendant has been placed on community supervision, jurisdiction ofthe case may be transferred to a court of the same rank in this statethat:

(1)AAhas geographical jurisdiction where thedefendant:

(A)AAresides; or(B)AAviolates a condition of community

supervision; and(2)AAconsents to the transfer.

(b)AAOn transfer, the clerk of the court of originaljurisdiction shall forward to the court accepting jurisdiction atranscript of any portion of the record as the transferring judgeshall direct. The court accepting jurisdiction subsequently shallproceed as if the defendant’s trial and conviction had occurred inthat court. (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part),(b).)

Art.A42A.152.AAISSUANCE OF WARRANT BY COURT HAVINGGEOGRAPHICAL JURISDICTION. (a) A judge of a court havinggeographical jurisdiction where a defendant resides or where thedefendant violates a condition of community supervision may issue awarrant for the defendant ’s arrest.

(b)AANotwithstanding Subsection (a), the determination ofthe action to be taken after the defendant ’s arrest may be made onlyby the judge of the court having jurisdiction of the case at thetime the action is taken. (Code Crim. Proc., Art. 42.12, Sec.10(c).)

Art.A42A.153.AACHANGE OF RESIDENCE WITHIN THE STATE. (a)If, for good and sufficient reasons, a defendant desires to changethe defendant’s residence within the state, the change may beeffected by application to the supervising supervision officer.

(b)AAThe change of residence is subject to:(1)AAthe judge’s consent; and(2)AAany regulations the judge may require in the

absence of a supervision officer in the locality to which thedefendant is transferred. (Code Crim. Proc., Art. 42.12, Sec.17(a).)

Art.A42A.154.AALEAVING THE STATE. A defendant who leaves thestate without permission of the judge having jurisdiction of thecase is:

(1)AAconsidered a fugitive from justice; and(2)AAsubject to extradition as provided by law. (Code

Crim. Proc., Art. 42.12, Sec. 17(b).)SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING

JURISDICTIONArt.A42A.201.AACONTINUING JURISDICTION IN MISDEMEANOR

CASES. (a) For the purposes of this article, the jurisdiction ofthe courts in this state in which a sentence requiring confinementin a jail is imposed for conviction of a misdemeanor continues for180 days from the date the execution of the sentence actuallybegins.

(b)AAThe judge of a court that imposed a sentence requiringconfinement in a jail for conviction of a misdemeanor may, on thejudge’s own motion, on the motion of the attorney representing thestate, or on the written motion of the defendant, suspend furtherexecution of the sentence and place the defendant on communitysupervision under the terms and conditions of this chapter if, inthe opinion of the judge, the defendant would not benefit fromfurther confinement.

(c)AAWhen the defendant files a written motion with the courtrequesting suspension of further execution of the sentence andplacement on community supervision or when requested to do so by thejudge, the clerk of the court shall request a copy of thedefendant’s record while confined from the agency operating thejail in which the defendant is confined. On receipt of the request,

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the agency shall forward a copy of the record to the court as soon aspossible.

(d)AAThe judge may deny the motion without holding a hearingbut may not grant a motion without holding a hearing and allowingthe attorney representing the state and the defendant to presentevidence in the case. (Code Crim. Proc., Art. 42.12, Sec. 7.)

Art.A42A.202.AACONTINUING JURISDICTION IN FELONY CASES. (a)For the purposes of this article, the jurisdiction of a courtimposing a sentence requiring imprisonment in the Texas Departmentof Criminal Justice for an offense other than a state jail felonycontinues for 180 days from the date the execution of the sentenceactually begins.

(b)AABefore the expiration of the 180-day period described bySubsection (a), the judge of the court that imposed the sentencedescribed by that subsection may, on the judge ’s own motion, on themotion of the attorney representing the state, or on the writtenmotion of the defendant, suspend further execution of the sentenceand place the defendant on community supervision under the termsand conditions of this chapter if:

(1)AAin the opinion of the judge, the defendant wouldnot benefit from further imprisonment;

(2)AAthe defendant is otherwise eligible for communitysupervision under this chapter; and

(3)AAthe defendant had never before been incarceratedin a penitentiary serving a sentence for a felony.

(c)AAWhen the defendant files a written motion requesting thejudge to suspend further execution of the sentence and place thedefendant on community supervision, the defendant shallimmediately deliver or cause to be delivered a copy of the motion tothe office of the attorney representing the state.

(d)AAWhen the defendant or the attorney representing thestate files a written motion requesting the judge to suspendfurther execution of the sentence and place the defendant oncommunity supervision, and when requested to do so by the judge, theclerk of the court shall request a copy of the defendant ’s recordwhile imprisoned from the Texas Department of Criminal Justice or,if the defendant is confined in county jail, from the sheriff. Onreceipt of the request, the Texas Department of Criminal Justice orthe sheriff shall forward a copy of the record to the judge as soonas possible.

(e)AAThe judge may deny the motion without holding a hearingbut may not grant the motion without holding a hearing and providingthe attorney representing the state and the defendant theopportunity to present evidence on the motion. (Code Crim. Proc.,Art. 42.12, Sec. 6.)

Art.A42A.203.AAAUTHORITY TO SUSPEND EXECUTION OF SENTENCE INFELONY CASES. (a) Except as otherwise provided by Subsection (b),only the judge who originally sentenced the defendant may suspendexecution of the sentence and place the defendant on communitysupervision under Article 42A.202.

(b)AAIf the judge who originally sentenced the defendant isdeceased or disabled or the office is vacant, and if a motion isfiled in accordance with Article 42A.202, the clerk of the courtshall promptly forward a copy of the motion to the presiding judgeof the administrative judicial district for that court. Thepresiding judge may deny the motion without holding a hearing or mayappoint a judge to hold a hearing on the motion. (Code Crim. Proc.,Art. 42.12, Sec. 10(a) (part).)

Art.A42A.204.AAPARTIAL EXECUTION OF SENTENCE: FIREARM USEDOR EXHIBITED. (a) If in the trial of a felony of the second degreeor higher there is an affirmative finding described by Article42A.054(d) and the jury recommends that the court place thedefendant on community supervision, the court may order thedefendant imprisoned in the Texas Department of Criminal Justicefor not less than 60 and not more than 120 days.

(b)AAAt any time after the defendant has served 60 days in thecustody of the Texas Department of Criminal Justice, the sentencingjudge, on the judge’s own motion or on motion of the defendant, mayorder the defendant released to community supervision.

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(c)AAThe department shall release the defendant to communitysupervision after the defendant has served 120 days. (Code Crim.Proc., Art. 42.12, Secs. 3g(b), 4(b) (part).)SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS

Art.A42A.251.AADEFINITIONS. In this subchapter:(1)AA"Council" means the Council on Sex Offender

Treatment.(2)AA"Sex offender" means a person who has been

convicted of, or has entered a plea of guilty or nolo contenderefor, an offense under any one of the following provisions of thePenal Code:

(A)AASection 20.04(a)(4) (Aggravated Kidnapping),if the person committed the offense with the intent to violate orabuse the victim sexually;

(B)AASection 21.08 (Indecent Exposure);(C)AASection 21.11 (Indecency with a Child);(D)AASection 22.011 (Sexual Assault);(E)AASection 22.021 (Aggravated Sexual Assault);(F)AASection 25.02 (Prohibited Sexual Conduct);(G)AASection 30.02 (Burglary), if:

(i)AAthe offense is punishable underSubsection (d) of that section; and

(ii)AAthe person committed the offense withthe intent to commit a felony listed in this subdivision;

(H)AASection 43.25 (Sexual Performance by aChild); or

(I)AASection 43.26 (Possession or Promotion ofChild Pornography). (Code Crim. Proc., Art. 42.12, Sec. 9A(a).)

Art.A42A.252.AAPRESENTENCE REPORT REQUIRED. (a) Except asprovided by Subsections (b) and (c), before the imposition of thesentence by a judge, the judge shall direct a supervision officer toprepare a presentence report for the judge.

(b)AAThe judge is not required to direct a supervisionofficer to prepare a presentence report in a misdemeanor case if:

(1)AAthe defendant requests that a report not be madeand the judge agrees to the request; or

(2)AAthe judge:(A)AAfinds that there is sufficient information in

the record to permit the meaningful exercise of sentencingdiscretion; and

(B)AAexplains that finding on the record.(c)AAThe judge is not required to direct a supervision

officer to prepare a presentence report in a felony case if:(1)AApunishment is to be assessed by a jury;(2)AAthe defendant is convicted of or enters a plea of

guilty or nolo contendere to capital murder;(3)AAthe only available punishment is imprisonment; or(4)AAthe judge is informed that a plea bargain

agreement exists, under which the defendant agrees to a punishmentof imprisonment, and the judge intends to follow that agreement.(Code Crim. Proc., Art. 42.12, Secs. 9(a) (part), (b), (g).)

Art.A42A.253.AACONTENTS OF PRESENTENCE REPORT. (a) Apresentence report must be in writing and include:

(1)AAthe circumstances of the offense with which thedefendant is charged;

(2)AAthe amount of restitution necessary to adequatelycompensate a victim of the offense;

(3)AAthe criminal and social history of the defendant;(4)AAa proposed supervision plan describing programs

and sanctions that the community supervision and correctionsdepartment will provide the defendant if the judge suspends theimposition of the sentence or grants deferred adjudicationcommunity supervision;

(5)AAif the defendant is charged with a state jailfelony, recommendations for conditions of community supervisionthat the community supervision and corrections departmentconsiders advisable or appropriate based on the circumstances ofthe offense and other factors addressed in the report;

(6)AAthe results of a psychological evaluation of the

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defendant that determines, at a minimum, the defendant’s IQ andadaptive behavior score if the defendant:

(A)AAis convicted of a felony offense; and(B)AAappears to the judge, through the judge ’s own

observation or on the suggestion of a party, to have a mentalimpairment;

(7)AAinformation regarding whether the defendant is acurrent or former member of the state military forces or whether thedefendant currently serves or has previously served in the armedforces of the United States in an active-duty status and, ifavailable, a copy of the defendant’s military discharge papers andmilitary records;

(8)AAif the defendant has served in the armed forces ofthe United States in an active-duty status, a determination as towhether the defendant was deployed to a combat zone and whether thedefendant may suffer from post-traumatic stress disorder or atraumatic brain injury; and

(9)AAany other information relating to the defendant orthe offense as requested by the judge.

(b)AAA presentence report is not required to contain asentencing recommendation. (Code Crim. Proc., Art. 42.12, Secs.9(a) (part), (i), (l).)

Art.A42A.254.AAINSPECTION BY JUDGE; DISCLOSURE OF CONTENTS.The judge may not inspect a presentence report and the contents ofthe report may not be disclosed to any person unless:

(1)AAthe defendant pleads guilty or nolo contendere oris convicted of the offense; or

(2)AAthe defendant, in writing, authorizes the judge toinspect the report. (Code Crim. Proc., Art. 42.12, Sec. 9(c).)

Art.A42A.255.AAINSPECTION AND COMMENT BY DEFENDANT; ACCESSTO INFORMATION BY STATE. (a) Unless waived by the defendant, atleast 48 hours before sentencing a defendant, the judge shallpermit the defendant or the defendant’s attorney to read thepresentence report.

(b)AAThe judge shall allow the defendant or the defendant ’sattorney to comment on a presentence investigation or apostsentence report and, with the approval of the judge, introducetestimony or other information alleging a factual inaccuracy in theinvestigation or report.

(c)AAThe judge shall allow the attorney representing thestate access to any information made available to the defendantunder this article. (Code Crim. Proc., Art. 42.12, Secs. 9(d), (e),(f).)

Art.A42A.256.AARELEASE OF INFORMATION TO SUPERVISIONOFFICER; CONFIDENTIALITY OF REPORT. (a) The judge by order maydirect that any information and records that are not privileged andthat are relevant to a presentence or postsentence report bereleased to a supervision officer conducting a presentenceinvestigation under this subchapter or preparing a postsentencereport under Article 42A.259. The judge may also issue a subpoenato obtain that information.

(b)AAA presentence or postsentence report and allinformation obtained in connection with a presentenceinvestigation or postsentence report are confidential and may bereleased only as:

(1)AAprovided by:(A)AASubsection (c);(B)AAArticle 42A.255;(C)AAArticle 42A.257;(D)AAArticle 42A.259; or(E)AASection 614.017, Health and Safety Code; or

(2)AAdirected by the judge for the effectivesupervision of the defendant.

(c)AAIf the defendant is a sex offender, a supervisionofficer may release information in a presentence or postsentencereport concerning the social and criminal history of the defendantto a person who:

(1)AAis licensed or certified in this state to providemental health or medical services, including a:

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(A)AAphysician;(B)AApsychiatrist;(C)AApsychologist;(D)AAlicensed professional counselor;(E)AAlicensed marriage and family therapist; or(F)AAcertified social worker; and

(2)AAprovides mental health or medical services for therehabilitation of the defendant. (Code Crim. Proc., Art. 42.12,Secs. 9(j), 9A(b).)

Art.A42A.257.AAEVALUATION FOR PURPOSES OF ALCOHOL OR DRUGREHABILITATION. (a) The judge shall direct a supervision officerapproved by the community supervision and corrections department orthe judge, or a person, program, or other agency approved by theDepartment of State Health Services, to conduct an evaluation todetermine the appropriateness of, and a course of conduct necessaryfor, alcohol or drug rehabilitation for a defendant and to reportthe results of that evaluation to the judge, if:

(1)AAthe judge determines that alcohol or drug abusemay have contributed to the commission of the offense; or

(2)AAthe case involves a second or subsequent offenseunder:

(A)AASection 49.04, Penal Code, if the offense wascommitted within five years of the date on which the most recentpreceding offense was committed; or

(B)AASection 49.07 or 49.08, Penal Code, if theoffense involved the operation of a motor vehicle and was committedwithin five years of the date on which the most recent precedingoffense was committed.

(b)AAThe evaluation must be made:(1)AAafter arrest and before conviction, if requested

by the defendant;(2)AAafter conviction and before sentencing, if the

judge assesses punishment in the case;(3)AAafter sentencing and before the entry of a final

judgment, if the jury assesses punishment in the case; or(4)AAafter community supervision is granted, if the

evaluation is required as a condition of community supervisionunder Article 42A.402. (Code Crim. Proc., Art. 42.12, Sec. 9(h).)

Art.A42A.258.AAEVALUATION FOR PURPOSES OF SEX OFFENDERTREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. (a) If thedefendant is a sex offender, the judge shall direct a supervisionofficer approved by the community supervision and correctionsdepartment or the judge, or a person, program, or other agencyapproved by the council, to:

(1)AAevaluate the appropriateness of, and a course ofconduct necessary for, treatment, specialized supervision, orrehabilitation of the defendant; and

(2)AAreport the results of the evaluation to the judge.(b)AAThe judge may require the evaluation to use

offense-specific standards of practice adopted by the council andmay require the report to reflect those standards.

(c)AAThe evaluation must be made:(1)AAafter arrest and before conviction, if requested

by the defendant; or(2)AAafter conviction and before the entry of a final

judgment. (Code Crim. Proc., Art. 42.12, Sec. 9A(c).)Art.A42A.259.AAPOSTSENTENCE REPORT. (a) If a presentence

report in a felony case is not required under Article 42A.252(c),the judge may direct a supervision officer to prepare apostsentence report containing the same information that would havebeen required for the presentence report, other than a proposedsupervision plan and any information that is reflected in thejudgment.

(b)AAIf a postsentence report is ordered, the supervisionofficer shall send the report to the clerk of the court not laterthan the 30th day after the date on which sentence is pronounced ordeferred adjudication community supervision is granted. The clerkshall deliver the postsentence report with the papers in the case toa designated officer of the Texas Department of Criminal Justice,

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to the extent required by Section 8(a), Article 42.09. (Code Crim.Proc., Art. 42.12, Sec. 9(k).)

SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLYArt.A42A.301.AABASIC DISCRETIONARY CONDITIONS. The judge of

the court having jurisdiction of the case shall determine theconditions of community supervision. The judge may impose anyreasonable condition that is designed to protect or restore thecommunity, protect or restore the victim, or punish, rehabilitate,or reform the defendant.AAConditions of community supervision mayinclude conditions requiring the defendant to:

(1)AAcommit no offense against the laws of this state orof any other state or of the United States;

(2)AAavoid injurious or vicious habits;(3)AAavoid persons or places of disreputable or harmful

character, including any person, other than a family member of thedefendant, who is an active member of a criminal street gang;

(4)AAreport to the supervision officer as directed bythe judge or supervision officer and obey all rules and regulationsof the community supervision and corrections department;

(5)AApermit the supervision officer to visit thedefendant at the defendant ’s home or elsewhere;

(6)AAwork faithfully at suitable employment to theextent possible;

(7)AAremain within a specified place;(8)AApay in one or more amounts:

(A)AAthe defendant ’s fine, if one is assessed; and(B)AAall court costs, regardless of whether a fine

is assessed;(9)AAsupport the defendant’s dependents;(10)AAparticipate, for a period specified by the judge,

in any community-based program, including a community serviceproject under Article 42A.304;

(11)AAreimburse the county in which the prosecution wasinstituted as follows:

(A)AAif counsel was appointed, an amount forcompensation paid to appointed counsel for defending the defendantin the case; or

(B)AAif the defendant was represented by a publicdefender’s office, an amount that would have been paid to anappointed attorney had the county not had a public defender ’soffice;

(12)AAif under custodial supervision in a communitycorrections facility:

(A)AAremain under that supervision;(B)AAobey all rules and regulations of the

facility; and(C)AApay a percentage of the defendant’s income

to:(i)AAthe facility for room and board; and(ii)AAthe defendant ’s dependents for their

support during the period of custodial supervision;(13)AAsubmit to testing for alcohol or controlled

substances;(14)AAattend counseling sessions for substance abusers

or participate in substance abuse treatment services in a programor facility approved or licensed by the Department of State HealthServices;

(15)AAwith the consent of the victim of a misdemeanoroffense or of any offense under Title 7, Penal Code, participate invictim-defendant mediation;

(16)AAsubmit to electronic monitoring;(17)AAreimburse the compensation to victims of crime

fund for any amounts paid from that fund to or on behalf of a victim,as defined by Article 56.32, of the offense or if no reimbursementis required, make one payment to the compensation to victims ofcrime fund in an amount not to exceed $50 if the offense is amisdemeanor or not to exceed $100 if the offense is a felony;

(18)AAreimburse a law enforcement agency for theanalysis, storage, or disposal of raw materials, controlled

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substances, chemical precursors, drug paraphernalia, or othermaterials seized in connection with the offense;

(19)AApay all or part of the reasonable and necessarycosts incurred by the victim for psychological counseling madenecessary by the offense or for counseling and education relatingto acquired immune deficiency syndrome or human immunodeficiencyvirus made necessary by the offense;

(20)AAmake one payment in an amount not to exceed $50 toa crime stoppers organization, as defined by Section 414.001,Government Code, and as certified by the Texas Crime StoppersCouncil;

(21)AAsubmit a DNA sample to the Department of PublicSafety under Subchapter G, Chapter 411, Government Code, for thepurpose of creating a DNA record of the defendant;

(22)AAin any manner required by the judge, provide inthe county in which the offense was committed public notice of theoffense for which the defendant was placed on communitysupervision; and

(23)AAreimburse the county in which the prosecution wasinstituted for compensation paid to any interpreter in the case.(Code Crim. Proc., Art. 42.12, Sec. 11(a) (part).)

Art.A42A.302.AACONFINEMENT. (a) If a judge havingjurisdiction of a case requires as a condition of communitysupervision that the defendant submit to a term of confinement in acounty jail, the term of confinement may not exceed:

(1)AA30 days, in a misdemeanor case; or(2)AA180 days, in a felony case.

(b)AAA judge who requires as a condition of communitysupervision that the defendant serve a term of confinement in acommunity corrections facility under Subchapter M may not impose aterm of confinement under this article that, if added to the termimposed under Subchapter M, exceeds 24 months.

(c)AAA judge may impose a term of confinement as a conditionof community supervision under this article on placing thedefendant on supervision or at any time during the supervisionperiod. The judge may impose terms of confinement as a condition ofcommunity supervision in increments smaller than the maximum termsprovided by Subsection (a), except that the judge may not imposeterms of confinement that, if added together, exceed the maximumterms provided by Subsection (a). (Code Crim. Proc., Art. 42.12,Sec. 12.)

Art.A42A.303.AASUBSTANCE ABUSE FELONY PROGRAM. (a) If acourt places a defendant on community supervision under anyprovision of this chapter as an alternative to imprisonment, thejudge may require as a condition of community supervision that thedefendant serve a term of confinement and treatment in a substanceabuse felony punishment facility operated by the Texas Departmentof Criminal Justice under Section 493.009, Government Code.

(b)AAA term of confinement and treatment imposed under thisarticle must be an indeterminate term of not more than one year orless than 90 days.

(c)AAThe judge may impose the condition of communitysupervision described by this article if:

(1)AAthe defendant is charged with or convicted of afelony other than:

(A)AAa felony under Section 21.11, 22.011, or22.021, Penal Code; or

(B)AAcriminal attempt of a felony under Section21.11, 22.011, or 22.021, Penal Code; and

(2)AAthe judge makes an affirmative finding that:(A)AAdrug or alcohol abuse significantly

contributed to the commission of the offense or violation of acondition of community supervision, as applicable; and

(B)AAthe defendant is a suitable candidate fortreatment, as determined by the suitability criteria established bythe Texas Board of Criminal Justice under Section 493.009(b),Government Code.

(d)AAIf a judge requires as a condition of communitysupervision that the defendant serve a term of confinement and

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treatment in a substance abuse felony punishment facility underthis article, the judge shall also require as a condition ofcommunity supervision that on release from the facility thedefendant:

(1)AAparticipate in a drug or alcohol abuse continuumof care treatment plan; and

(2)AApay a fee in an amount established by the judge forresidential aftercare required as part of the treatment plan.

(e)AAThe Department of State Health Services shall developthe continuum of care treatment plan described by Subsection(d)(1).

(f)AAThe clerk of a court that collects a fee imposed underSubsection (d)(2) shall deposit the fee to be sent to thecomptroller as provided by Subchapter B, Chapter 133, LocalGovernment Code, and the comptroller shall deposit the fee into thegeneral revenue fund. If the clerk does not collect a fee imposedunder Subsection (d)(2), the clerk is not required to file anyreport required by the comptroller that relates to the collectionof the fee. In establishing the amount of a fee under Subsection(d)(2), the judge shall consider fines, fees, and other necessaryexpenses for which the defendant is obligated. The judge may not:

(1)AAestablish the fee in an amount that is greater than25 percent of the defendant ’s gross income while the defendant is aparticipant in residential aftercare; or

(2)AArequire the defendant to pay the fee at any timeother than a time at which the defendant is both employed and aparticipant in residential aftercare. (Code Crim. Proc., Art.42.12, Sec. 14, as amended Acts 73rd Leg., R.S., Ch. 900; Acts 74thLeg., R.S., Chs. 76, 321; Acts 76th Leg., R.S., Ch. 1188; Acts 78thLeg., R.S., Chs. 209, 1310.)

Art.A42A.304.AACOMMUNITY SERVICE. (a) A judge may requireas a condition of community supervision that the defendant work aspecified number of hours at one or more community service projectsfor one or more organizations approved by the judge and designatedby the department. The judge may not require the defendant to workat a community service project if, as determined and noted on thecommunity supervision order by the judge:

(1)AAthe defendant is physically or mentally incapableof participating in the project;

(2)AAparticipating in the project will cause a hardshipto the defendant or to the defendant ’s dependents;

(3)AAthe defendant is to be confined in a substanceabuse felony punishment facility as a condition of communitysupervision; or

(4)AAthere is other good cause shown.(b)AAThe amount of community service work ordered by the

judge may not exceed:(1)AA1,000 hours for an offense classified as a first

degree felony;(2)AA800 hours for an offense classified as a second

degree felony;(3)AA600 hours for:

(A)AAan offense classified as a third degreefelony; or

(B)AAan offense under Section 30.04, Penal Code,classified as a Class A misdemeanor;

(4)AA400 hours for an offense classified as a state jailfelony;

(5)AA200 hours for:(A)AAan offense classified as a Class A

misdemeanor, other than an offense described by Subdivision (3)(B);or

(B)AAa misdemeanor for which the maximumpermissible confinement, if any, exceeds six months or the maximumpermissible fine, if any, exceeds $4,000; and

(6)AA100 hours for:(A)AAan offense classified as a Class B

misdemeanor; or(B)AAa misdemeanor for which the maximum

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permissible confinement, if any, does not exceed six months and themaximum permissible fine, if any, does not exceed $4,000.

(c)AAA defendant required to perform community service underthis article is not a state employee for the purposes of Chapter 501or 504, Labor Code.

(d)AAIf the court makes an affirmative finding under Article42.014, the judge may order the defendant to perform communityservice under this article at a project designated by the judge thatprimarily serves the person or group who was the target of thedefendant. If the judge orders community service under thissubsection, the judge shall order the defendant to perform not lessthan:

(1)AA300 hours of service if the offense is classifiedas a felony; or

(2)AA100 hours of service if the offense is classifiedas a misdemeanor.

(e)AAA defendant required to perform community service underthis article after conviction of an offense under Section 352.082,Local Government Code, shall perform 60 hours of service. Thecommunity service must consist of picking up litter in the county inwhich the defendant resides or working at a recycling facility if aprogram for performing that type of service is available in thecommunity in which the court is located.

(f)AAThe judge may order a defendant to make a specifieddonation to a nonprofit food bank or food pantry in the community inwhich the defendant resides instead of requiring the defendant towork a specified number of hours at one or more community serviceprojects under Subsection (a). (Code Crim. Proc., Art. 42.12,Secs. 16(a), (b), (c), (d), (e), (f).)

Art.A42A.305.AACOMMUNITY OUTREACH. (a) This articleapplies only to a defendant placed on community supervision for anoffense involving the possession, manufacture, or delivery of acontrolled substance under Chapter 481, Health and Safety Code.

(b)AAIf a judge orders a defendant to whom this articleapplies to perform community service, the judge may authorize thedefendant to perform not more than 30 hours of community outreachunder this article instead of performing hours of communityservice.

(c)AACommunity outreach under this article must consist ofworking with a secondary school at the direction of the judge toeducate students on the dangers and legal consequences ofpossessing, manufacturing, or delivering a controlled substance.

(d)AAA secondary school is not required to allow a defendantto perform community outreach at that school.

(e)AAThe judge may not authorize the defendant to performhours of community outreach under this article instead ofperforming hours of community service if:

(1)AAthe defendant is physically or mentally incapableof participating in community outreach; or

(2)AAthe defendant is subject to registration as a sexoffender under Chapter 62. (Code Crim. Proc., Art. 42.12, Sec.16(g).)

Art.A42A.306.AASUPERVISION OF DEFENDANT FROM OUT OF STATE. Ajudge who receives a defendant for supervision as authorized bySection 510.017, Government Code, may impose on the defendant anyterm of community supervision authorized by this chapter. (CodeCrim. Proc., Art. 42.12, Sec. 19(c) (part).)

Art.A42A.307.AAORCHIECTOMY PROHIBITED. A judge may notrequire a defendant to undergo an orchiectomy as a condition ofcommunity supervision. (Code Crim. Proc., Art. 42.12, Sec. 11(f).)

SUBCHAPTER H. MANDATORY CONDITIONS GENERALLYArt.A42A.351.AAEDUCATIONAL SKILL LEVEL. (a) If the judge or

jury places a defendant on community supervision, the judge shallrequire the defendant to demonstrate to the court whether thedefendant has an educational skill level that is equal to or greaterthan the average educational skill level of students who havecompleted the sixth grade in public schools in this state.

(b)AAIf the judge determines that the defendant has notattained the educational skill level described by Subsection (a),

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the judge shall require as a condition of community supervisionthat the defendant attain that level of educational skill, unlessthe judge also determines that the defendant lacks the intellectualcapacity or the learning ability to ever achieve that level ofeducational skill. (Code Crim. Proc., Art. 42.12, Sec. 11(c).)

Art.A42A.352.AADNA SAMPLE. A judge granting communitysupervision to a defendant convicted of a felony shall require as acondition of community supervision that the defendant provide a DNAsample under Subchapter G, Chapter 411, Government Code, for thepurpose of creating a DNA record of the defendant, unless thedefendant has already submitted the required sample under otherstate law. (Code Crim. Proc., Art. 42.12, Sec. 11(j).)

SUBCHAPTER I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATIONOFFENSES

Art.A42A.401.AACONFINEMENT AS CONDITION OF COMMUNITYSUPERVISION FOR CERTAIN INTOXICATION OFFENSES. (a) A judgegranting community supervision to a defendant convicted of anoffense under Chapter 49, Penal Code, shall require as a conditionof community supervision that the defendant submit to:

(1)AAnot less than 72 hours of continuous confinementin county jail if the defendant was punished under Section49.09(a), Penal Code;

(2)AAnot less than five days of confinement in countyjail if the defendant was punished under Section 49.09(a), PenalCode, and was subject to Section 49.09(h), Penal Code;

(3)AAnot less than 10 days of confinement in county jailif the defendant was punished under Section 49.09(b), Penal Code;

(4)AAnot less than 30 days of confinement in county jailif the defendant was convicted of an offense under Section 49.07,Penal Code; or

(5)AAa term of confinement of not less than 120 days ifthe defendant was convicted of an offense under Section 49.08,Penal Code.

(b)AAIf a sentence of confinement is imposed on therevocation of community supervision, the term of confinement servedunder Subsection (a) may not be credited toward completion of thesentence imposed. (Code Crim. Proc., Art. 42.12, Secs. 13(a)(part), (b), (e).)

Art.A42A.402.AADRUG OR ALCOHOL DEPENDENCE EVALUATION ANDREHABILITATION. (a) A judge granting community supervision to adefendant convicted of an offense under Chapter 49, Penal Code,shall require as a condition of community supervision that thedefendant submit to an evaluation by a supervision officer or by aperson, program, or facility approved by the Department of StateHealth Services for the purpose of having the facility prescribeand carry out a course of conduct necessary for the rehabilitationof the defendant ’s drug or alcohol dependence condition.

(b)AAIf the director of a facility to which a defendant isreferred under Subsection (a) determines that the defendant is notmaking a good faith effort to participate in a program ofrehabilitation, the director shall notify the judge who referredthe defendant to the facility of that determination.

(c)AAIf a judge requires as a condition of communitysupervision that the defendant participate in a prescribed courseof conduct necessary for the rehabilitation of the defendant’s drugor alcohol dependence condition, the judge shall require that thedefendant pay for all or part of the cost of the rehabilitationbased on the defendant’s ability to pay. The judge, in the judge ’sdiscretion, may credit against the fine assessed the cost paid bythe defendant. In determining a defendant ’s ability to pay the costof rehabilitation under this subsection, the judge shall considerwhether the defendant has insurance coverage that will pay forrehabilitation.

(d)AAA judge who grants community supervision to a defendantconvicted of an offense under Sections 49.04-49.08, Penal Code,shall require, if the defendant has not submitted to an evaluationunder Article 42A.257 before receiving community supervision, thatthe defendant submit to the evaluation as a condition of communitysupervision. If the evaluation indicates to the judge that the

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defendant needs treatment for drug or alcohol dependency, the judgeshall require the defendant to submit to that treatment as acondition of community supervision in a program or facility that:

(1)AAis approved or licensed by the Department of StateHealth Services; or

(2)AAcomplies with standards established by thecommunity justice assistance division of the Texas Department ofCriminal Justice, after consultation by the division with theDepartment of State Health Services. (Code Crim. Proc., Art.42.12, Secs. 13(a) (part), (c), (d), (f).)

Art.A42A.403.AAEDUCATIONAL PROGRAM FOR CERTAIN INTOXICATIONOFFENDERS; WAIVER OR EXTENSION OF TIME. (a) A judge who places oncommunity supervision a defendant convicted of an offense underSections 49.04-49.08, Penal Code, shall require as a condition ofcommunity supervision that the defendant attend and successfullycomplete, before the 181st day after the date community supervisionis granted, an educational program designed to rehabilitate personswho have driven while intoxicated that is jointly approved by:

(1)AAthe Department of State Health Services;(2)AAthe Department of Public Safety;(3)AAthe traffic safety section of the traffic

operations division of the Texas Department of Transportation; and(4)AAthe community justice assistance division of the

Texas Department of Criminal Justice.(b)AAThis article does not apply to a defendant if a jury

recommends community supervision for the defendant and alsorecommends that the defendant’s driver’s license not be suspended.

(c)AAIf the defendant by a motion in writing shows goodcause, the judge may:

(1)AAwaive the educational program requirement; or(2)AAto enable the defendant to successfully complete

the program, grant an extension of time that expires not later thanthe first anniversary of the beginning date of the defendant ’scommunity supervision.A

(d)AAIn determining good cause, the judge may consider but isnot limited to:

(1)AAthe defendant ’s school and work schedule;(2)AAthe defendant ’s health;(3)AAthe distance that the defendant must travel to

attend an educational program; and(4)AAthe fact that the defendant resides out of state,

does not have a valid driver’s license, or does not have access totransportation.

(e)AAThe judge shall set out the finding of good cause forwaiver in the judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(h)(part).)

Art.A42A.404.AAEDUCATIONAL PROGRAM FOR CERTAIN REPEATINTOXICATION OFFENDERS; WAIVER. (a) The judge shall require adefendant who is punished under Section 49.09, Penal Code, toattend and successfully complete as a condition of communitysupervision an educational program for repeat offenders that isapproved by the Department of State Health Services.

(b)AAThe judge may waive the educational program requirementonly if the defendant by a motion in writing shows good cause. Indetermining good cause, the judge may consider:

(1)AAthe defendant ’s school and work schedule;(2)AAthe defendant ’s health;(3)AAthe distance that the defendant must travel to

attend an educational program; and(4)AAwhether the defendant resides out of state or does

not have access to transportation.(c)AAThe judge shall set out the finding of good cause in the

judgment. (Code Crim. Proc., Art. 42.12, Sec. 13(j) (part).)Art.A42A.405.AARULES FOR AND ADMINISTRATION OF EDUCATIONAL

PROGRAMS. (a) The Health and Human Services Commission shall adoptrules for the educational program under Article 42A.404.

(b)AAThe Department of State Health Services shall:(1)AApublish the jointly approved rules for the

educational program under Article 42A.403; and

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(2)AAmonitor, coordinate, and provide training topersons providing the educational programs under this subchapter.

(c)AAThe Department of State Health Services is responsiblefor the administration of the certification of approved educationalprograms.

(d)AAThe Department of State Health Services may charge anonrefundable application fee for the initial certification ofapproval or for a renewal of the certification. (Code Crim. Proc.,Art. 42.12, Secs. 13(h) (part), (j) (part).)

Art.A42A.406.AAEFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ONDRIVING RECORD AND LICENSE. (a) If a defendant is required as acondition of community supervision to attend an educational programunder Article 42A.403 or 42A.404, or if the court waives theeducational program requirement under Article 42A.403, the courtclerk shall immediately report that fact to the Department ofPublic Safety, on a form prescribed by the department, forinclusion in the defendant’s driving record. If the court grants anextension of time in which the defendant may complete theeducational program under Article 42A.403, the court clerk shallimmediately report that fact to the Department of Public Safety on aform prescribed by the department. The clerk ’s report under thissubsection must include the beginning date of the defendant’scommunity supervision.

(b)AAOn the defendant ’s successful completion of aneducational program under Article 42A.403 or 42A.404, thedefendant’s instructor shall give notice to the Department ofPublic Safety for inclusion in the defendant’s driving record andto the community supervision and corrections department. Thecommunity supervision and corrections department shall forward thenotice to the court clerk for filing.

(c)AAIf the Department of Public Safety does not receivenotice that a defendant required to complete an educational programhas successfully completed the program within the period requiredby the judge under this subchapter, as shown on department records,the department, as provided by Sections 521.344(e) and (f),Transportation Code, shall:

(1)AArevoke the defendant’s driver’s license; or(2)AAprohibit the defendant from obtaining a license.

(d)AAThe Department of Public Safety may not reinstate alicense revoked under Subsection (c) as the result of aneducational program requirement imposed under Article 42A.403unless the defendant whose license was revoked applies to thedepartment for reinstatement of the license and pays to thedepartment a reinstatement fee of $100. The Department of PublicSafety shall remit all fees collected under this subsection to thecomptroller for deposit in the general revenue fund. (Code Crim.Proc., Art. 42.12, Secs. 13(h) (part), (j) (part).)

Art.A42A.407.AASUSPENSION OF DRIVER’S LICENSE. (a) A jurythat recommends community supervision for a defendant convicted ofan offense under Sections 49.04-49.08, Penal Code, may recommendthat any driver’s license issued to the defendant under Chapter521, Transportation Code, not be suspended. This subsection doesnot apply to a defendant punished under Section 49.09(a) or (b),Penal Code, and subject to Section 49.09(h), Penal Code.

(b)AANotwithstanding Sections 521.344(d)-(i),Transportation Code, if under Article 42A.404 the judge requires adefendant punished under Section 49.09, Penal Code, to attend aneducational program as a condition of community supervision, orwaives the required attendance for the program, and the defendanthas previously been required to attend such an educational program,or the required attendance at the program had been waived, the judgeshall order the suspension of the defendant’s driver’s license for aperiod determined by the judge according to the following schedule:

(1)AAnot less than 90 days or more than one year, if thedefendant is convicted under Sections 49.04-49.08, Penal Code;

(2)AAnot less than 180 days or more than two years, ifthe defendant is punished under Section 49.09(a) or (b), PenalCode; or

(3)AAnot less than one year or more than two years, if

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the defendant is convicted of a second or subsequent offense underSections 49.04-49.08, Penal Code, committed within five years ofthe date on which the most recent preceding offense was committed.

(c)AAIf the Department of Public Safety receives notice thata defendant has been required to attend a subsequent educationalprogram under Article 42A.403 or 42A.404, although the previouslyrequired attendance had been waived, but the judge has not ordered aperiod of suspension, the department shall:

(1)AAsuspend the defendant’s driver’s license; or(2)AAissue an order prohibiting the defendant from

obtaining a license for a period of one year.(d)AAThe judge shall suspend the defendant ’s driver’s license

for a period provided under Subchapter O, Chapter 521,Transportation Code, if:

(1)AAa judge revokes the community supervision of thedefendant for:

(A)AAan offense under Section 49.04, Penal Code;or

(B)AAan offense involving the operation of a motorvehicle under Section 49.07, Penal Code; and

(2)AAthe license has not previously been ordered by thejudge to be suspended, or the suspension was previously probated.

(e)AAThe suspension of a defendant’s driver’s license underSubsection (d) shall be reported to the Department of Public Safetyas provided under Section 521.347, Transportation Code.

(f)AANotwithstanding any other provision of this subchapteror other law, a judge who places on community supervision adefendant who was younger than 21 years of age at the time of theoffense and was convicted for an offense under Sections49.04-49.08, Penal Code, shall order that the defendant ’s driver’slicense be suspended for 90 days beginning on the date the defendantis placed on community supervision. (Code Crim. Proc., Art. 42.12,Secs. 13(g), (k), (l), (m), (n) (part).)

Art.A42A.408.AAUSE OF IGNITION INTERLOCK DEVICE. (a) Inthis article, "ignition interlock device" means a device that usesa deep-lung breath analysis mechanism to make impractical theoperation of the motor vehicle if ethyl alcohol is detected in thebreath of the operator.

(b)AAThe court may require as a condition of communitysupervision that a defendant placed on community supervision afterconviction of an offense under Sections 49.04-49.08, Penal Code,have an ignition interlock device installed on the motor vehicleowned by the defendant or on the vehicle most regularly driven bythe defendant and that the defendant not operate any motor vehiclethat is not equipped with that device.

(c)AAThe court shall require as a condition of communitysupervision that a defendant described by Subsection (b) have anignition interlock device installed on the motor vehicle owned bythe defendant or on the vehicle most regularly driven by thedefendant and that the defendant not operate any motor vehicleunless the vehicle is equipped with that device if:

(1)AAit is shown on the trial of the offense that ananalysis of a specimen of the defendant’s blood, breath, or urineshowed an alcohol concentration level of 0.15 or more at the timethe analysis was performed;

(2)AAthe defendant is placed on community supervisionafter conviction of an offense under Sections 49.04-49.06, PenalCode, for which the defendant is punished under Section 49.09(a) or(b), Penal Code; or

(3)AAthe court determines under Subsection (d) that thedefendant has one or more previous convictions under Sections49.04-49.08, Penal Code.

(d)AABefore placing on community supervision a defendantconvicted of an offense under Sections 49.04-49.08, Penal Code, thecourt shall determine from criminal history record informationmaintained by the Department of Public Safety whether the defendanthas one or more previous convictions under any of those sections. Aprevious conviction may not be used for purposes of restricting adefendant to the operation of a motor vehicle equipped with an

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ignition interlock device under Subsection (c) if:(1)AAthe previous conviction was a final conviction

under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, PenalCode, and was for an offense committed before the beginning of the10-year period preceding the date of the instant offense for whichthe defendant was convicted and placed on community supervision;and

(2)AAthe defendant has not been convicted of an offenseunder Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, PenalCode, committed within the 10-year period preceding the date of theinstant offense for which the defendant was convicted and placed oncommunity supervision.

(e)AANotwithstanding any other provision of this subchapteror other law, a judge who places on community supervision adefendant who was younger than 21 years of age at the time of theoffense and was convicted for an offense under Sections49.04-49.08, Penal Code, shall require as a condition of communitysupervision that the defendant not operate any motor vehicle unlessthe vehicle is equipped with an ignition interlock device.

(f)AAThe court shall require the defendant to obtain anignition interlock device at the defendant’s own cost before the30th day after the date of conviction unless the court finds that todo so would not be in the best interest of justice and enters itsfindings on record. The court shall require the defendant toprovide evidence to the court within the 30-day period that thedevice has been installed on the appropriate vehicle and order thedevice to remain installed on that vehicle for a period the lengthof which is not less than 50 percent of the supervision period. Ifthe court determines the defendant is unable to pay for the ignitioninterlock device, the court may impose a reasonable paymentschedule not to exceed twice the length of the period of the court ’sorder.

(g)AAThe Department of Public Safety shall approve ignitioninterlock devices for use under this article. Section 521.247,Transportation Code, applies to the approval of a device under thisarticle and the consequences of that approval.

(h)AANotwithstanding any other provision of this subchapter,if a defendant is required to operate a motor vehicle in the courseand scope of the defendant’s employment and if the vehicle is ownedby the employer, the defendant may operate that vehicle withoutinstallation of an approved ignition interlock device if theemployer has been notified of that driving privilege restrictionand if proof of that notification is with the vehicle. Theemployment exemption does not apply if the business entity thatowns the vehicle is owned or controlled by the defendant. (CodeCrim. Proc., Art. 42.12, Secs. 13(i) (part), (n) (part).)

Art.A42A.409.AACOMMUNITY SUPERVISION FOR ENHANCED PUBLICINTOXICATION OFFENSE. (a) On conviction of an offense punishableas a Class C misdemeanor under Section 49.02, Penal Code, for whichpunishment is enhanced under Section 12.43(c), Penal Code, based onprevious convictions under Section 49.02 or 42.01, Penal Code, thecourt may suspend the imposition of the sentence and place thedefendant on community supervision if the court finds that thedefendant would benefit from community supervision and enters itsfinding on the record. The judge may suspend in whole or in part theimposition of any fine imposed on conviction.

(b)AAAll provisions of this chapter applying to a defendantplaced on community supervision for a misdemeanor apply to adefendant placed on community supervision under Subsection (a),except that the court shall require the defendant as a condition ofcommunity supervision to:

(1)AAsubmit to diagnostic testing for addiction toalcohol or a controlled substance or drug;

(2)AAsubmit to a psychological assessment;(3)AAif indicated as necessary by testing and

assessment, participate in an alcohol or drug abuse treatment oreducation program; and

(4)AApay the costs of testing, assessment, andtreatment or education, either directly or as a court cost. (Code

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Crim. Proc., Art. 42.12, Sec. 15A.)SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERSArt.A42A.451.AASEX OFFENDER REGISTRATION; DNA SAMPLE. A

judge granting community supervision to a defendant required toregister as a sex offender under Chapter 62 shall require that thedefendant, as a condition of community supervision:

(1)AAregister under that chapter; and(2)AAsubmit a DNA sample to the Department of Public

Safety under Subchapter G, Chapter 411, Government Code, for thepurpose of creating a DNA record of the defendant, unless thedefendant has already submitted the required sample under otherstate law. (Code Crim. Proc., Art. 42.12, Sec. 11(e).)

Art.A42A.452.AATREATMENT, SPECIALIZED SUPERVISION, ORREHABILITATION. A judge who grants community supervision to a sexoffender evaluated under Article 42A.258 may require the sexoffender as a condition of community supervision to submit totreatment, specialized supervision, or rehabilitation according tooffense-specific standards of practice adopted by the Council onSex Offender Treatment. On a finding that the defendant isfinancially able to make payment, the judge shall require thedefendant to pay all or part of the reasonable and necessary costsof the treatment, supervision, or rehabilitation. (Code Crim.Proc., Art. 42.12, Sec. 11(i).)

Art.A42A.453.AACHILD SAFETY ZONE. (a) In this article,"playground," "premises," "school," "video arcade facility," and"youth center" have the meanings assigned by Section 481.134,Health and Safety Code.

(b)AAThis article applies to a defendant placed on communitysupervision for an offense under:

(1)AASection 20.04(a)(4), Penal Code, if the defendantcommitted the offense with the intent to violate or abuse the victimsexually;

(2)AASection 20A.02, Penal Code, if the defendant:(A)AAtrafficked the victim with the intent or

knowledge that the victim would engage in sexual conduct, asdefined by Section 43.25, Penal Code; or

(B)AAbenefited from participating in a venturethat involved a trafficked victim engaging in sexual conduct, asdefined by Section 43.25, Penal Code;

(3)AASection 21.08, 21.11, 22.011, 22.021, or 25.02,Penal Code;

(4)AASection 30.02, Penal Code, punishable underSubsection (d) of that section, if the defendant committed theoffense with the intent to commit a felony listed in Subdivision (1)or (3); or

(5)AASection 43.05(a)(2), 43.25, or 43.26, Penal Code.(c)AAIf a judge grants community supervision to a defendant

described by Subsection (b) and the judge determines that a child asdefined by Section 22.011(c), Penal Code, was the victim of theoffense, the judge shall establish a child safety zone applicableto the defendant by requiring as a condition of communitysupervision that the defendant:

(1)AAnot:(A)AAsupervise or participate in any program that:

(i)AAincludes as participants or recipientspersons who are 17 years of age or younger; and

(ii)AAregularly provides athletic, civic, orcultural activities; or

(B)AAgo in, on, or within 1,000 feet of a premiseswhere children commonly gather, including a school, day-carefacility, playground, public or private youth center, publicswimming pool, or video arcade facility; and

(2)AAattend psychological counseling sessions for sexoffenders with an individual or organization that provides sexoffender treatment or counseling as specified or approved by thejudge or the defendant’s supervision officer.

(d)AANotwithstanding Subsection (c)(1), a judge is notrequired to impose the conditions described by Subsection (c)(1) ifthe defendant is a student at a primary or secondary school.

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(e)AAAt any time after the imposition of a condition underSubsection (c)(1), the defendant may request the court to modifythe child safety zone applicable to the defendant because the zoneas created by the court:

(1)AAinterferes with the defendant’s ability to attendschool or hold a job and consequently constitutes an undue hardshipfor the defendant; or

(2)AAis broader than is necessary to protect thepublic, given the nature and circumstances of the offense.

(f)AAA supervision officer for a defendant described bySubsection (b) may permit the defendant to enter on anevent-by-event basis into the child safety zone from which thedefendant is otherwise prohibited from entering if:

(1)AAthe defendant has served at least two years of theperiod of community supervision;

(2)AAthe defendant enters the zone as part of a programto reunite with the defendant ’s family;

(3)AAthe defendant presents to the supervision officera written proposal specifying where the defendant intends to gowithin the zone, why and with whom the defendant is going, and howthe defendant intends to cope with any stressful situations thatoccur;

(4)AAthe sex offender treatment provider treating thedefendant agrees with the supervision officer that the defendantshould be allowed to attend the event; and

(5)AAthe supervision officer and the treatment provideragree on a chaperon to accompany the defendant and the chaperonagrees to perform that duty.

(g)AAArticle 42A.051(b) does not prohibit a supervisionofficer from modifying a condition of community supervision bypermitting a defendant to enter a child safety zone underSubsection (f).

(h)AANotwithstanding Subsection (c)(1)(B), a requirementthat a defendant not go in, on, or within 1,000 feet of certainpremises does not apply to a defendant while the defendant is in orgoing immediately to or from a:

(1)AAcommunity supervision and corrections departmentoffice;

(2)AApremises at which the defendant is participatingin a program or activity required as a condition of communitysupervision;

(3)AAresidential facility in which the defendant isrequired to reside as a condition of community supervision, if thefacility was in operation as a residence for defendants oncommunity supervision on June 1, 2003; or

(4)AAprivate residence at which the defendant isrequired to reside as a condition of community supervision.

(i)AAA supervision officer who under Subsection (c)(2)specifies a sex offender treatment provider to provide counselingto a defendant shall:

(1)AAcontact the provider before the defendant isreleased;

(2)AAestablish the date, time, and place of the firstsession between the defendant and the provider; and

(3)AArequest the provider to immediately notify thesupervision officer if the defendant fails to attend the firstsession or any subsequent scheduled session. (Code Crim. Proc.,Art. 42.12, Sec. 13B.)

Art.A42A.454.AACERTAIN INTERNET ACTIVITY PROHIBITED. (a)This article applies only to a defendant who is required to registeras a sex offender under Chapter 62, by court order or otherwise,and:

(1)AAis convicted of or receives a grant of deferredadjudication community supervision for a violation of Section21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, PenalCode;

(2)AAused the Internet or any other type of electronicdevice used for Internet access to commit the offense or engage inthe conduct for which the person is required to register under

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Chapter 62; or(3)AAis assigned a numeric risk level of three based on

an assessment conducted under Article 62.007.(b)AAIf the court grants community supervision to a defendant

described by Subsection (a), the court as a condition of communitysupervision shall prohibit the defendant from using the Internetto:

(1)AAaccess material that is obscene, as defined bySection 43.21, Penal Code;

(2)AAaccess a commercial social networking site, asdefined by Article 62.0061(f);

(3)AAcommunicate with any individual concerning sexualrelations with an individual who is younger than 17 years of age; or

(4)AAcommunicate with another individual the defendantknows is younger than 17 years of age.

(c)AAThe court may modify at any time the condition describedby Subsection (b)(4) if:

(1)AAthe condition interferes with the defendant’sability to attend school or become or remain employed andconsequently constitutes an undue hardship for the defendant; or

(2)AAthe defendant is the parent or guardian of anindividual who is younger than 17 years of age and the defendant isnot otherwise prohibited from communicating with that individual.(Code Crim. Proc., Art. 42.12, Sec. 13G.)

Art.A42A.455.AAPAYMENT TO CHILDREN’S ADVOCACY CENTER. Ajudge who grants community supervision to a defendant charged withor convicted of an offense under Section 21.11 or 22.011(a)(2),Penal Code, may require the defendant to make one payment in anamount not to exceed $50 to a children ’s advocacy centerestablished under Subchapter E, Chapter 264, Family Code. (CodeCrim. Proc., Art. 42.12, Sec. 11(g).)SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND

OFFENDERSArt.A42A.501.AACOMMUNITY SUPERVISION FOR OFFENSE COMMITTED

BECAUSE OF BIAS OR PREJUDICE. (a) A court granting communitysupervision to a defendant convicted of an offense for which thecourt has made an affirmative finding under Article 42.014 shallrequire as a term of community supervision that the defendant:

(1)AAserve a term of not more than one year imprisonmentin the Texas Department of Criminal Justice if the offense is afelony other than an offense under Section 19.02, Penal Code; or

(2)AAserve a term of not more than 90 days confinementin jail if the offense is a misdemeanor.

(b)AAThe court may not grant community supervision on its ownmotion or on the recommendation of the jury to a defendant convictedof an offense for which the court has made an affirmative findingunder Article 42.014 if:

(1)AAthe offense for which the court has made theaffirmative finding is an offense under Section 19.02, Penal Code;or

(2)AAthe defendant has been previously convicted of anoffense for which the court made an affirmative finding underArticle 42.014. (Code Crim. Proc., Art. 42.12, Sec. 13A.)

Art.A42A.502.AACOMMUNITY SUPERVISION FOR CERTAIN VIOLENTOFFENSES; CHILD SAFETY ZONE. (a) In this article, "playground,""premises," "school," "video arcade facility," and "youth center"have the meanings assigned by Section 481.134, Health and SafetyCode.

(b)AAA judge granting community supervision to a defendantconvicted of an offense listed in Article 42A.054(a) or for whichthe judgment contains an affirmative finding under Article42A.054(c) or (d) may establish a child safety zone applicable tothe defendant, if the nature of the offense for which the defendantis convicted warrants the establishment of a child safety zone, byrequiring as a condition of community supervision that thedefendant not:

(1)AAsupervise or participate in any program that:(A)AAincludes as participants or recipients

persons who are 17 years of age or younger; and

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(B)AAregularly provides athletic, civic, orcultural activities; or

(2)AAgo in or on, or within a distance specified by thejudge of, a premises where children commonly gather, including aschool, day-care facility, playground, public or private youthcenter, public swimming pool, or video arcade facility.

(c)AAAt any time after the imposition of a condition underSubsection (b), the defendant may request the judge to modify thechild safety zone applicable to the defendant because the zone ascreated by the judge:

(1)AAinterferes with the defendant’s ability to attendschool or hold a job and consequently constitutes an undue hardshipfor the defendant; or

(2)AAis broader than is necessary to protect thepublic, given the nature and circumstances of the offense.

(d)AAThis article does not apply to a defendant described byArticle 42A.453. (Code Crim. Proc., Art. 42.12, Sec. 13D.)

Art.A42A.503.AACOMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSEOFFENSES; PROHIBITED CONTACT WITH VICTIM. (a) If the court grantscommunity supervision to a defendant convicted of an offensedescribed by Article 17.41(a), the court may require as a conditionof community supervision that the defendant not:

(1)AAdirectly communicate with the victim of theoffense; or

(2)AAgo near a residence, school, or other location, asspecifically described in the copy of terms and conditions, that isfrequented by the victim.

(b)AAIn imposing the condition under Subsection (a), thecourt may grant the defendant supervised access to the victim.

(c)AATo the extent that a condition imposed under thisarticle conflicts with an existing court order granting possessionof or access to a child, the condition imposed under this articleprevails for a period specified by the court granting communitysupervision, not to exceed 90 days. (Code Crim. Proc., Art. 42.12,Sec. 14(a), as amended Acts 73rd Leg., R.S., Ch. 165 (H.B. 119),Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts 78th Leg., R.S., Ch.353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113 (S.B. 44).)

Art.A42A.504.AACOMMUNITY SUPERVISION FOR CERTAIN OFFENSESINVOLVING FAMILY VIOLENCE; SPECIAL CONDITIONS. (a) In thisarticle:

(1)AA"Family violence" has the meaning assigned bySection 71.004, Family Code.

(2)AA"Family violence center" has the meaning assignedby Section 51.002, Human Resources Code.

(b)AAIf a judge grants community supervision to a defendantconvicted of an offense under Title 5, Penal Code, that the courtdetermines involves family violence, the judge shall require thedefendant to pay $100 to a family violence center that:

(1)AAreceives state or federal funds; and(2)AAserves the county in which the court is located.

(c)AAIf the court grants community supervision to a defendantconvicted of an offense involving family violence, the court mayrequire the defendant, at the direction of the supervision officer,to:

(1)AAattend a battering intervention and preventionprogram or counsel with a provider of battering intervention andprevention services if the program or provider has been accreditedunder Section 4A, Article 42.141, as conforming to programguidelines under that article; or

(2)AAif the referral option under Subdivision (1) isnot available, attend counseling sessions for the elimination ofviolent behavior with a licensed counselor, social worker, or otherprofessional who has completed family violence interventiontraining that the community justice assistance division of theTexas Department of Criminal Justice has approved, afterconsultation with the licensing authorities described by Chapters152, 501, 502, 503, and 505, Occupations Code, and experts in thefield of family violence.

(d)AAIf the court requires the defendant to attend counseling

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or a program, the court shall require the defendant to beginattendance not later than the 60th day after the date the courtgrants community supervision, notify the supervision officer of thename, address, and phone number of the counselor or program, andreport the defendant’s attendance to the supervision officer. Thecourt shall require the defendant to pay all the reasonable costs ofthe counseling sessions or attendance in the program on a findingthat the defendant is financially able to make payment. If thecourt finds the defendant is unable to make payment, the court shallmake the counseling sessions or enrollment in the program availablewithout cost to the defendant. The court may also require thedefendant to pay all or a part of the reasonable costs incurred bythe victim for counseling made necessary by the offense, on afinding that the defendant is financially able to make payment. Thecourt may order the defendant to make payments under thissubsection for a period not to exceed one year after the date onwhich the order is entered. (Code Crim. Proc., Art. 42.12, Sec.11(h); Secs. 14(c), (c-1), (c-2), as amended Acts 73rd Leg., R.S.,Ch. 165 (H.B. 119), Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts78th Leg., R.S., Ch. 353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113(S.B. 44).)

Art.A42A.505.AACOMMUNITY SUPERVISION FOR STALKING OFFENSE;PROHIBITED CONTACT WITH VICTIM. (a) If the court grants communitysupervision to a defendant convicted of an offense under Section42.072, Penal Code, the court may require as a condition ofcommunity supervision that the defendant not:

(1)AAcommunicate directly or indirectly with thevictim; or

(2)AAgo to or near:(A)AAthe residence, place of employment, or

business of the victim; or(B)AAa school, day-care facility, or similar

facility where a dependent child of the victim is in attendance.(b)AAIf the court requires the prohibition contained in

Subsection (a)(2) as a condition of community supervision, thecourt shall specifically describe the prohibited locations and theminimum distances, if any, that the defendant must maintain fromthe locations. (Code Crim. Proc., Art. 42.12, Sec. 11(l).)

Art.A42A.506.AACOMMUNITY SUPERVISION FOR DEFENDANT WITHMENTAL IMPAIRMENT. If the judge places a defendant on communitysupervision and the defendant is determined to be a person withmental illness or a person with an intellectual disability, asprovided by Article 16.22 or Chapter 46B or in a psychologicalevaluation conducted under Article 42A.253(a)(6), the judge mayrequire the defendant as a condition of community supervision tosubmit to outpatient or inpatient mental health or intellectualdisability treatment if:

(1)AAthe defendant ’s:(A)AAmental impairment is chronic in nature; or(B)AAability to function independently will

continue to deteriorate if the defendant does not receive mentalhealth or intellectual disability services; and

(2)AAthe judge determines, in consultation with a localmental health or intellectual disability services provider, thatmental health or intellectual disability services, as appropriate,are available for the defendant through:

(A)AAthe Department of State Health Services orthe Department of Aging and Disability Services under Section534.053, Health and Safety Code; or

(B)AAanother mental health or intellectualdisability services provider. (Code Crim. Proc., Art. 42.12, Sec.11(d).)

Art.A42A.507.AACOMMUNITY SUPERVISION FOR CERTAIN DEFENDANTSIDENTIFIED AS MEMBERS OF CRIMINAL STREET GANGS; ELECTRONICMONITORING. (a) This article applies only to a defendant who:

(1)AAis identified as a member of a criminal street gangin an intelligence database established under Chapter 61; and

(2)AAhas two or more times been previously convictedof, or received a grant of deferred adjudication community

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supervision or another functionally equivalent form of communitysupervision or probation for, a felony offense under the laws ofthis state, another state, or the United States.

(b)AAA court granting community supervision to a defendantdescribed by Subsection (a) may, on the defendant’s conviction of afelony offense, require as a condition of community supervisionthat the defendant submit to tracking under an electronicmonitoring service or other appropriate technological servicedesigned to track a person’s location. (Code Crim. Proc., Art.42.12, Sec. 13E.)

Art.A42A.508.AACOMMUNITY SUPERVISION FOR CERTAIN ORGANIZEDCRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE. Acourt granting community supervision to a defendant convicted of anoffense under Chapter 71, Penal Code, may impose as a condition ofcommunity supervision restrictions on the defendant ’s operation ofa motor vehicle, including specifying:

(1)AAhours during which the defendant may not operate amotor vehicle; and

(2)AAlocations at or in which the defendant may notoperate a motor vehicle. (Code Crim. Proc., Art. 42.12, Sec. 13F.)

Art.A42A.509.AACOMMUNITY SUPERVISION FOR GRAFFITI OFFENSE.A court granting community supervision to a defendant convicted ofan offense under Section 28.08, Penal Code, shall require as acondition of community supervision that the defendant perform:

(1)AAat least 15 hours of community service if theamount of pecuniary loss resulting from the commission of theoffense is $50 or more but less than $500; or

(2)AAat least 30 hours of community service if theamount of pecuniary loss resulting from the commission of theoffense is $500 or more. (Code Crim. Proc., Art. 42.12, Sec.11(k).)

Art.A42A.510.AACOMMUNITY SUPERVISION FOR ENHANCEDDISORDERLY CONDUCT OFFENSE. (a) On conviction of an offensepunishable as a Class C misdemeanor under Section 42.01, PenalCode, for which punishment is enhanced under Section 12.43(c),Penal Code, based on previous convictions under Section 42.01 or49.02, Penal Code, the court may suspend the imposition of thesentence and place the defendant on community supervision if thecourt finds that the defendant would benefit from communitysupervision and enters its finding on the record. The judge maysuspend in whole or in part the imposition of any fine imposed onconviction.

(b)AAAll provisions of this chapter applying to a defendantplaced on community supervision for a misdemeanor apply to adefendant placed on community supervision under this article,except that the court shall require the defendant as a condition ofcommunity supervision to:

(1)AAsubmit to diagnostic testing for addiction toalcohol or a controlled substance or drug;

(2)AAsubmit to a psychological assessment;(3)AAif indicated as necessary by testing and

assessment, participate in an alcohol or drug abuse treatment oreducation program; and

(4)AApay the costs of testing, assessment, andtreatment or education, either directly or as a court cost. (CodeCrim. Proc., Art. 42.12, Sec. 15A.)

Art.A42A.511.AACOMMUNITY SUPERVISION FOR CERTAIN OFFENSESINVOLVING ANIMALS. If a judge grants community supervision to adefendant convicted of an offense under Section 42.09, 42.091,42.092, or 42.10, Penal Code, the judge may require the defendant toattend a responsible pet owner course sponsored by a municipalanimal shelter, as defined by Section 823.001, Health and SafetyCode, that:

(1)AAreceives federal, state, county, or municipalfunds; and

(2)AAserves the county in which the court is located.(Code Crim. Proc., Art. 42.12, Sec. 11(m).)

Art.A42A.512.AACOMMUNITY SUPERVISION FOR ELECTRONICTRANSMISSION OF CERTAIN VISUAL MATERIAL. (a) In this article,

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"parent" means a natural or adoptive parent, managing or possessoryconservator, or legal guardian. The term does not include a parentwhose parental rights have been terminated.

(b)AAIf a judge grants community supervision to a defendantwho is convicted of or charged with an offense under Section 43.261,Penal Code, the judge may require as a condition of communitysupervision that the defendant attend and successfully complete aneducational program described by Section 37.218, Education Code, oranother equivalent educational program.

(c)AAThe court shall require the defendant or the defendant’sparent to pay the cost of attending an educational program underSubsection (b) if the court determines that the defendant or thedefendant’s parent is financially able to make payment. (CodeCrim. Proc., Art. 42.12, Sec. 13H.)

Art.A42A.513.AACOMMUNITY SUPERVISION FOR MAKING FIREARMACCESSIBLE TO CHILD. (a) A court granting community supervision toa defendant convicted of an offense under Section 46.13, PenalCode, may require as a condition of community supervision that thedefendant:

(1)AAprovide an appropriate public service activitydesignated by the court; or

(2)AAattend a firearms safety course that meets orexceeds the requirements set by the National Rifle Association asof January 1, 1995, for a firearms safety course that requires notmore than 17 hours of instruction.

(b)AAThe court shall require the defendant to pay the cost ofattending the firearms safety course under Subsection (a)(2).(Code Crim. Proc., Art. 42.12, Sec. 13C.)

SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISIONArt.A42A.551.AAPLACEMENT ON COMMUNITY SUPERVISION;

EXECUTION OF SENTENCE. (a) Except as otherwise provided bySubsection (b) or (c), on conviction of a state jail felony underSection 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that ispunished under Section 12.35(a), Penal Code, the judge shallsuspend the imposition of the sentence and place the defendant oncommunity supervision.

(b)AAIf the defendant has been previously convicted of afelony, other than a felony punished under Section 12.44(a), PenalCode, or if the conviction resulted from an adjudication of theguilt of a defendant previously placed on deferred adjudicationcommunity supervision for the offense, the judge may:

(1)AAsuspend the imposition of the sentence and placethe defendant on community supervision; or

(2)AAorder the sentence to be executed.(c)AASubsection (a) does not apply to a defendant who:

(1)AAunder Section 481.1151(b)(1), Health and SafetyCode, possessed more than five abuse units of the controlledsubstance;

(2)AAunder Section 481.1161(b)(3), Health and SafetyCode, possessed more than one pound, by aggregate weight, includingadulterants or dilutants, of the controlled substance; or

(3)AAunder Section 481.121(b)(3), Health and SafetyCode, possessed more than one pound of marihuana.

(d)AAOn conviction of a state jail felony punished underSection 12.35(a), Penal Code, other than a state jail felony listedin Subsection (a), subject to Subsection (e), the judge may:

(1)AAsuspend the imposition of the sentence and placethe defendant on community supervision; or

(2)AAorder the sentence to be executed:(A)AAin whole; or(B)AAin part, with a period of community

supervision to begin immediately on release of the defendant fromconfinement.

(e)AAIn any case in which the jury assesses punishment, thejudge must follow the recommendations of the jury in suspending theimposition of a sentence or ordering a sentence to be executed. Ifa jury assessing punishment does not recommend communitysupervision, the judge must order the sentence to be executed in

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whole.(f)AAA defendant is considered to be finally convicted if the

judge orders the sentence to be executed under Subsection (d)(2),regardless of whether the judge orders the sentence to be executedin whole or only in part.

(g)AAThe judge may suspend in whole or in part the impositionof any fine imposed on conviction. (Code Crim. Proc., Art. 42.12,Sec. 15(a).)

Art.A42A.552.AAREVIEW OF PRESENTENCE REPORT. Beforeimposing a sentence in a state jail felony case in which the judgeassesses punishment, the judge shall:

(1)AAreview the presentence report prepared for thedefendant under Subchapter F; and

(2)AAdetermine whether the best interests of justicerequire the judge to:

(A)AAsuspend the imposition of the sentence andplace the defendant on community supervision; or

(B)AAorder the sentence to be executed in whole orin part as provided by Article 42A.551(d). (Code Crim. Proc., Art.42.12, Sec. 15(c)(1) (part).)

Art.A42A.553.AAMINIMUM AND MAXIMUM PERIODS OF COMMUNITYSUPERVISION; EXTENSION. (a) The minimum period of communitysupervision a judge may impose under this subchapter is two years.The maximum period of community supervision a judge may imposeunder this subchapter is five years, except that the judge mayextend the maximum period of community supervision under thissubchapter to not more than 10 years.

(b)AAA judge may extend a period of community supervisionunder this subchapter:

(1)AAat any time during the period of communitysupervision; or

(2)AAbefore the first anniversary of the date theperiod of community supervision ends, if a motion for revocation ofcommunity supervision is filed before the date the period ofcommunity supervision ends. (Code Crim. Proc., Art. 42.12, Sec.15(b).)

Art.A42A.554.AACONDITIONS OF COMMUNITY SUPERVISION. (a) Ajudge assessing punishment in a state jail felony case may imposeany condition of community supervision on the defendant that thejudge could impose on a defendant placed on supervision for anoffense other than a state jail felony.

(b)AAIf the judge suspends the execution of the sentence ororders the execution of the sentence only in part as provided byArticle 42A.551(d), the judge shall impose conditions of communitysupervision consistent with the recommendations contained in thepresentence report prepared for the defendant under Subchapter F.

(c)AAExcept as otherwise provided by this subsection, a judgewho places a defendant on community supervision for an offenselisted in Article 42A.551(a) shall require the defendant to complywith substance abuse treatment conditions that are consistent withstandards adopted by the Texas Board of Criminal Justice underSection 509.015, Government Code. A judge is not required to imposethe substance abuse treatment conditions if the judge makes anaffirmative finding that the defendant does not require impositionof the conditions to successfully complete the period of communitysupervision. (Code Crim. Proc., Art. 42.12, Secs. 15(c)(1) (part),(2), (3).)

Art.A42A.555.AACONFINEMENT AS A CONDITION OF COMMUNITYSUPERVISION. (a) A judge assessing punishment in a state jailfelony case may impose as a condition of community supervision thata defendant submit at the beginning of the period of communitysupervision to a term of confinement in a state jail felony facilityfor a term of:

(1)AAnot less than 90 days or more than 180 days; or(2)AAnot less than 90 days or more than one year, if the

defendant is convicted of an offense punishable as a state jailfelony under Section 481.112, 481.1121, 481.113, or 481.120, Healthand Safety Code.

(b)AAA judge may not require a defendant to submit to both the

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term of confinement authorized by this article and a term ofconfinement under Subchapter C or Article 42A.302. (Code Crim.Proc., Art. 42.12, Secs. 15(c)(1) (part), (d) (part).)

Art.A42A.556.AASANCTIONS IMPOSED ON MODIFICATION OFCOMMUNITY SUPERVISION. If in a state jail felony case a defendantviolates a condition of community supervision imposed under thischapter and after a hearing under Article 42A.751(d) the judgemodifies the defendant’s community supervision, the judge mayimpose any sanction permitted by Article 42A.752, except that ifthe judge requires a defendant to serve a term of confinement in astate jail felony facility as a modification of the defendant’scommunity supervision, the minimum term of confinement is 90 daysand the maximum term of confinement is 180 days. (Code Crim. Proc.,Art. 42.12, Sec. 15(e).)

Art.A42A.557.AAREPORT BY DIRECTOR OF FACILITY. The facilitydirector of a state jail felony facility shall report to a judge whoorders a defendant confined in the facility as a condition ofcommunity supervision or as a sanction imposed on a modification ofcommunity supervision under Article 42A.556 not less than every 90days on the defendant’s programmatic progress, conduct, andconformity to the rules of the facility. (Code Crim. Proc., Art.42.12, Sec. 15(g).)

Art.A42A.558.AAREVOCATION; OPTIONS REGARDING EXECUTION OFSENTENCE. (a) If in a state jail felony case a defendant violates acondition of community supervision imposed under this chapter andafter a hearing under Article 42A.751(d) the judge revokes thedefendant’s community supervision, the judge shall dispose of thecase in the manner provided by Article 42A.755.

(b)AAThe court retains jurisdiction over the defendant forthe period during which the defendant is confined in a state jailfelony facility. At any time after the 75th day after the date thedefendant is received into the custody of a state jail felonyfacility, the judge on the judge ’s own motion, on the motion of theattorney representing the state, or on the motion of the defendantmay suspend further execution of the sentence and place thedefendant on community supervision under the conditions of thissubchapter.

(c)AAWhen the defendant or the attorney representing thestate files a written motion requesting the judge to suspendfurther execution of the sentence and place the defendant oncommunity supervision, the clerk of the court, if requested to do soby the judge, shall request a copy of the defendant’s record whileconfined from the facility director of the state jail felonyfacility in which the defendant is confined or, if the defendant isconfined in county jail, from the sheriff. On receipt of therequest, the facility director or the sheriff shall forward a copyof the record to the judge as soon as possible.

(d)AAWhen the defendant files a written motion requesting thejudge to suspend further execution of the sentence and place thedefendant on community supervision, the defendant shallimmediately deliver or cause to be delivered a copy of the motion tothe office of the attorney representing the state. The judge maydeny the motion without holding a hearing but may not grant themotion without holding a hearing and providing the attorneyrepresenting the state and the defendant the opportunity to presentevidence on the motion. (Code Crim. Proc., Art. 42.12, Sec. 15(f).)

Art.A42A.559.AACREDITS FOR TIME SERVED. (a) For purposes ofthis article, "diligent participation" includes:

(1)AAsuccessful completion of an educational,vocational, or treatment program;

(2)AAprogress toward successful completion of aneducational, vocational, or treatment program that was interruptedby illness, injury, or another circumstance outside the control ofthe defendant; and

(3)AAactive involvement in a work program.(b)AAA defendant confined in a state jail felony facility

does not earn good conduct time for time served in the facility butmay be awarded diligent participation credit in accordance withSubsection (f).

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(c)AAA judge:(1)AAmay credit against any time a defendant is

required to serve in a state jail felony facility time served in acounty jail from the time of the defendant’s arrest and confinementuntil sentencing by the trial court; and

(2)AAshall credit against any time a defendant isrequired to serve in a state jail felony facility time served beforesentencing in a substance abuse felony punishment facility operatedby the Texas Department of Criminal Justice under Section 493.009,Government Code, or other court-ordered residential program orfacility as a condition of deferred adjudication communitysupervision, but only if the defendant successfully completes thetreatment program in that facility.

(d)AAA judge shall credit against any time a defendant issubsequently required to serve in a state jail felony facilityafter revocation of community supervision time served aftersentencing:

(1)AAin a state jail felony facility; or(2)AAin a substance abuse felony punishment facility

operated by the Texas Department of Criminal Justice under Section493.009, Government Code, or other court-ordered residentialprogram or facility if the defendant successfully completes thetreatment program in that facility.

(e)AAFor a defendant who has participated in an educational,vocational, treatment, or work program while confined in a statejail felony facility, not later than the 30th day before the date onwhich the defendant will have served 80 percent of the defendant’ssentence, the Texas Department of Criminal Justice shall report tothe sentencing court the number of days during which the defendantdiligently participated in any educational, vocational, treatment,or work program. The contents of a report submitted under thissubsection are not subject to challenge by a defendant.

(f)AAA judge, based on the report received under Subsection(e), may credit against any time a defendant is required to serve ina state jail felony facility additional time for each day thedefendant actually served in the facility while diligentlyparticipating in an educational, vocational, treatment, or workprogram. A time credit under this subsection may not exceedone-fifth of the amount of time the defendant is originallyrequired to serve in the facility. A defendant may not be awarded atime credit under this subsection for any period during which thedefendant is subject to disciplinary action. A time credit underthis subsection is a privilege and not a right. (Code Crim. Proc.,Art. 42.12, Sec. 15(h).)

Art.A42A.560.AAMEDICAL RELEASE. (a) If a defendant isconvicted of a state jail felony and the sentence is executed, thejudge sentencing the defendant may release the defendant to amedically suitable placement if the judge determines that thedefendant does not constitute a threat to public safety and theTexas Correctional Office on Offenders with Medical or MentalImpairments:

(1)AAin coordination with the Correctional ManagedHealth Care Committee, prepares a case summary and medical reportthat identifies the defendant as:

(A)AAbeing a person who is elderly or terminallyill or a person with a physical disability;

(B)AAbeing a person with mental illness or anintellectual disability; or

(C)AAhaving a condition requiring long-term care;and

(2)AAin cooperation with the community supervision andcorrections department serving the sentencing court, prepares forthe defendant a medically recommended intensive supervision andcontinuity of care plan that:

(A)AAensures appropriate supervision of thedefendant by the community supervision and corrections department;and

(B)AArequires the defendant to remain under thecare of a physician at and reside in a medically suitable placement.

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(b)AAThe Texas Correctional Office on Offenders with Medicalor Mental Impairments shall submit to a judge who releases adefendant to an appropriate medical care facility under Subsection(a) a quarterly status report concerning the defendant’s medicaland treatment status.

(c)AAIf a defendant released to a medically suitableplacement under Subsection (a) violates the terms of that release,the judge may dispose of the matter as provided by Articles 42A.556and 42A.558(a). (Code Crim. Proc., Art. 42.12, Secs. 15(i), asadded Acts 80th Leg., R.S., Ch. 1308, (j), as added Acts 80th Leg.,R.S., Ch. 1308, (k).)

Art.A42A.561.AAMEDICAL RELEASE. (a) If a defendant isconvicted of a state jail felony and the sentence is executed, thejudge sentencing the defendant may release the defendant to amedical care facility or medical treatment program if the TexasCorrectional Office on Offenders with Medical or MentalImpairments:

(1)AAidentifies the defendant as:(A)AAbeing a person who is elderly or terminally

ill or a person with a physical disability;(B)AAbeing a person with mental illness or an

intellectual disability; or(C)AAhaving a condition requiring long-term care;

and(2)AAin cooperation with the community supervision and

corrections department serving the sentencing court, prepares forthe defendant a medically recommended intensive supervision planthat:

(A)AAensures appropriate supervision of thedefendant; and

(B)AArequires the defendant to remain under thecare of a physician at the facility or in the program.

(b)AAIf a defendant released to a medical care facility ormedical treatment program under Subsection (a) violates the termsof that release, the judge may dispose of the matter as provided byArticles 42A.556 and 42A.558(a). (Code Crim. Proc., Art. 42.12,Secs. 15(i), as added Acts 80th Leg., R.S., Ch. 617, (j), as addedActs 80th Leg., R.S., Ch. 617.)

SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIESArt.A42A.601.AADEFINITION. In this subchapter, "community

corrections facility" has the meaning assigned by Section 509.001,Government Code. (Code Crim. Proc., Art. 42.12, Sec. 18(a).)

Art.A42A.602.AAMAXIMUM TERM OR TERMS OF CONFINEMENT. (a) Ifa judge requires as a condition of community supervision orparticipation in a drug court program established under Chapter123, Government Code, or former law that the defendant serve a termof confinement in a community corrections facility, the term maynot exceed 24 months.

(b)AAA judge who requires as a condition of communitysupervision that the defendant serve a term of confinement in acommunity corrections facility may not impose a subsequent term ofconfinement in a community corrections facility or jail during thesame supervision period that, if added to the terms previouslyimposed, exceeds 36 months. (Code Crim. Proc., Art. 42.12, Secs.18(b), (h).)

Art.A42A.603.AAEFFECT OF REVOCATION ON CREDIT FOR TIME SPENTIN FACILITY. A defendant granted community supervision under thischapter and required as a condition of community supervision toserve a term of confinement under this subchapter may not earn goodconduct credit for time spent in a community corrections facilityor apply time spent in the facility toward completion of a prisonsentence if the community supervision is revoked. (Code Crim.Proc., Art. 42.12, Sec. 18(c).)

Art.A42A.604.AAEVALUATION OF DEFENDANT’S BEHAVIOR ANDATTITUDE. (a) As directed by the judge, the community correctionsfacility director shall file with the community supervision andcorrections department director or administrator of a drug courtprogram, as applicable, a copy of an evaluation made by the facilitydirector of the defendant’s behavior and attitude at the facility.

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The community supervision and corrections department director orprogram administrator shall examine the evaluation, make writtencomments on the evaluation that the director or administratorconsiders relevant, and file the evaluation and comments with thejudge who granted community supervision to the defendant or placedthe defendant in a drug court program. If the evaluation indicatesthat the defendant has made significant progress toward compliancewith court-ordered conditions of community supervision orobjectives of placement in the drug court program, as applicable,the judge may release the defendant from the community correctionsfacility.AAA defendant who served a term in the facility as acondition of community supervision shall serve the remainder of thedefendant’s community supervision under any terms and conditionsthe court imposes under this chapter.

(b)AANot later than 18 months after the date on which adefendant is granted community supervision under this chapter andrequired as a condition of community supervision to serve a term ofconfinement under this subchapter, the community correctionsfacility director shall file with the community supervision andcorrections department director a copy of an evaluation made by thefacility director of the defendant’s behavior and attitude at thefacility. The community supervision and corrections departmentdirector shall examine the evaluation, make written comments on theevaluation that the director considers relevant, and file theevaluation and comments with the judge who granted communitysupervision to the defendant. If the report indicates that thedefendant has made significant progress toward court-orderedconditions of community supervision, the judge shall modify thejudge’s sentence and release the defendant in the same manner asprovided by Subsection (a). If the report indicates that thedefendant would benefit from continued participation in thecommunity corrections facility program, the judge may order thedefendant to remain at the community corrections facility for aperiod determined by the judge. If the report indicates that thedefendant has not made significant progress toward rehabilitation,the judge may revoke community supervision and order the defendantto serve the term of confinement specified in the defendant’ssentence. (Code Crim. Proc., Art. 42.12, Secs. 18(d), (e).)

Art.A42A.605.AAPLACEMENT IN COMMUNITY SERVICE PROJECT. Ifordered by the judge who placed the defendant on communitysupervision, a community corrections facility director shallattempt to place a defendant as a worker in a community serviceproject of a type described by Article 42A.304. (Code Crim. Proc.,Art. 42.12, Sec. 18(f).)

Art.A42A.606.AACONFINEMENT REQUIRED; EXCEPTIONS. Adefendant participating in a program under this subchapter must beconfined in the community corrections facility at all times exceptfor time spent:

(1)AAattending and traveling to and from:(A)AAan education or rehabilitation program as

ordered by the court; or(B)AAa community service project;

(2)AAaway from the facility for purposes described bythis subchapter; and

(3)AAtraveling to and from work, if applicable. (CodeCrim. Proc., Art. 42.12, Sec. 18(g).)

Art.A42A.607.AADISPOSITION OF SALARY. If a defendant who isrequired as a condition of community supervision to serve a term ofconfinement under this subchapter is not required by the judge todeliver the defendant’s salary to the restitution center director,the employer of the defendant shall deliver the salary to thedirector.AAThe director shall deposit the salary into a fund to begiven to the defendant on release after the director deducts:

(1)AAthe cost to the center for the defendant ’s food,housing, and supervision;

(2)AAthe necessary expense for the defendant’s travelto and from work and community service projects, and otherincidental expenses of the defendant;

(3)AAsupport of the defendant’s dependents; and

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(4)AArestitution to the victims of an offense committedby the defendant. (Code Crim. Proc., Art. 42.12, Sec. 18(i).)

SUBCHAPTER N. PAYMENTS; FEESArt.A42A.651.AAPAYMENT AS CONDITION OF COMMUNITY

SUPERVISION. (a) A judge may not order a defendant to make apayment as a term or condition of community supervision, exceptfor:

(1)AAthe payment of fines, court costs, or restitutionto the victim; or

(2)AAa payment ordered as a condition that relatespersonally to the rehabilitation of the defendant or that isotherwise expressly authorized by law.

(b)AAA defendant ’s obligation to pay a fine or court cost asordered by a judge is independent of any requirement to pay the fineor court cost as a condition of the defendant ’s communitysupervision. A defendant remains obligated to pay any unpaid fineor court cost after the expiration of the defendant’s period ofcommunity supervision. (Code Crim. Proc., Art. 42.12, Secs. 11(b)(part), (b-1).)

Art.A42A.652.AAMONTHLY FEE. (a) Except as otherwiseprovided by this article, a judge who grants community supervisionto a defendant shall set a fee of not less than $25 and not more than$60 to be paid each month during the period of community supervisionby the defendant to:

(1)AAthe court of original jurisdiction; or(2)AAthe court accepting jurisdiction of the

defendant’s case, if jurisdiction is transferred under Article42A.151.

(b)AAThe judge may make payment of the monthly fee acondition of granting or continuing the community supervision. Thejudge may waive or reduce the fee or suspend a monthly payment ofthe fee if the judge determines that payment of the fee would causethe defendant a significant financial hardship.

(c)AAA court accepting jurisdiction of a defendant’s caseunder Article 42A.151 shall enter an order directing the defendantto pay the monthly fee to that court instead of to the court oforiginal jurisdiction. To the extent of any conflict between anorder issued under this subsection and an order issued by a court oforiginal jurisdiction, the order entered under this subsectionprevails.

(d)AAA judge who receives a defendant for supervision asauthorized by Section 510.017, Government Code, may require thedefendant to pay the fee authorized by this article.

(e)AAA judge may not require a defendant to pay the fee underthis article for any month after the period of communitysupervision has been terminated by the judge under Article 42A.701.

(f)AAA judge shall deposit any fee received under thisarticle in the special fund of the county treasury, to be used forthe same purposes for which state aid may be used under Chapter 76,Government Code. (Code Crim. Proc., Art. 42.12, Secs. 19(a),(a-1), (b), (c) (part), (g).)

Art.A42A.653.AAADDITIONAL MONTHLY FEE FOR CERTAIN SEXOFFENDERS. (a) A judge who grants community supervision to adefendant convicted of an offense under Section 21.08, 21.11,22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall requireas a condition of community supervision that the defendant pay tothe defendant ’s supervision officer a community supervision fee of$5 each month during the period of community supervision.

(b)AAA fee imposed under this article is in addition to courtcosts or any other fee imposed on the defendant.

(c)AAA community supervision and corrections departmentshall deposit a fee collected under this article to be sent to thecomptroller as provided by Subchapter B, Chapter 133, LocalGovernment Code. The comptroller shall deposit the fee in thesexual assault program fund under Section 420.008, Government Code.

(d)AAIf a community supervision and corrections departmentdoes not collect a fee imposed under this article, the department isnot required to file any report required by the comptroller thatrelates to the collection of the fee. (Code Crim. Proc., Art.

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42.12, Secs. 19(e), (f), as amended Acts 78th Leg., R.S., Chs. 209,1310.)

Art.A42A.654.AAFEES DUE ON CONVICTION. For the purpose ofdetermining when fees due on conviction are to be paid to anyofficer, the placement of a defendant on community supervision isconsidered a final disposition of the case, without the necessityof waiting for the termination of the period of communitysupervision. (Code Crim. Proc., Art. 42.12, Sec. 19(d).)

Art.A42A.655.AAABILITY TO PAY. The court shall consider thedefendant’s ability to pay in ordering the defendant to make anypayments under this chapter. (Code Crim. Proc., Art. 42.12, Sec.11(b) (part).)SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION

PERIODArt.A42A.701.AAREDUCTION OR TERMINATION OF COMMUNITY

SUPERVISION PERIOD. (a) At any time after the defendant hassatisfactorily completed one-third of the original communitysupervision period or two years of community supervision, whicheveris less, the judge may reduce or terminate the period of communitysupervision.

(b)AAOn completion of one-half of the original communitysupervision period or two years of community supervision, whicheveris more, the judge shall review the defendant ’s record and considerwhether to reduce or terminate the period of community supervision,unless the defendant:

(1)AAis delinquent in paying required costs, fines,fees, or restitution that the defendant has the ability to pay; or

(2)AAhas not completed court-ordered counseling ortreatment.

(c)AABefore reducing or terminating a period of communitysupervision or conducting a review under this article, the judgeshall notify the attorney representing the state and the defendantor, if the defendant has an attorney, the defendant’s attorney.

(d)AAIf the judge determines that the defendant has failed tosatisfactorily fulfill the conditions of community supervision,the judge shall advise the defendant in writing of the requirementsfor satisfactorily fulfilling those conditions.

(e)AAOn the satisfactory fulfillment of the conditions ofcommunity supervision and the expiration of the period of communitysupervision, the judge by order shall:

(1)AAamend or modify the original sentence imposed, ifnecessary, to conform to the community supervision period; and

(2)AAdischarge the defendant.(f)AAIf the judge discharges the defendant under this

article, the judge may set aside the verdict or permit the defendantto withdraw the defendant’s plea. A judge acting under thissubsection shall dismiss the accusation, complaint, information,or indictment against the defendant. A defendant who receives adischarge and dismissal under this subsection is released from allpenalties and disabilities resulting from the offense of which thedefendant has been convicted or to which the defendant has pleadedguilty, except that:

(1)AAproof of the conviction or plea of guilty shall bemade known to the judge if the defendant is convicted of anysubsequent offense; and

(2)AAif the defendant is an applicant for or the holderof a license under Chapter 42, Human Resources Code, the Departmentof Family and Protective Services may consider the fact that thedefendant previously has received community supervision under thischapter in issuing, renewing, denying, or revoking a license underChapter 42, Human Resources Code.

(g)AAThis article does not apply to a defendant convicted of:(1)AAan offense under Sections 49.04-49.08, Penal Code;(2)AAan offense the conviction of which requires

registration as a sex offender under Chapter 62; or(3)AAa felony described by Article 42A.054. (Code

Crim. Proc., Art. 42.12, Sec. 20.)Art.A42A.702.AATIME CREDITS FOR COMPLETION OF CERTAIN

CONDITIONS OF COMMUNITY SUPERVISION. (a) This article applies

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only to a defendant who:(1)AAis granted community supervision, including

deferred adjudication community supervision, for an offensepunishable as a state jail felony or a felony of the third degree,other than an offense:

(A)AAincluded as a "reportable conviction oradjudication" under Article 62.001(5);

(B)AAinvolving family violence as defined bySection 71.004, Family Code;

(C)AAunder Section 20.03 or 28.02, Penal Code; or(D)AAunder Chapter 49, Penal Code;

(2)AAis not delinquent in paying required costs, fines,or fees; and

(3)AAhas fully satisfied any order to pay restitutionto a victim.

(b)AAA defendant described by Subsection (a) is entitled toreceive any combination of time credits toward the completion ofthe defendant ’s period of community supervision in accordance withthis article if the court ordered the defendant as a condition ofcommunity supervision to:

(1)AAmake a payment described by Subsection (c);(2)AAcomplete a treatment or rehabilitation program

described by Subsection (d); or(3)AAearn a diploma, certificate, or degree described

by Subsection (e).(c)AAA defendant is entitled to time credits toward the

completion of the defendant ’s period of community supervision forthe full payment of court costs, fines, attorney ’s fees, andrestitution as follows:

(1)AAcourt costs:A15 days;(2)AAfines:A30 days;(3)AAattorney’s fees:A30 days; and(4)AArestitution:A60 days.

(d)AAA defendant is entitled to time credits toward thecompletion of the defendant ’s period of community supervision forthe successful completion of treatment or rehabilitation programsas follows:

(1)AAparenting class or parental responsibilityprogram:A30 days;

(2)AAanger management program:A30 days;(3)AAlife skills training program:A30 days;(4)AAvocational, technical, or career education or

training program:A60 days; and(5)AAalcohol or substance abuse counseling or

treatment:A90 days.(e)AAA defendant is entitled to time credits toward the

completion of the defendant ’s period of community supervision forearning the following diplomas, certificates, or degrees:

(1)AAa high school diploma or high school equivalencycertificate:A90 days; and

(2)AAan associate ’s degree:A120 days.(f)AAA defendant’s supervision officer shall notify the

court if one or more time credits under this article, cumulated withthe amount of the original community supervision period thedefendant has completed, allow or require the court to conduct areview of the defendant ’s community supervision under Article42A.701. On receipt of the notice from the supervision officer, thecourt shall conduct the review of the defendant ’s communitysupervision to determine if the defendant is eligible for areduction or termination of community supervision under Article42A.701, taking into account any time credits to which thedefendant is entitled under this article in determining if thedefendant has completed, as applicable:

(1)AAthe lesser of one-third of the original communitysupervision period or two years of community supervision; or

(2)AAthe greater of one-half of the original communitysupervision period or two years of community supervision.

(g)AAA court may order that some or all of the time credits towhich a defendant is entitled under this article be forfeited if,

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before the expiration of the original period or a reduced period ofcommunity supervision, the court:

(1)AAafter a hearing under Article 42A.751(d), findsthat a defendant violated one or more conditions of communitysupervision; and

(2)AAmodifies or continues the defendant ’s period ofcommunity supervision under Article 42A.752 or revokes thedefendant’s community supervision under Article 42A.755. (CodeCrim. Proc., Art. 42.12, Sec. 20A.)

SUBCHAPTER P. REVOCATION AND OTHER SANCTIONSArt.A42A.751.AAVIOLATION OF CONDITIONS OF COMMUNITY

SUPERVISION; DETENTION AND HEARING. (a) At any time during theperiod of community supervision, the judge may issue a warrant for aviolation of any condition of community supervision and cause adefendant convicted under Section 43.02, Penal Code, Chapter 481,Health and Safety Code, or Sections 485.031 through 485.035, Healthand Safety Code, or placed on deferred adjudication communitysupervision after being charged with one of those offenses, to besubject to:

(1)AAthe control measures of Section 81.083, Health andSafety Code; and

(2)AAthe court-ordered-management provisions ofSubchapter G, Chapter 81, Health and Safety Code.

(b)AAAt any time during the period of community supervision,the judge may issue a warrant for a violation of any condition ofcommunity supervision and cause the defendant to be arrested.AAAnysupervision officer, police officer, or other officer with thepower of arrest may arrest the defendant with or without a warranton the order of the judge to be noted on the docket of the court.Subject to Subsection (c), a defendant arrested under thissubsection may be detained in the county jail or other appropriateplace of confinement until the defendant can be taken before thejudge for a determination regarding the alleged violation.AAThearresting officer shall immediately report the arrest and detentionto the judge.

(c)AAWithout any unnecessary delay, but not later than 48hours after the defendant is arrested, the arresting officer or theperson with custody of the defendant shall take the defendantbefore the judge who ordered the arrest for the alleged violation ofa condition of community supervision or, if the judge isunavailable, before a magistrate of the county in which thedefendant was arrested.AAThe judge or magistrate shall perform allappropriate duties and may exercise all appropriate powers asprovided by Article 15.17 with respect to an arrest for a newoffense, except that only the judge who ordered the arrest for thealleged violation may authorize the defendant ’s release onbail.AAThe defendant may be taken before the judge or magistrateunder this subsection by means of an electronic broadcast system asprovided by and subject to the requirements of Article 15.17.

(d)AAIf the defendant has not been released on bail aspermitted under Subsection (c), on motion by the defendant, thejudge who ordered the arrest for the alleged violation of acondition of community supervision shall cause the defendant to bebrought before the judge for a hearing on the alleged violationwithin 20 days of the date the motion is filed. After a hearingwithout a jury, the judge may continue, extend, modify, or revokethe community supervision.

(e)AAA judge may revoke without a hearing the communitysupervision of a defendant who is imprisoned in a penal institutionif the defendant in writing before a court of record in thejurisdiction where the defendant is imprisoned:

(1)AAwaives the defendant’s right to a hearing and tocounsel;

(2)AAaffirms that the defendant has nothing to say as towhy sentence should not be pronounced against the defendant; and

(3)AArequests the judge to revoke community supervisionand to pronounce sentence.

(f)AAIn a felony case, the state may amend the motion torevoke community supervision at any time before the seventh day

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before the date of the revocation hearing, after which time themotion may not be amended except for good cause shown. The statemay not amend the motion after the commencement of taking evidenceat the revocation hearing.

(g)AAThe judge may continue the revocation hearing for goodcause shown by either the defendant or the state.

(h)AAThe court may not revoke the community supervision of adefendant if, at the revocation hearing, the court finds that theonly evidence supporting the alleged violation of a condition ofcommunity supervision is the uncorroborated results of a polygraphexamination.

(i)AAIn a revocation hearing at which it is alleged only thatthe defendant violated the conditions of community supervision byfailing to pay compensation paid to appointed counsel, communitysupervision fees, or court costs, the state must prove by apreponderance of the evidence that the defendant was able to pay anddid not pay as ordered by the judge.

(j)AAThe court may order a community supervision andcorrections department to obtain information pertaining to thefactors listed under Article 42.037(h) and include that informationin the presentence report required under Article 42A.252(a) or aseparate report, as the court directs.

(k)AAA defendant has a right to counsel at a hearing underthis article. The court shall appoint counsel for an indigentdefendant in accordance with the procedures adopted under Article26.04.

(l)AAA court retains jurisdiction to hold a hearing underSubsection (d) and to revoke, continue, or modify communitysupervision, regardless of whether the period of communitysupervision imposed on the defendant has expired, if before theexpiration of the supervision period:

(1)AAthe attorney representing the state files a motionto revoke, continue, or modify community supervision; and

(2)AAa capias is issued for the arrest of the defendant.(Code Crim. Proc., Art. 42.12, Sec. 21.)

Art.A42A.752.AACONTINUATION OR MODIFICATION OF COMMUNITYSUPERVISION AFTER VIOLATION. (a) If after a hearing under Article42A.751(d) a judge continues or modifies community supervisionafter determining that the defendant violated a condition ofcommunity supervision, the judge may impose any other conditionsthe judge determines are appropriate, including:

(1)AAa requirement that the defendant perform communityservice for a number of hours specified by the court under Article42A.304, or an increase in the number of hours that the defendanthas previously been required to perform under that article in anamount not to exceed double the number of hours permitted by thatarticle;

(2)AAan extension of the period of communitysupervision, in the manner described by Article 42A.753;

(3)AAan increase in the defendant’s fine, in the mannerdescribed by Subsection (b); or

(4)AAthe placement of the defendant in a substanceabuse felony punishment program operated under Section 493.009,Government Code, if:

(A)AAthe defendant is convicted of a felony otherthan:

(i)AAa felony under Section 21.11, 22.011,or 22.021, Penal Code; or

(ii)AAcriminal attempt of a felony underSection 21.11, 22.011, or 22.021, Penal Code; and

(B)AAthe judge makes an affirmative finding that:(i)AAdrug or alcohol abuse significantly

contributed to the commission of the offense or violation of acondition of community supervision, as applicable; and

(ii)AAthe defendant is a suitable candidatefor treatment, as determined by the suitability criteriaestablished by the Texas Board of Criminal Justice under Section493.009(b), Government Code.

(b)AAA judge may impose a sanction on a defendant described

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by Subsection (a)(3) by increasing the fine imposed on thedefendant. The original fine imposed on the defendant and anincrease in the fine imposed under this subsection may not exceedthe maximum fine for the offense for which the defendant wassentenced. The judge shall deposit money received from an increasein the defendant’s fine under this subsection in the special fund ofthe county treasury to be used for the same purposes for which stateaid may be used under Chapter 76, Government Code.

(c)AAIf the judge imposes a sanction under Subsection (a)(4),the judge shall also impose a condition requiring the defendant onsuccessful completion of the program to participate in a drug oralcohol abuse continuum of care treatment plan. (Code Crim. Proc.,Art. 42.12, Secs. 22(a), (b), (d).)

Art.A42A.753.AAEXTENSION OF COMMUNITY SUPERVISION AFTERVIOLATION. (a) On a showing of good cause, the judge may extend aperiod of community supervision under Article 42A.752(a)(2) asfrequently as the judge determines is necessary, but the period ofcommunity supervision in a first, second, or third degree felonycase may not exceed 10 years and, except as otherwise provided bySubsection (b), the period of community supervision in amisdemeanor case may not exceed three years.

(b)AAThe judge may extend the period of community supervisionin a misdemeanor case for any period the judge determines isnecessary, not to exceed an additional two years beyond thethree-year limit provided by Subsection (a), if:

(1)AAthe defendant fails to pay a previously assessedfine, cost, or restitution; and

(2)AAthe judge determines that extending thesupervision period increases the likelihood that the defendant willfully pay the fine, cost, or restitution.

(c)AAA court may extend a period of community supervisionunder Article 42A.752(a)(2):

(1)AAat any time during the supervision period; or(2)AAbefore the first anniversary of the date the

supervision period ends, if a motion for revocation of communitysupervision is filed before the date the supervision period ends.(Code Crim. Proc., Art. 42.12, Sec. 22(c).)

Art.A42A.754.AAAUTHORITY TO REVOKE COMMUNITY SUPERVISION.Only the court in which the defendant was tried may revoke thedefendant’s community supervision unless the judge has transferredjurisdiction of the case to another court under Article 42A.151.(Code Crim. Proc., Art. 42.12, Sec. 10(a) (part).)

Art.A42A.755.AAREVOCATION OF COMMUNITY SUPERVISION. (a) Ifcommunity supervision is revoked after a hearing under Article42A.751(d), the judge may:

(1)AAproceed to dispose of the case as if there had beenno community supervision; or

(2)AAif the judge determines that the best interests ofsociety and the defendant would be served by a shorter term ofconfinement, reduce the term of confinement originally assessed toany term of confinement not less than the minimum prescribed for theoffense of which the defendant was convicted.

(b)AAThe judge shall enter in the judgment in the case theamount of restitution owed by the defendant on the date ofrevocation.

(c)AAExcept as otherwise provided by Subsection (d), no partof the period that the defendant is on community supervision may beconsidered as any part of the term that the defendant is sentencedto serve.

(d)AAOn revocation, the judge shall credit to the defendanttime served as a condition of community supervision in a substanceabuse felony punishment facility operated by the Texas Departmentof Criminal Justice under Section 493.009, Government Code, orother court-ordered residential program or facility, but only ifthe defendant successfully completes the treatment program in thatfacility.

(e)AAThe right of the defendant to appeal for a review of theconviction and punishment, as provided by law, shall be accordedthe defendant at the time the defendant is placed on community

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supervision. When the defendant is notified that the defendant’scommunity supervision is revoked for a violation of the conditionsof community supervision and the defendant is called on to serve asentence in a jail or in the Texas Department of Criminal Justice,the defendant may appeal the revocation. (Code Crim. Proc.,Art.A42.12, Sec. 23.)

Art.A42A.756.AADUE DILIGENCE DEFENSE. For the purposes of ahearing under Article 42A.751(d), it is an affirmative defense torevocation for an alleged violation based on a failure to report toa supervision officer as directed or to remain within a specifiedplace that no supervision officer, peace officer, or other officerwith the power of arrest under a warrant issued by a judge for thatalleged violation contacted or attempted to contact the defendantin person at the defendant’s last known residence address or lastknown employment address, as reflected in the files of thedepartment serving the county in which the order of deferredadjudication community supervision was entered. (Code Crim. Proc.,Art. 42.12, Sec. 24 (part).)

Art.A42A.757.AAEXTENSION OF COMMUNITY SUPERVISION FORCERTAIN SEX OFFENDERS. (a) If a defendant is placed on deferredadjudication community supervision after being convicted of anoffense under Section 21.11, 22.011, or 22.021, Penal Code, at anytime during the period of community supervision, the judge mayextend the period of community supervision as provided by thisarticle.

(b)AAAt a hearing at which the defendant is provided the samerights as are provided to a defendant at a hearing under Article42A.751(d), the judge may extend the defendant ’s supervision periodfor a period not to exceed 10 additional years if the judgedetermines that:

(1)AAthe defendant has not sufficiently demonstrated acommitment to avoid future criminal behavior; and

(2)AAthe release of the defendant from supervisionwould endanger the public.

(c)AAA judge may extend a period of community supervisionunder this article only once.

(d)AAA judge may extend a period of community supervision fora defendant under both Article 42A.752(a)(2) and this article.

(e)AAThe prohibition in Article 42A.753(a) against a periodof community supervision in a felony case exceeding 10 years doesnot apply to a defendant for whom community supervision isincreased under this article or under both Article 42A.752(a)(2)and this article. (Code Crim. Proc., Art.A42.12, Sec. 22A.)

ARTICLE 2. CONFORMING AMENDMENTSSECTIONA2.01.AASections 106.06(d) and (e), Alcoholic

Beverage Code, are amended to read as follows:(d)AAA judge, acting under Chapter 42A [Article 42.12], Code

of Criminal Procedure, who places a defendant charged with anoffense under this section on community supervision under thatchapter [article] shall, if the defendant committed the offense ata gathering where participants were involved in the abuse ofalcohol, including binge drinking or forcing or coercingindividuals to consume alcohol, in addition to any other conditionimposed by the judge:

(1)AArequire the defendant to:(A)AAperform community service for not less than

20 or more than 40 hours; and(B)AAattend an alcohol awareness program approved

under Section 106.115; and(2)AAorder the Department of Public Safety to suspend

the driver’s license or permit of the defendant or, if the defendantdoes not have a driver’s license or permit, to deny the issuance ofa driver’s license or permit to the defendant for 180 days.

(e)AACommunity service ordered under Subsection (d) is inaddition to any community service ordered by the judge underArticle 42A.304 [Section 16, Article 42.12], Code of CriminalProcedure, and must be related to education about or prevention ofmisuse of alcohol if programs or services providing that educationare available in the community in which the court is located. If

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programs or services providing that education are not available,the court may order community service that the court considersappropriate for rehabilitative purposes.

SECTIONA2.02.AASection 142.002(b), Civil Practice andRemedies Code, is amended to read as follows:

(b)AAThis section does not preclude a cause of action fornegligent hiring or the failure of an employer, general contractor,premises owner, or other third party to provide adequatesupervision of an employee, if:

(1)AAthe employer, general contractor, premises owner,or other third party knew or should have known of the conviction;and

(2)AAthe employee was convicted of:(A)AAan offense that was committed while

performing duties substantially similar to those reasonablyexpected to be performed in the employment, or under conditionssubstantially similar to those reasonably expected to beencountered in the employment, taking into consideration thefactors listed in Sections 53.022 and 53.023(a), Occupations Code,without regard to whether the occupation requires a license;

(B)AAan offense listed in Article 42A.054 [Section3g, Article 42.12], Code of Criminal Procedure; or

(C)AAa sexually violent offense, as defined byArticle 62.001, Code of Criminal Procedure.

SECTIONA2.03.AASection 152.003(c), Civil Practice andRemedies Code, is amended to read as follows:

(c)AAA criminal case may not be referred to the system if thedefendant is charged with or convicted of an offense listed inArticle 42A.054(a) [Section 3g(a)(1), Article 42.12], Code ofCriminal Procedure, or convicted of an offense, the judgment forwhich contains an affirmative finding under Article 42A.054(c) or(d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.

SECTIONA2.04.AAArticle 5.08, Code of Criminal Procedure, isamended to read as follows:

Art.A5.08.AAMEDIATION IN FAMILY VIOLENCE CASES.Notwithstanding Article 26.13(g) or 42A.301(15) [Section11(a)(16), Article 42.12, of this code], in a criminal prosecutionarising from family violence, as that term is defined by Section71.004, Family Code, a court shall not refer or order the victim orthe defendant involved to mediation, dispute resolution,arbitration, or other similar procedures.

SECTIONA2.05.AAArticle 17.091, Code of Criminal Procedure,is amended to read as follows:

Art.A17.091.AANOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.Before a judge or magistrate reduces the amount of bail set for adefendant charged with an offense listed in Article 42A.054[Section 3g, Article 42.12], an offense described by Article62.001(5), or an offense under Section 20A.03, Penal Code, thejudge or magistrate shall provide:

(1)AAto the attorney representing the state, reasonablenotice of the proposed bail reduction; and

(2)AAon request of the attorney representing the stateor the defendant or the defendant ’s counsel, an opportunity for ahearing concerning the proposed bail reduction.

SECTIONA2.06.AAArticle 26.052(d)(3), Code of CriminalProcedure, is amended to read as follows:

(3)AAThe standards must require that an attorneyappointed as lead appellate counsel in the direct appeal of acapital case:

(A)AAbe a member of the State Bar of Texas;(B)AAexhibit proficiency and commitment to

providing quality representation to defendants in death penaltycases;

(C)AAhave not been found by a federal or statecourt to have rendered ineffective assistance of counsel during thetrial or appeal of any capital case, unless the local selectioncommittee determines under Subsection (n) that the conductunderlying the finding no longer accurately reflects the attorney’sability to provide effective representation;

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(D)AAhave at least five years of criminal lawexperience;

(E)AAhave authored a significant number ofappellate briefs, including appellate briefs for homicide cases andother cases involving an offense punishable as a capital felony or afelony of the first degree or an offense described by Article42A.054(a) [Section 3g(a)(1), Article 42.12];

(F)AAhave trial or appellate experience in:(i)AAthe use of and challenges to mental

health or forensic expert witnesses; and(ii)AAthe use of mitigating evidence at the

penalty phase of a death penalty trial; and(G)AAhave participated in continuing legal

education courses or other training relating to criminal defense inappealing death penalty cases.

SECTIONA2.07.AASection 3(d), Article 37.07, Code of CriminalProcedure, is amended to read as follows:

(d)AAWhen the judge assesses the punishment, the judge [he]may order a presentence [an investigative] report as contemplatedin Subchapter F, Chapter 42A, [Section 9 of Article 42.12 of thiscode] and after considering the report, and after the hearing of theevidence hereinabove provided for, the judge [he] shall forthwithannounce the judge’s [his] decision in open court as to thepunishment to be assessed.

SECTIONA2.08.AASections 4(a), (b), and (c), Article 37.07,Code of Criminal Procedure, are amended to read as follows:

(a)AAIn the penalty phase of the trial of a felony case inwhich the punishment is to be assessed by the jury rather than thecourt, if the offense of which the jury has found the defendantguilty is an offense under Section 71.02, Penal Code, other than anoffense punishable as a state jail felony under that section, anoffense under Section 71.023, Penal Code, or an offense listed inArticle 42A.054(a) [Section 3g(a)(1), Article 42.12], or if thejudgment contains an affirmative finding under Article 42A.054(c)or (d) [Section 3g(a)(2), Article 42.12], unless the defendant hasbeen convicted of an offense under Section 21.02, Penal Code, anoffense under Section 22.021, Penal Code, that is punishable underSubsection (f) of that section, or a capital felony, the court shallcharge the jury in writing as follows:

"Under the law applicable in this case, the defendant, ifsentenced to a term of imprisonment, may earn time off the period ofincarceration imposed through the award of good conduct time.Prison authorities may award good conduct time to a prisoner whoexhibits good behavior, diligence in carrying out prison workassignments, and attempts at rehabilitation. If a prisoner engagesin misconduct, prison authorities may also take away all or part ofany good conduct time earned by the prisoner.

"It is also possible that the length of time for which thedefendant will be imprisoned might be reduced by the award ofparole.

"Under the law applicable in this case, if the defendant issentenced to a term of imprisonment, the defendant will not becomeeligible for parole until the actual time served equals one-half ofthe sentence imposed or 30 years, whichever is less, withoutconsideration of any good conduct time the defendant may earn. Ifthe defendant is sentenced to a term of less than four years, thedefendant must serve at least two years before the defendant iseligible for parole. Eligibility for parole does not guaranteethat parole will be granted.

"It cannot accurately be predicted how the parole law andgood conduct time might be applied to this defendant if sentenced toa term of imprisonment, because the application of these laws willdepend on decisions made by prison and parole authorities.

"You may consider the existence of the parole law and goodconduct time. However, you are not to consider the extent to whichgood conduct time may be awarded to or forfeited by this particulardefendant. You are not to consider the manner in which the parolelaw may be applied to this particular defendant."

(b)AAIn the penalty phase of the trial of a felony case in

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which the punishment is to be assessed by the jury rather than thecourt, if the offense is punishable as a felony of the first degree,if a prior conviction has been alleged for enhancement ofpunishment as provided by Section 12.42(b), (c)(1) or (2), or (d),Penal Code, or if the offense is a felony not designated as acapital felony or a felony of the first, second, or third degree andthe maximum term of imprisonment that may be imposed for the offenseis longer than 60 years, unless the offense of which the jury hasfound the defendant guilty is an offense that is punishable underSection 21.02(h), Penal Code, or is listed in Article 42A.054(a)[Section 3g(a)(1), Article 42.12, of this code] or the judgmentcontains an affirmative finding under Article 42A.054(c) or (d)[Section 3g(a)(2), Article 42.12, of this code], the court shallcharge the jury in writing as follows:

"Under the law applicable in this case, the defendant, ifsentenced to a term of imprisonment, may earn time off the period ofincarceration imposed through the award of good conduct time.Prison authorities may award good conduct time to a prisoner whoexhibits good behavior, diligence in carrying out prison workassignments, and attempts at rehabilitation. If a prisoner engagesin misconduct, prison authorities may also take away all or part ofany good conduct time earned by the prisoner.

"It is also possible that the length of time for which thedefendant will be imprisoned might be reduced by the award ofparole.

"Under the law applicable in this case, if the defendant issentenced to a term of imprisonment, he will not become eligible forparole until the actual time served plus any good conduct timeearned equals one-fourth of the sentence imposed or 15 years,whichever is less. Eligibility for parole does not guarantee thatparole will be granted.

"It cannot accurately be predicted how the parole law andgood conduct time might be applied to this defendant if he issentenced to a term of imprisonment, because the application ofthese laws will depend on decisions made by prison and paroleauthorities.

"You may consider the existence of the parole law and goodconduct time. However, you are not to consider the extent to whichgood conduct time may be awarded to or forfeited by this particulardefendant. You are not to consider the manner in which the parolelaw may be applied to this particular defendant."

(c)AAIn the penalty phase of the trial of a felony case inwhich the punishment is to be assessed by the jury rather than thecourt, if the offense is punishable as a felony of the second orthird degree, if a prior conviction has been alleged forenhancement as provided by Section 12.42(a), Penal Code, or if theoffense is a felony not designated as a capital felony or a felonyof the first, second, or third degree and the maximum term ofimprisonment that may be imposed for the offense is 60 years orless, unless the offense of which the jury has found the defendantguilty is listed in Article 42A.054(a) [Section 3g(a)(1), Article42.12, of this code] or the judgment contains an affirmativefinding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article42.12, of this code], the court shall charge the jury in writing asfollows:

"Under the law applicable in this case, the defendant, ifsentenced to a term of imprisonment, may earn time off the period ofincarceration imposed through the award of good conduct time.Prison authorities may award good conduct time to a prisoner whoexhibits good behavior, diligence in carrying out prison workassignments, and attempts at rehabilitation. If a prisoner engagesin misconduct, prison authorities may also take away all or part ofany good conduct time earned by the prisoner.

"It is also possible that the length of time for which thedefendant will be imprisoned might be reduced by the award ofparole.

"Under the law applicable in this case, if the defendant issentenced to a term of imprisonment, he will not become eligible forparole until the actual time served plus any good conduct time

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earned equals one-fourth of the sentence imposed. Eligibility forparole does not guarantee that parole will be granted.

"It cannot accurately be predicted how the parole law andgood conduct time might be applied to this defendant if he issentenced to a term of imprisonment, because the application ofthese laws will depend on decisions made by prison and paroleauthorities.

"You may consider the existence of the parole law and goodconduct time. However, you are not to consider the extent to whichgood conduct time may be awarded to or forfeited by this particulardefendant. You are not to consider the manner in which the parolelaw may be applied to this particular defendant."

SECTIONA2.09.AASection 1, Article 38.33, Code of CriminalProcedure, is amended to read as follows:

Sec.A1.AAThe court shall order that a defendant who isconvicted of a felony or a misdemeanor offense that is punishable byconfinement in jail have a thumbprint of the defendant’s rightthumb rolled legibly on the judgment or the docket sheet in thecase. The court shall order a defendant who is placed on deferredadjudication community supervision [probation] under Subchapter C,Chapter 42A [Section 5 of Article 42.12, Code of CriminalProcedure], for an offense described by this section to have athumbprint of the defendant ’s right thumb rolled legibly on theorder placing the defendant on deferred adjudication communitysupervision [probation]. If the defendant does not have a rightthumb, the defendant must have a thumbprint of the defendant ’s leftthumb rolled legibly on the judgment, order, or docket sheet. Thedefendant must have a fingerprint of the defendant’s index fingerrolled legibly on the judgment, order, or docket sheet if thedefendant does not have a right thumb or a left thumb. Thejudgment, order, or docket sheet must contain a statement thatdescribes from which thumb or finger the print was taken, unless arolled 10-finger print set was taken. A clerk or bailiff of thecourt or other person qualified to take fingerprints shall take thethumbprint or fingerprint, either by use of the ink-rolled printmethod or by use of a live-scanning device that prints thethumbprint or fingerprint image on the judgment, order, or docketsheet.

SECTIONA2.10.AASection 1, Article 42.01, Code of CriminalProcedure, is amended to read as follows:

Sec.A1.AAA judgment is the written declaration of the courtsigned by the trial judge and entered of record showing theconviction or acquittal of the defendant. The sentence servedshall be based on the information contained in the judgment. Thejudgment shall reflect:

1.AAThe title and number of the case;2.AAThat the case was called and the parties appeared,

naming the attorney for the state, the defendant, and the attorneyfor the defendant, or, where a defendant is not represented bycounsel, that the defendant knowingly, intelligently, andvoluntarily waived the right to representation by counsel;

3.AAThe plea or pleas of the defendant to the offensecharged;

4.AAWhether the case was tried before a jury or a jurywas waived;

5.AAThe submission of the evidence, if any;6.AAIn cases tried before a jury that the jury was

charged by the court;7.AAThe verdict or verdicts of the jury or the finding

or findings of the court;8.AAIn the event of a conviction that the defendant is

adjudged guilty of the offense as found by the verdict of the juryor the finding of the court, and that the defendant be punished inaccordance with the jury’s verdict or the court ’s finding as to theproper punishment;

9.AAIn the event of conviction where death or anypunishment is assessed that the defendant be sentenced to death, aterm of confinement or community supervision, or to pay a fine, asthe case may be;

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10.AAIn the event of conviction where the imposition ofsentence is suspended and the defendant is placed on communitysupervision, setting forth the punishment assessed, the length ofcommunity supervision, and the conditions of communitysupervision;

11.AAIn the event of acquittal that the defendant bedischarged;

12.AAThe county and court in which the case was triedand, if there was a change of venue in the case, the name of thecounty in which the prosecution was originated;

13.AAThe offense or offenses for which the defendantwas convicted;

14.AAThe date of the offense or offenses and degree ofoffense for which the defendant was convicted;

15.AAThe term of sentence;16.AAThe date judgment is entered;17.AAThe date sentence is imposed;18.AAThe date sentence is to commence and any credit for

time served;19.AAThe terms of any order entered pursuant to Article

42.08 [of this code] that the defendant ’s sentence is to runcumulatively or concurrently with another sentence or sentences;

20.AAThe terms of any plea bargain;21.AAAffirmative findings entered pursuant to Article

42A.054(c) or (d) [Subdivision (2) of Subsection (a) of Section 3gof Article 42.12 of this code];

22.AAThe terms of any fee payment ordered under Article42.151 [of this code];

23.AAThe defendant ’s thumbprint taken in accordancewith Article 38.33 [of this code];

24.AAIn the event that the judge orders the defendant torepay a reward or part of a reward under Articles 37.073 and 42.152[of this code], a statement of the amount of the payment or paymentsrequired to be made;

25.AAIn the event that the court orders restitution tobe paid to the victim, a statement of the amount of restitutionordered and:

(A)AAthe name and address of a person or agencythat will accept and forward restitution payments to the victim; or

(B)AAif the court specifically elects to havepayments made directly to the crime victim, the name and permanentaddress of the victim at the time of judgment;

26.AAIn the event that a presentence investigation isrequired by Subchapter F, Chapter 42A [Section 9(a), (b), (h), or(i), Article 42.12 of this code], a statement that the presentenceinvestigation was done according to the applicable provision;

27.AAIn the event of conviction of an offense for whichregistration as a sex offender is required under Chapter 62, astatement that the registration requirement of that chapter appliesto the defendant and a statement of the age of the victim of theoffense;

28.AAThe defendant ’s state identification numberrequired by Section 60.052(a)(2), if that number has been assignedat the time of the judgment; and

29.AAThe incident number required by Section60.052(a)(4), if that number has been assigned at the time of thejudgment.

SECTIONA2.11.AAArticle 42.025(b), Code of CriminalProcedure, is amended to read as follows:

(b)AAA judge may, at a secondary school, receive a plea ofguilty or nolo contendere from a defendant charged with an offensedescribed by Subsection (a) and place the defendant on deferredadjudication under Subchapter C, Chapter 42A [Section 5, Article42.12], if:

(1)AAthe judge makes the determination that theproceeding would have educational value, as provided by Subsection(a)(1);

(2)AAthe defendant and the school agree to the locationof the proceeding, as provided by Subsections (a)(2) and (3); and

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(3)AAappropriate measures are taken in regard to thesafety of students and the rights of the defendant, as described bySubsection (a)(4).

SECTIONA2.12.AASection 2(b), Article 42.03, Code of CriminalProcedure, is amended to read as follows:

(b)AAIn all revocations of a suspension of the imposition ofa sentence the judge shall enter the restitution [or reparation]due and owing on the date of the revocation.

SECTIONA2.13.AAArticles 42.037(i) and (j), Code of CriminalProcedure, are amended to read as follows:

(i)AAIn addition to any other terms and conditions ofcommunity supervision [probation] imposed under Chapter 42A[Article 42.12], the court may require a defendant [probationer] toreimburse the compensation to victims of crime fund created underSubchapter B, Chapter 56, for any amounts paid from that fund to oron behalf of a victim of the defendant’s [probationer’s] offense.In this subsection, "victim" has the meaning assigned by Article56.32.

(j)AAThe court may order a community supervision andcorrections department to obtain information pertaining to thefactors listed in Subsection (c) [of this article]. Thesupervision [probation] officer shall include the information inthe report required under Article 42A.252(a) [Section 9(a), Article42.12, of this code] or a separate report, as the court directs.The court shall permit the defendant and the prosecuting attorneyto read the report.

SECTIONA2.14.AAArticle 42.08(a), Code of Criminal Procedure,is amended to read as follows:

(a)AAWhen the same defendant has been convicted in two ormore cases, judgment and sentence shall be pronounced in each casein the same manner as if there had been but one conviction. Exceptas provided by Subsections [Sections] (b) and (c) [of thisarticle], in the discretion of the court, the judgment in the secondand subsequent convictions may either be that the sentence imposedor suspended shall begin when the judgment and the sentence imposedor suspended in the preceding conviction has ceased to operate, orthat the sentence imposed or suspended shall run concurrently withthe other case or cases, and sentence and execution shall beaccordingly; provided, however, that the cumulative total ofsuspended sentences in felony cases shall not exceed 10 years, andthe cumulative total of suspended sentences in misdemeanor casesshall not exceed the maximum period of confinement in jailapplicable to the misdemeanor offenses, though in no event morethan three years, including extensions of periods of communitysupervision under Article 42A.752(a)(2) [Section 22, Article42.12, of this code], if none of the offenses are offenses underChapter 49, Penal Code, or four years, including extensions, if anyof the offenses are offenses under Chapter 49, Penal Code.

SECTIONA2.15.AASection 7, Article 42.09, Code of CriminalProcedure, is amended to read as follows:

Sec.A7.AAIf a defendant is sentenced to a term ofimprisonment in the Texas Department of Criminal Justice but is nottransferred to the department under Section 3 or 4, the court,before the date on which it would lose jurisdiction under Article42A.202(a) [Section 6(a), Article 42.12], shall send to thedepartment a document containing a statement of the date on whichthe defendant’s sentence was pronounced and credits earned by thedefendant under Article 42.03 as of the date of the statement.

SECTIONA2.16.AASection 8(a), Article 42.09, Code of CriminalProcedure, is amended to read as follows:

(a)AAA county that transfers a defendant to the TexasDepartment of Criminal Justice under this article shall deliver toan officer designated by the department:

(1)AAa copy of the judgment entered pursuant to Article42.01, completed on a standardized felony judgment form describedby Section 4 of that article;

(2)AAa copy of any order revoking community supervisionand imposing sentence pursuant to Article 42A.755 [Section 23,Article 42.12], including:

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(A)AAany amounts owed for restitution, fines, andcourt costs, completed on a standardized felony judgment formdescribed by Section 4, Article 42.01; and

(B)AAa copy of the client supervision planprepared for the defendant by the community supervision andcorrections department supervising the defendant, if such a planwas prepared;

(3)AAa written report that states the nature and theseriousness of each offense and that states the citation to theprovision or provisions of the Penal Code or other law under whichthe defendant was convicted;

(4)AAa copy of the victim impact statement, if one hasbeen prepared in the case under Article 56.03;

(5)AAa statement as to whether there was a change invenue in the case and, if so, the names of the county prosecutingthe offense and the county in which the case was tried;

(6)AAif requested, information regarding the criminalhistory of the defendant, including the defendant ’s stateidentification number if the number has been issued;

(7)AAa copy of the indictment or information for eachoffense;

(8)AAa checklist sent by the department to the countyand completed by the county in a manner indicating that thedocuments required by this subsection and Subsection (c) accompanythe defendant;

(9)AAif prepared, a copy of a presentence orpostsentence [investigation] report prepared under Subchapter F,Chapter 42A [Section 9, Article 42.12];

(10)AAa copy of any detainer, issued by an agency of thefederal government, that is in the possession of the county and thathas been placed on the defendant;

(11)AAif prepared, a copy of the defendant ’s TexasUniform Health Status Update Form; and

(12)AAa written description of a hold or warrant,issued by any other jurisdiction, that the county is aware of andthat has been placed on or issued for the defendant.

SECTIONA2.17.AAArticle 42.14(b), Code of Criminal Procedure,is amended to read as follows:

(b)AAIn a felony case, the judgment and sentence may berendered in the absence of the defendant only if:

(1)AAthe defendant is confined in a penal institution;(2)AAthe defendant is not charged with a felony

offense:(A)AAthat is listed in Article 42A.054(a) [Section

3g(a)(1), Article 42.12]; or(B)AAfor which it is alleged that:

(i)AAa deadly weapon was used or exhibitedduring the commission of the offense or during immediate flightfrom the commission of the offense; and

(ii)AAthe defendant used or exhibited thedeadly weapon or was a party to the offense and knew that a deadlyweapon would be used or exhibited;A

(3)AAthe defendant in writing before the appropriatecourt having jurisdiction in the county in which the penalinstitution is located:

(A)AAwaives the right to be present at therendering of the judgment and sentence or to have counsel present;

(B)AAaffirms that the defendant does not haveanything to say as to why the sentence should not be pronounced andthat there is no reason to prevent the sentence under Article 42.07;

(C)AAstates that the defendant has entered into awritten plea agreement with the attorney representing the state inthe prosecution of the case; and

(D)AArequests the court to pronounce sentence inthe case in accordance with the plea agreement;

(4)AAthe defendant and the attorney representing thestate in the prosecution of the case have entered into a writtenplea agreement that is made a part of the record in the case; and

(5)AAsentence is pronounced in accordance with the plea

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agreement.SECTIONA2.18.AAArticle 44.01(j), Code of Criminal Procedure,

is amended to read as follows:(j)AANothing in this article is to interfere with the

defendant’s right to appeal under the procedures of Article 44.02[of this code]. The defendant’s right to appeal under Article 44.02may be prosecuted by the defendant where the punishment assessed isin accordance with Subchapter C, Chapter 42A [Subsection (a),Section 3d, Article 42.12 of this code], as well as any otherpunishment assessed in compliance with Article 44.02 [of thiscode].

SECTIONA2.19.AAArticle 44.04(b), Code of Criminal Procedure,is amended to read as follows:

(b)AAThe defendant may not be released on bail pending theappeal from any felony conviction where the punishment equals orexceeds 10 years confinement or where the defendant has beenconvicted of an offense listed under Article 42A.054(a) [Section3g(a)(1), Article 42.12], but shall immediately be placed incustody and the bail discharged.

SECTIONA2.20.AAArticles 46B.073(c) and (d), Code of CriminalProcedure, as amended by S.B. No.A219, Acts of the 84thLegislature, Regular Session, 2015, are amended to read as follows:

(c)AAIf the defendant is charged with an offense listed inArticle 17.032(a), other than an offense listed in Article17.032(a)(6), or the indictment alleges an affirmative findingunder Article 42A.054(c) or (d) [Section 3g(a)(2), Article 42.12],the court shall enter an order committing the defendant to themaximum security unit of any facility designated by the Departmentof State Health Services, to an agency of the United Statesoperating a mental hospital, or to a Department of Veterans Affairshospital.

(d)AAIf the defendant is not charged with an offensedescribed by Subsection (c) and the indictment does not allege anaffirmative finding under Article 42A.054(c) or (d) [Section3g(a)(2), Article 42.12], the court shall enter an order committingthe defendant to a mental health facility or residential carefacility determined to be appropriate by the local mental healthauthority or local intellectual and developmental disabilityauthority.

SECTIONA2.21.AAArticle 46B.104, Code of Criminal Procedure,as amended by S.B. No.A219, Acts of the 84th Legislature, RegularSession, 2015, is amended to read as follows:

Art.A46B.104.AACIVIL COMMITMENT PLACEMENT: FINDING OFVIOLENCE. A defendant committed to a facility as a result ofproceedings initiated under this chapter shall be committed to themaximum security unit of any facility designated by the Departmentof State Health Services if:

(1)AAthe defendant is charged with an offense listed inArticle 17.032(a), other than an offense listed in Article17.032(a)(6); or

(2)AAthe indictment charging the offense alleges anaffirmative finding under Article 42A.054(c) or (d) [Section3g(a)(2), Article 42.12].

SECTIONA2.22.AAArticle 48.01(b), Code of Criminal Procedure,is amended to read as follows:

(b)AAThe Board of Pardons and Paroles may recommend that theGovernor grant a pardon to a person who:

(1)AAis placed on deferred adjudication communitysupervision under Subchapter C, Chapter 42A [Section 5, Article42.12], and subsequently receives a discharge and dismissal underArticle 42A.111 [Section 5(c) of that article]; and

(2)AAon or after the 10th anniversary of the date ofdischarge and dismissal, submits a written request to the board fora recommendation under this subsection.

SECTIONA2.23.AAArticles 55.01(a) and (a-1), Code of CriminalProcedure, are amended to read as follows:

(a)AAA person who has been placed under a custodial ornoncustodial arrest for commission of either a felony ormisdemeanor is entitled to have all records and files relating to

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the arrest expunged if:(1)AAthe person is tried for the offense for which the

person was arrested and is:(A)AAacquitted by the trial court, except as

provided by Subsection (c); or(B)AAconvicted and subsequently:

(i)AApardoned for a reason other than thatdescribed by Subparagraph (ii); or

(ii)AApardoned or otherwise granted reliefon the basis of actual innocence with respect to that offense, ifthe applicable pardon or court order clearly indicates on its facethat the pardon or order was granted or rendered on the basis of theperson’s actual innocence; or

(2)AAthe person has been released and the charge, ifany, has not resulted in a final conviction and is no longer pendingand there was no court-ordered community supervision under Chapter42A [Article 42.12] for the offense, unless the offense is a Class Cmisdemeanor, provided that:

(A)AAregardless of whether any statute oflimitations exists for the offense and whether any limitationsperiod for the offense has expired, an indictment or informationcharging the person with the commission of a misdemeanor offensebased on the person’s arrest or charging the person with thecommission of any felony offense arising out of the sametransaction for which the person was arrested:

(i)AAhas not been presented against theperson at any time following the arrest, and:

(a)AAat least 180 days have elapsedfrom the date of arrest if the arrest for which the expunction wassought was for an offense punishable as a Class C misdemeanor and ifthere was no felony charge arising out of the same transaction forwhich the person was arrested;

(b)AAat least one year has elapsed fromthe date of arrest if the arrest for which the expunction was soughtwas for an offense punishable as a Class B or A misdemeanor and ifthere was no felony charge arising out of the same transaction forwhich the person was arrested;

(c)AAat least three years have elapsedfrom the date of arrest if the arrest for which the expunction wassought was for an offense punishable as a felony or if there was afelony charge arising out of the same transaction for which theperson was arrested; or

(d)AAthe attorney representing thestate certifies that the applicable arrest records and files arenot needed for use in any criminal investigation or prosecution,including an investigation or prosecution of another person; or

(ii)AAif presented at any time following thearrest, was dismissed or quashed, and the court finds that theindictment or information was dismissed or quashed because theperson completed a pretrial intervention program authorized underSection 76.011, Government Code, because the presentment had beenmade because of mistake, false information, or other similar reasonindicating absence of probable cause at the time of the dismissal tobelieve the person committed the offense, or because the indictmentor information was void; or

(B)AAprosecution of the person for the offense forwhich the person was arrested is no longer possible because thelimitations period has expired.

(a-1)AANotwithstanding any other provision of this article,a person may not expunge records and files relating to an arrestthat occurs pursuant to a warrant issued under Article 42A.751(b)[Section 21, Article 42.12].

SECTIONA2.24.AAArticle 60.052(c), Code of CriminalProcedure, is amended to read as follows:

(c)AAInformation in the corrections tracking system relatingto the handling of offenders must include the following informationabout each imprisonment, confinement, or execution of an offender:

(1)AAthe date of the imprisonment or confinement;(2)AAif the offender was sentenced to death:

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(A)AAthe date of execution; and(B)AAif the death sentence was commuted, the

sentence to which the sentence of death was commuted and the date ofcommutation;

(3)AAthe date the offender was released fromimprisonment or confinement and whether the release was a dischargeor a release on parole or mandatory supervision;

(4)AAif the offender is released on parole or mandatorysupervision:

(A)AAthe offense for which the offender wasconvicted by offense code and incident number;

(B)AAthe date the offender was received by anoffice of the parole division;

(C)AAthe county in which the offender resideswhile under supervision;

(D)AAany program in which an offender is placed orhas previously been placed and the level of supervision theoffender is placed on while under the jurisdiction of the paroledivision;

(E)AAthe date a program described by Paragraph (D)begins, the date the program ends, and whether the program wascompleted successfully;

(F)AAthe date a level of supervision described byParagraph (D) begins and the date the level of supervision ends;

(G)AAif the offender’s release status is revoked,the reason for the revocation and the date of revocation;

(H)AAthe expiration date of the sentence; and(I)AAthe date of the offender ’s release from the

parole division or the date on which the offender is grantedclemency; and

(5)AAif the offender is released under Article42A.202(b) [Section 6(a), Article 42.12], the date of theoffender’s release.

SECTIONA2.25.AAArticle 60.08(e), Code of Criminal Procedure,is amended to read as follows:

(e)AAA court that orders the release of an offender underArticle 42A.202(b) [Section 6(a), Article 42.12,] at a time whenthe offender is under a bench warrant and not physically imprisonedin the Texas Department of Criminal Justice shall report therelease to the department not later than the seventh day after thedate of the release.

SECTIONA2.26.AAArticle 62.063(b), Code of CriminalProcedure, is amended to read as follows:

(b)AAA person subject to registration under this chapterbecause of a reportable conviction or adjudication for which anaffirmative finding is entered under Article 42.015(b) or42A.105(a) [Section 5(e)(2), Article 42.12], as appropriate, maynot, for compensation:

(1)AAoperate or offer to operate a bus;(2)AAprovide or offer to provide a passenger taxicab or

limousine transportation service;(3)AAprovide or offer to provide any type of service in

the residence of another person unless the provision of servicewill be supervised; or

(4)AAoperate or offer to operate any amusement ride.SECTIONA2.27.AAArticles 62.301(b) and (c), Code of Criminal

Procedure, are amended to read as follows:(b)AAA person is eligible to petition the court as described

by Subsection (a) if:(1)AAthe person is required to register only as a result

of a single reportable conviction or adjudication, other than anadjudication of delinquent conduct; and

(2)AAthe court has entered in the appropriate judgmentor has filed with the appropriate papers a statement of anaffirmative finding described by Article 42.017 or 42A.105(c)[Section 5(g), Article 42.12].

(c)AAA defendant who before September 1, 2011, is convictedof or placed on deferred adjudication community supervision for anoffense under Section 21.11 or 22.011, Penal Code, is eligible to

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petition the court as described by Subsection (a). The court mayconsider the petition only if the petition states and the courtfinds that the defendant would have been entitled to the entry of anaffirmative finding under Article 42.017 or 42A.105(c) [Section5(g), Article 42.12], as appropriate, had the conviction orplacement on deferred adjudication community supervision occurredafter September 1, 2011.

SECTIONA2.28.AAArticle 102.018(b), Code of CriminalProcedure, is amended to read as follows:

(b)AAExcept as provided by Subsection (d) [of this article],on conviction of an offense relating to the driving or operating ofa motor vehicle punishable under Section 49.04(b), Penal Code, thecourt shall impose as a cost of court on the defendant an amountthat is equal to the cost of an evaluation of the defendantperformed under Article 42A.402(a) [Section 13(a), Article 42.12,of this code]. Costs imposed under this subsection are in additionto other court costs and are due whether or not the defendant isgranted community supervision [probation] in the case, except thatif the court determines that the defendant is indigent and unable topay the cost, the court may waive the imposition of the cost.

SECTIONA2.29.AAArticle 102.020(a), Code of CriminalProcedure, is amended to read as follows:

(a)AAA person shall pay as a cost of court:(1)AA$250 on conviction of an offense listed in Section

411.1471(a)(1), Government Code;(2)AA$50 on conviction of an offense listed in Section

411.1471(a)(3) of that code; or(3)AA$34 on placement of the person on community

supervision, including deferred adjudication communitysupervision, if the person is required to submit a DNA sample underArticle 42A.352 [Section 11(j), Article 42.12].

SECTIONA2.30.AASection 37.152(f), Education Code, is amendedto read as follows:

(f)AAExcept if an offense causes the death of a student, insentencing a person convicted of an offense under this section, thecourt may require the person to perform community service, subjectto the same conditions imposed on a person placed on communitysupervision under Chapter 42A [Section 11, Article 42.12], Code ofCriminal Procedure, for an appropriate period of time in lieu ofconfinement in county jail or in lieu of a part of the time theperson is sentenced to confinement in county jail.

SECTIONA2.31.AASection 53.045(a), Family Code, is amended toread as follows:

(a)AAExcept as provided by Subsection (e), the prosecutingattorney may refer the petition to the grand jury of the county inwhich the court in which the petition is filed presides if thepetition alleges that the child engaged in delinquent conduct thatconstitutes habitual felony conduct as described by Section 51.031or that included the violation of any of the following provisions:

(1)AASection 19.02, Penal Code (murder);(2)AASection 19.03, Penal Code (capital murder);(3)AASection 19.04, Penal Code (manslaughter);(4)AASection 20.04, Penal Code (aggravated

kidnapping);(5)AASection 22.011, Penal Code (sexual assault) or

Section 22.021, Penal Code (aggravated sexual assault);(6)AASection 22.02, Penal Code (aggravated assault);(7)AASection 29.03, Penal Code (aggravated robbery);(8)AASection 22.04, Penal Code (injury to a child,

elderly individual, or disabled individual), if the offense ispunishable as a felony, other than a state jail felony;

(9)AASection 22.05(b), Penal Code (felony deadlyconduct involving discharging a firearm);

(10)AASubchapter D, Chapter 481, Health and SafetyCode, if the conduct constitutes a felony of the first degree or anaggravated controlled substance felony (certain offenses involvingcontrolled substances);

(11)AASection 15.03, Penal Code (criminalsolicitation);

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(12)AASection 21.11(a)(1), Penal Code (indecency with achild);

(13)AASection 15.031, Penal Code (criminalsolicitation of a minor);

(14)AASection 15.01, Penal Code (criminal attempt), ifthe offense attempted was an offense under Section 19.02, PenalCode (murder), or Section 19.03, Penal Code (capital murder), or anoffense listed by Article 42A.054(a) [Section 3g(a)(1), Article42.12], Code of Criminal Procedure;

(15)AASection 28.02, Penal Code (arson), if bodilyinjury or death is suffered by any person by reason of thecommission of the conduct;

(16)AASection 49.08, Penal Code (intoxicationmanslaughter); or

(17)AASection 15.02, Penal Code (criminal conspiracy),if the offense made the subject of the criminal conspiracy includesa violation of any of the provisions referenced in Subdivisions (1)through (16).

SECTIONA2.32.AASection 54.0409(a), Family Code, is amendedto read as follows:

(a)AAThis section applies only to conduct constituting thecommission of a felony:

(1)AAthat is listed in Article 42A.054(a) [Section3g(a)(1), Article 42.12], Code of Criminal Procedure; or

(2)AAfor which it is shown that a deadly weapon, asdefined by Section 1.07, Penal Code, was used or exhibited duringthe commission of the conduct or during immediate flight from thecommission of the conduct.

SECTIONA2.33.AASections 54.051(e), (e-1), (e-2), and (e-3),Family Code, are amended to read as follows:

(e)AAA district court that exercises jurisdiction over aperson transferred under Subsection (d) shall place the person oncommunity supervision under Chapter 42A [Article 42.12], Code ofCriminal Procedure, for the remainder of the person ’s probationaryperiod and under conditions consistent with those ordered by thejuvenile court.

(e-1)AAThe restrictions on a judge placing a defendant oncommunity supervision imposed by Article 42A.054 [Section 3g,Article 42.12], Code of Criminal Procedure, do not apply to a casetransferred from the juvenile court. The minimum period ofcommunity supervision imposed by Article 42A.053(d) [Section 3(b),Article 42.12], Code of Criminal Procedure, does not apply to a casetransferred from the juvenile court.

(e-2)AAIf a person who is placed on community supervisionunder this section violates a condition of that supervision or ifthe person violated a condition of probation ordered under Section54.04(q) and that probation violation was not discovered by thestate before the person’s 19th birthday, the district court shalldispose of the violation of community supervision or probation, asappropriate, in the same manner as if the court had originallyexercised jurisdiction over the case. If the judge revokescommunity supervision, the judge may reduce the prison sentence toany length without regard to the minimum term imposed by Article42A.755(a) [Section 23(a), Article 42.12], Code of CriminalProcedure.

(e-3)AAThe time that a person serves on probation orderedunder Section 54.04(q) is the same as time served on communitysupervision ordered under this section for purposes of determiningthe person’s eligibility for early discharge from communitysupervision under Article 42A.701 [Section 20, Article 42.12], Codeof Criminal Procedure.

SECTIONA2.34. Section 55.45(c), Family Code, is amended toread as follows:

(c)AAIf the referred child, as described in Subsection (b),is alleged to have committed an offense listed in Article 42A.054[Section 3g, Article 42.12], Code of Criminal Procedure, theadministrator of the residential care facility shall apply, inwriting, by certified mail, return receipt requested, to thejuvenile court that ordered commitment of the child or that

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referred the case to a court that ordered commitment of the childand show good cause for any release of the child from the facilityfor more than 48 hours. Notice of this request must be provided tothe prosecuting attorney responsible for the case. The prosecutingattorney, the juvenile, or the administrator may apply for ahearing on this application. If no one applies for a hearing, thetrial court shall resolve the application on the writtensubmission. The rules of evidence do not apply to this hearing. Anappeal of the trial court’s ruling on the application is notallowed. The release of a child described in this subsectionwithout the express approval of the trial court is punishable bycontempt.

SECTIONA2.35.AASection 76.001(2), Government Code, isamended to read as follows:

(2)AA"Community supervision" has the meaning assignedby Article 42A.001 [Section 2, Article 42.12], Code of CriminalProcedure.

SECTIONA2.36.AASection 76.015(c), Government Code, isamended to read as follows:

(c)AAA department may assess a reasonable administrative feeof not less than $25 and not more than $60 per month on an individualwho participates in a program operated by the department orreceives services from the department and who is not paying amonthly fee under Article 42A.652 [Section 19, Article 42.12], Codeof Criminal Procedure.

SECTIONA2.37.AASection 103.021, Government Code, is amendedto read as follows:

Sec.A103.021.AAADDITIONAL FEES AND COSTS IN CRIMINAL ORCIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,or a party to a civil suit, as applicable, shall pay the followingfees and costs under the Code of Criminal Procedure if ordered bythe court or otherwise required:

(1)AAa personal bond fee (Art. 17.42, Code of CriminalProcedure) .A.A. the greater of $20 or three percent of the amountof the bail fixed for the accused;

(2)AAcost of electronic monitoring as a condition ofrelease on personal bond (Art. 17.43, Code of Criminal Procedure).A.A. actual cost;

(3)AAa fee for verification of and monitoring of motorvehicle ignition interlock (Art. 17.441, Code of CriminalProcedure) .A.A. not to exceed $10;

(3-a)AAcosts associated with operating a globalpositioning monitoring system as a condition of release on bond(Art. 17.49(b)(2), Code of Criminal Procedure) .A.A. actual costs,subject to a determination of indigency;

(3-b)AAcosts associated with providing a defendant’svictim with an electronic receptor device as a condition of thedefendant’s release on bond (Art. 17.49(b)(3), Code of CriminalProcedure) .A.A. actual costs, subject to a determination ofindigency;

(4)AArepayment of reward paid by a crime stoppersorganization on conviction of a felony (Art. 37.073, Code ofCriminal Procedure) .A.A. amount ordered;

(5)AAreimbursement to general revenue fund for paymentsmade to victim of an offense as condition of community supervision(Chapter 42A [Art. 42.12], Code of Criminal Procedure) .A.A. not toexceed $50 for a misdemeanor offense or $100 for a felony offense;

(6)AApayment to a crime stoppers organization ascondition of community supervision (Chapter 42A [Art. 42.12], Codeof Criminal Procedure) .A.A. not to exceed $50;

(7)AAchildren’s advocacy center fee (Chapter 42A [Art.42.12], Code of Criminal Procedure) .A.A. not to exceed $50;

(8)AAfamily violence center fee (Chapter 42A [Art.42.12], Code of Criminal Procedure) .A.A. $100;

(9)AAcommunity supervision fee (Chapter 42A [Art.42.12], Code of Criminal Procedure) .A.A. not less than $25 or morethan $60 per month;

(10)AAadditional community supervision fee for certainoffenses (Chapter 42A [Art. 42.12], Code of Criminal Procedure)

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.A.A. $5 per month;(11)AAfor certain financially able sex offenders as a

condition of community supervision, the costs of treatment,specialized supervision, or rehabilitation (Chapter 42A [Art.42.12], Code of Criminal Procedure) .A.A. all or part of thereasonable and necessary costs of the treatment, supervision, orrehabilitation as determined by the judge;

(12)AAfee for failure to appear for trial in a justiceor municipal court if a jury trial is not waived (Art. 45.026, Codeof Criminal Procedure) .A.A. costs incurred for impaneling thejury;

(13)AAcosts of certain testing, assessments, orprograms during a deferral period (Art. 45.051, Code of CriminalProcedure) .A.A. amount ordered;

(14)AAspecial expense on dismissal of certainmisdemeanor complaints (Art. 45.051, Code of Criminal Procedure).A.A. not to exceed amount of fine assessed;

(15)AAan additional fee:(A)AAfor a copy of the defendant’s driving record

to be requested from the Department of Public Safety by the judge(Art. 45.0511(c-1), Code of Criminal Procedure) .A.A. amount equalto the sum of the fee established by Section 521.048,Transportation Code, and the state electronic Internet portal fee;

(B)AAas an administrative fee for requesting adriving safety course or a course under the motorcycle operatortraining and safety program for certain traffic offenses to coverthe cost of administering the article (Art. 45.0511(f)(1), Code ofCriminal Procedure) .A.A. not to exceed $10; or

(C)AAfor requesting a driving safety course or acourse under the motorcycle operator training and safety programbefore the final disposition of the case (Art. 45.0511(f)(2), Codeof Criminal Procedure) .A.A. not to exceed the maximum amount of thefine for the offense committed by the defendant;

(16)AAa request fee for teen court program (Art.45.052, Code of Criminal Procedure) .A.A. $20, if the courtordering the fee is located in the Texas-Louisiana border region,but otherwise not to exceed $10;

(17)AAa fee to cover costs of required duties of teencourt (Art. 45.052, Code of Criminal Procedure) .A.A. $20, if thecourt ordering the fee is located in the Texas-Louisiana borderregion, but otherwise $10;

(18)AAa mileage fee for officer performing certainservices (Art. 102.001, Code of Criminal Procedure) .A.A. $0.15 permile;

(19)AAcertified mailing of notice of hearing date (Art.102.006, Code of Criminal Procedure) .A.A. $1, plus postage;

(20)AAcertified mailing of certified copies of an orderof expunction (Art. 102.006, Code of Criminal Procedure) .A.A. $2,plus postage;

(20-a)AAa fee to defray the cost of notifying stateagencies of orders of expungement (Art. 45.0216, Code of CriminalProcedure) .A.A. $30 per application;

(20-b)AAa fee to defray the cost of notifying stateagencies of orders of expunction (Art. 45.055, Code of CriminalProcedure) .A.A. $30 per application;

(21)AAsight orders:(A)AAif the face amount of the check or sight order

does not exceed $10 (Art. 102.007, Code of Criminal Procedure).A.A. not to exceed $10;

(B)AAif the face amount of the check or sight orderis greater than $10 but does not exceed $100 (Art. 102.007, Code ofCriminal Procedure) .A.A. not to exceed $15;

(C)AAif the face amount of the check or sight orderis greater than $100 but does not exceed $300 (Art. 102.007, Code ofCriminal Procedure) .A.A. not to exceed $30;

(D)AAif the face amount of the check or sight orderis greater than $300 but does not exceed $500 (Art. 102.007, Code ofCriminal Procedure) .A.A. not to exceed $50; and

(E)AAif the face amount of the check or sight order

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is greater than $500 (Art. 102.007, Code of Criminal Procedure).A.A. not to exceed $75;

(22)AAfees for a pretrial intervention program:(A)AAa supervision fee (Art. 102.012(a), Code of

Criminal Procedure) .A.A. $60 a month plus expenses; and(B)AAa district attorney, criminal district

attorney, or county attorney administrative fee (Art. 102.0121,Code of Criminal Procedure) .A.A. not to exceed $500;

(23)AAparking fee violations for child safety fund inmunicipalities with populations:

(A)AAgreater than 850,000 (Art. 102.014, Code ofCriminal Procedure) .A.A. not less than $2 and not to exceed $5; and

(B)AAless than 850,000 (Art. 102.014, Code ofCriminal Procedure) .A.A. not to exceed $5;

(24)AAan administrative fee for collection of fines,fees, restitution, or other costs (Art. 102.072, Code of CriminalProcedure) .A.A. not to exceed $2 for each transaction; and

(25)AAa collection fee, if authorized by thecommissioners court of a county or the governing body of amunicipality, for certain debts and accounts receivable, includingunpaid fines, fees, court costs, forfeited bonds, and restitutionordered paid (Art. 103.0031, Code of Criminal Procedure) .A.A. 30percent of an amount more than 60 days past due.

SECTIONA2.38.AASection 123.001(b), Government Code, isamended to read as follows:

(b)AAIf a defendant successfully completes a drug courtprogram, regardless of whether the defendant was convicted of theoffense for which the defendant entered the program or whether thecourt deferred further proceedings without entering anadjudication of guilt, after notice to the state and a hearing onwhether the defendant is otherwise entitled to the petition andwhether issuance of the order is in the best interest of justice,the court shall enter an order of nondisclosure under Section411.081 as if the defendant had received a discharge and dismissalunder Article 42A.111 [Section 5(c), Article 42.12], Code ofCriminal Procedure, with respect to all records and files relatedto the defendant ’s arrest for the offense for which the defendantentered the program if the defendant:

(1)AAhas not been previously convicted of an offenselisted in Article 42A.054 [Section 3g, Article 42.12], Code ofCriminal Procedure, or a sexually violent offense, as defined byArticle 62.001, Code of Criminal Procedure; and

(2)AAis not convicted for any felony offense betweenthe date on which the defendant successfully completed the programand the second anniversary of that date.

SECTIONA2.39.AASection 123.008(a), Government Code, isamended to read as follows:

(a)AANotwithstanding Article 42A.304 [Sections 13 and 16,Article 42.12], Code of Criminal Procedure, to encourageparticipation in a drug court program established under thischapter, the judge or magistrate administering the program maysuspend any requirement that, as a condition of communitysupervision, a participant in the program work a specified numberof hours at a community service project or projects.

SECTIONA2.40.AASections 411.081(d) and (e), Government Code,are amended to read as follows:

(d)AANotwithstanding any other provision of this subchapter,if a person is placed on deferred adjudication communitysupervision under Subchapter C, Chapter 42A [Section 5, Article42.12], Code of Criminal Procedure, subsequently receives adischarge and dismissal under Article 42A.111 [Section 5(c),Article 42.12], and satisfies the requirements of Subsection (e),the person may petition the court that placed the defendant ondeferred adjudication for an order of nondisclosure under thissubsection. Except as provided by Subsection (e), a person maypetition the court for an order of nondisclosure regardless ofwhether the person has been previously placed on deferredadjudication community supervision for another offense. Afternotice to the state, an opportunity for a hearing, and a

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determination that the person is entitled to file the petition andissuance of the order is in the best interest of justice, the courtshall issue an order prohibiting criminal justice agencies fromdisclosing to the public criminal history record informationrelated to the offense giving rise to the deferred adjudication. Acriminal justice agency may disclose criminal history recordinformation that is the subject of the order only to other criminaljustice agencies[,] for criminal justice or regulatory licensingpurposes, an agency or entity listed in Subsection (i), or theperson who is the subject of the order. A person may petition thecourt that placed the person on deferred adjudication for an orderof nondisclosure only on or after:

(1)AAthe discharge and dismissal, if the offense forwhich the person was placed on deferred adjudication was amisdemeanor other than a misdemeanor described by Subdivision (2);

(2)AAthe second anniversary of the discharge anddismissal, if the offense for which the person was placed ondeferred adjudication was a misdemeanor under Chapter 20, 21, 22,25, 42, or 46, Penal Code; or

(3)AAthe fifth anniversary of the discharge anddismissal, if the offense for which the person was placed ondeferred adjudication was a felony.

(e)AAA person is entitled to petition the court underSubsection (d) only if during the period of the deferredadjudication community supervision for which the order ofnondisclosure is requested and during the applicable perioddescribed by Subsection (d)(1), (2), or (3), as appropriate, theperson is not convicted of or placed on deferred adjudicationcommunity supervision under Subchapter C, Chapter 42A [Section 5,Article 42.12], Code of Criminal Procedure, for any offense otherthan an offense under the Transportation Code punishable by fineonly. A person is not entitled to petition the court underSubsection (d) if the person was placed on the deferredadjudication community supervision for or has been previouslyconvicted or placed on any other deferred adjudication for:

(1)AAan offense requiring registration as a sexoffender under Chapter 62, Code of Criminal Procedure;

(2)AAan offense under Section 20.04, Penal Code,regardless of whether the offense is a reportable conviction oradjudication for purposes of Chapter 62, Code of CriminalProcedure;

(3)AAan offense under Section 19.02, 19.03, 22.04,22.041, 25.07, 25.072, or 42.072, Penal Code; or

(4)AAany other offense involving family violence, asdefined by Section 71.004, Family Code.

SECTIONA2.41.AASection 411.145(c), Government Code, isamended to read as follows:

(c)AAA fee collected under this section shall be deposited inthe state treasury to the credit of the state highway fund, andmoney deposited to the state highway fund under this section andunder Chapter 42A [Articles 42.12] and Article 102.020(h), Code ofCriminal Procedure, may be used only to defray the cost ofadministering this subchapter and Section 411.0205.

SECTIONA2.42.AASection 414.010(a), Government Code, isamended to read as follows:

(a)AAExcept as provided by Subsection (d), a crime stoppersorganization certified by the council to receive money in the formof payments from defendants placed on community supervision underChapter 42A [Article 42.12], Code of Criminal Procedure, or moneyin the form of repayments of rewards under Articles 37.073 and42.152, Code of Criminal Procedure, may use not more than 20 percentof the money annually received to pay costs incurred inadministering the organization and shall use the remainder of themoney, including any interest earned on the money, only to rewardpersons who report information concerning criminal activity. Notlater than January 31 of each year, a crime stoppers organizationthat receives or expends money under this section shall file adetailed report with the council.

SECTIONA2.43.AASections 414.011(a) and (b), Government Code,

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are amended to read as follows:(a)AAThe council shall, on application by a crime stoppers

organization, determine whether the organization is qualified toreceive repayments of rewards under Articles 37.073 and 42.152,Code of Criminal Procedure, or payments from a defendant underChapter 42A [Article 42.12], Code of Criminal Procedure. Thecouncil shall certify a crime stoppers organization to receivethose repayments or payments if, considering the organization,continuity, leadership, community support, and general conduct ofthe crime stoppers organization, the council determines that therepayments or payments will be spent to further the crimeprevention purposes of the organization.

(b)AAEach crime stoppers organization certified by thecouncil to receive repayments under Articles 37.073 and 42.152,Code of Criminal Procedure, or payments from a defendant underChapter 42A [Article 42.12], Code of Criminal Procedure, is subjectto a review or audit, including financial and programmatic reviewsor audits, of finances or programs at the direction of the criminaljustice division of the governor ’s office or its designee. A copyof the review or audit report shall be submitted to the criminaljustice division.

SECTIONA2.44.AASection 420.008(b), Government Code, isamended to read as follows:

(b)AAThe fund consists of fees collected under:(1)AAArticle 42A.653(a) [Section 19(e), Article

42.12], Code of Criminal Procedure;(2)AASection 508.189, Government Code; and(3)AASubchapter B, Chapter 102, Business & Commerce

Code, and deposited under Section 102.054.SECTIONA2.45.AASections 420.014(a) and (e), Government Code,

are amended to read as follows:(a)AAIf the attorney general reasonably believes that a court

or a community supervision office has not properly assessed or madea reasonable effort to collect costs due under Chapter 42A [Article42.12 or 42.18], Code of Criminal Procedure, or Chapter 508,Government Code, the attorney general shall send a warning letterto the court or the governing body of the governmental unit in whichthe court is located.

(e)AAIf the attorney general finds from available evidencethat a court or a community supervision office has not properlyassessed or made a reasonable effort to collect costs due underChapter 42A [Article 42.12 or 42.18], Code of Criminal Procedure,or Chapter 508, Government Code, the attorney general may:

(1)AArefuse to award grants under this subchapter toresidents of the jurisdiction served by the court or communitysupervision office; or

(2)AAin the case of a court, notify the State Commissionon Judicial Conduct of the findings.

SECTIONA2.46.AASections 493.009(a), (a-1), (b), (c), (d),(e), (g), (h), (k), and (q), Government Code, are amended to read asfollows:

(a)AAThe department shall establish a program to confine andtreat:

(1)AAdefendants required to participate in the programunder Article 42A.303 [Section 14, Article 42.12], Code of CriminalProcedure; and

(2)AAindividuals referred for treatment as part of adrug court program established under Chapter 123 or a similarprogram created under other law.

(a-1)AAThe board by rule may modify requirements imposed bythis section and Chapter 42A [Article 42.12], Code of CriminalProcedure, as necessary to properly treat individuals who are notparticipating in the program as a condition of communitysupervision.

(b)AAThe board shall adopt criteria to determine thesuitability of candidates for participation in the program. Thedepartment and the Department of State Health Services [TexasCommission on Alcohol and Drug Abuse] shall jointly develop methodsof screening and assessing defendants required to participate in

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the program under Article 42A.303 [Section 14, Article 42.12], Codeof Criminal Procedure, to determine their need for specific typesof treatment for alcohol or drug abuse problems.

(c)AAThe program for persons required to participate in theprogram under Article 42A.303 [Section 14, Article 42.12], Code ofCriminal Procedure, must consist of treatment programs that mayvary in time from 90 days to 12 months.

(d)AAThe program for persons required to participate in theprogram under Article 42A.303 [Section 14, Article 42.12], Code ofCriminal Procedure, provided under this section must contain highlystructured work, education, and treatment schedules, a clearlydelineated authority structure, and well-defined goals andguidelines. The department shall establish a graded system ofrewards and sanctions for defendants who participate in theprogram, but a defendant required to participate in the programunder Article 42A.303 [Section 14, Article 42.12], Code of CriminalProcedure, is not entitled to earn awards of time for good conduct.A qualified professional, at least every 60 days, must perform anevaluation on a defendant that determines the defendant ’s treatmentprogress and institutional behavior. Not later than three daysafter the date on which a four-month evaluation is performed, thequalified professional shall establish a tentative release date forthe defendant, notify the sentencing court of that fact, andinclude with the notice a copy of the four-month evaluation. Thequalified professional immediately shall notify the court if theprofessional determines the defendant’s conduct requires arevision of the tentative release date.

(e)AAThe department shall employ or contract with qualifiedprofessionals to implement the program for persons required toparticipate in the program under Article 42A.303 [Section 14,Article 42.12], Code of Criminal Procedure. For purposes of thissubsection, a "qualified professional" is a person who:

(1)AAis a licensed chemical dependency counselor;(2)AAis a licensed social worker who has at least two

years of experience in chemical dependency counseling; or(3)AAis a licensed professional counselor, physician,

or psychologist and who has at least two years of experience inchemical dependency counseling.

(g)AAThe department shall provide beds for the purpose ofoperating the program for persons required to participate in theprogram under Article 42A.303 [Section 14, Article 42.12], Code ofCriminal Procedure, [as amended by Chapter 900, Acts of the 73rdLegislature, Regular Session, 1993,] except that the beds may alsobe used to house the following categories of persons:

(1)AApersons transferred under Subchapter A, Chapter499, and Section 508.118;

(2)AApersons whose community supervision or parole hasbeen modified;

(3)AAdefendants confined in county jails awaitingtransfer to the institutional division; and

(4)AAinmates participating in the program described bySection 501.0931.

(h)AAOn and after the date persons are required under Article42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, toparticipate in the program established under this section, thedepartment shall give priority to housing those persons over thecategories of persons described by Subsections (g)(1)-(4).

(k)AAIt is the intent of the legislature that facilitiesestablished under this section be used primarily to house personsrequired to participate in the program under Article 42A.303[Section 14, Article 42.12], Code of Criminal Procedure, exceptthat if treatment beds are empty, this subsection does not prohibitthe department from using those empty beds to treat the categoriesof persons listed in Subsection (g).

(q)AAThe department not less often than every two years shalldetermine whether the department should increase the number of bedsprovided by the department for the operation of the program forpersons required to participate in the program under Article42A.303 [Section 14, Article 42.12], Code of Criminal Procedure[,

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as amended by Chapter 900, Acts of the 73rd Legislature, RegularSession, 1993].

SECTIONA2.47.AASections 493.009(f)(1) and (3), GovernmentCode, are amended to read as follows:

(f)(1)AAThe department shall adopt rules of conduct forpersons required to participate in the program under Article42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, orrequired to participate in the program following modification ofcommunity supervision or parole.

(3)AAThe department, immediately on receiving notice,shall request the sentencing court to reassume custody of thedefendant if the defendant was required to participate in theprogram under Article 42A.303 [Section 14, Article 42.12], Code ofCriminal Procedure, or required to participate in the programfollowing modification of community supervision. The court shallreassume custody before the 12th day after the date on which thedepartment notifies the court. If the court revokes thedefendant’s community supervision, the admission of the defendantto the institutional division is an admission for which thedepartment must account in the scheduled admissions policyestablished under Section 499.071.

SECTIONA2.48.AASection 493.017(a), Government Code, isamended to read as follows:

(a)AAA sex offender correction program that providescounseling sessions for a sex offender under Article 42A.453[Section 13B, Article 42.12], Code of Criminal Procedure, shallreport to the community supervision and corrections departmentofficer supervising the offender, not later than the 15th day ofeach month, the following information about the offender:

(1)AAthe total number of counseling sessions attendedby the sex offender during the preceding month; and

(2)AAif during the preceding month the sex offenderterminates participation in the program before completingcounseling, the reason for the sex offender’s termination ofcounseling.

SECTIONA2.49.AASection 499.027(b), Government Code, isamended to read as follows:

(b)AAAn inmate is not eligible under this subchapter to beconsidered for release to intensive supervision parole if:

(1)AAthe inmate is awaiting transfer to theinstitutional division, or serving a sentence, for an offense forwhich the judgment contains an affirmative finding under Article42A.054(c) or (d) [Section 3g(a)(2), Article 42.12], Code ofCriminal Procedure;

(2)AAthe inmate is awaiting transfer to theinstitutional division, or serving a sentence, for an offenselisted in one of the following sections of the Penal Code:

(A)AASection 19.02 (murder);(B)AASection 19.03 (capital murder);(C)AASection 19.04 (manslaughter);(D)AASection 20.03 (kidnapping);(E)AASection 20.04 (aggravated kidnapping);(F)AASection 21.11 (indecency with a child);(G)AASection 22.011 (sexual assault);(H)AASection 22.02 (aggravated assault);(I)AASection 22.021 (aggravated sexual assault);(J)AASection 22.04 (injury to a child, elderly

individual, or disabled individual);(K)AASection 25.02 (prohibited sexual conduct);(L)AASection 25.08 (sale or purchase of a child);(M)AASection 28.02 (arson);(N)AASection 29.02 (robbery);(O)AASection 29.03 (aggravated robbery);(P)AASection 30.02 (burglary), if the offense is

punished as a first-degree felony under that section;(Q)AASection 43.04 (aggravated promotion of

prostitution);(R)AASection 43.05 (compelling prostitution);(S)AASection 43.24 (sale, distribution, or

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display of harmful material to minor);(T)AASection 43.25 (sexual performance by a

child);(U)AASection 46.10 (deadly weapon in penal

institution);(V)AASection 15.01 (criminal attempt), if the

offense attempted is listed in this subsection;(W)AASection 15.02 (criminal conspiracy), if the

offense that is the subject of the conspiracy is listed in thissubsection;

(X)AASection 15.03 (criminal solicitation), ifthe offense solicited is listed in this subsection;

(Y)AASection 21.02 (continuous sexual abuse ofyoung child or children);

(Z)AASection 20A.02 (trafficking of persons); or(AA)AASection 20A.03 (continuous trafficking of

persons); or(3)AAthe inmate is awaiting transfer to the

institutional division, or serving a sentence, for an offense underChapter 481, Health and Safety Code, punishable by a minimum term ofimprisonment or a maximum fine that is greater than the minimum termof imprisonment or the maximum fine for a first degree felony.

SECTIONA2.50.AASection 499.053(d), Government Code, isamended to read as follows:

(d)AAA person transferred from the Texas Juvenile JusticeDepartment for the offense of capital murder shall become eligiblefor parole as provided in Section 508.145(d) for an offense listedin Article 42A.054 [Section 3g, Article 42.12], Code of CriminalProcedure, or an offense for which a deadly weapon finding has beenmade.

SECTIONA2.51.AASection 508.145(d), Government Code, isamended to read as follows:

(d)(1)AAThis subsection applies only to an [An] inmate who isserving a sentence for:

(A)AAan offense described by Article 42A.054(a)[Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), (K),(L), (M), or (N), Article 42.12], Code of Criminal Procedure, otherthan an offense under Section 19.03, Penal Code;

(B)AAan offense for which the judgment contains anaffirmative finding under Article 42A.054(c) or (d), Code ofCriminal Procedure;

(C)AA[Section 3g(a)(2) of that article,] anoffense under Section 20A.03, Penal Code;[,] or

(D)AAan offense under Section 71.02 or 71.023,Penal Code.

(2)AAAn inmate described by Subdivision (1) [,] is noteligible for release on parole until the inmate ’s actual calendartime served, without consideration of good conduct time, equalsone-half of the sentence or 30 calendar years, whichever is less,but in no event is the inmate eligible for release on parole in lessthan two calendar years.

(3)A[(2)]AANotwithstanding Subdivision (2) [(1)], aninmate who is serving a sentence for an offense under Section22.021, Penal Code [described by Section 3g(a)(1)(E), Article42.12, Code of Criminal Procedure], is not eligible for release onparole if the inmate is serving a sentence for an offense for whichpunishment was enhanced under Section 12.42(c)(4), Penal Code.

SECTIONA2.52.AASections 508.146(a) and (f), Government Code,are amended to read as follows:

(a)AAAn inmate other than an inmate who is serving a sentenceof death or life without parole may be released on medicallyrecommended intensive supervision on a date designated by a parolepanel described by Subsection (e), except that an inmate with aninstant offense that is an offense described in Article 42A.054[Section 3g, Article 42.12], Code of Criminal Procedure, or aninmate who has a reportable conviction or adjudication underChapter 62, Code of Criminal Procedure, may only be considered if amedical condition of terminal illness or long-term care has beendiagnosed by a physician, if:

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(1)AAthe Texas Correctional Office on Offenders withMedical or Mental Impairments, in cooperation with the CorrectionalManaged Health Care Committee, identifies the inmate as being:

(A)AAa person who is elderly or terminally ill, aperson with mental illness, an intellectual disability, or aphysical disability, [physically disabled, mentally ill,terminally ill, or mentally retarded] or a person who has [having] acondition requiring long-term care, if the inmate is an inmate withan instant offense that is described in Article 42A.054 [Section3g, Article 42.12], Code of Criminal Procedure; or

(B)AAin a persistent vegetative state or being aperson with an organic brain syndrome with significant to totalmobility impairment, if the inmate is an inmate who has a reportableconviction or adjudication under Chapter 62, Code of CriminalProcedure;

(2)AAthe parole panel determines that, based on theinmate’s condition and a medical evaluation, the inmate does notconstitute a threat to public safety; and

(3)AAthe Texas Correctional Office on Offenders withMedical or Mental Impairments, in cooperation with the pardons andparoles division, has prepared for the inmate a medicallyrecommended intensive supervision plan that requires the inmate tosubmit to electronic monitoring, places the inmate onsuper-intensive supervision, or otherwise ensures appropriatesupervision of the inmate.

(f)AAAn inmate who is not a citizen of the United States, asdefined by federal law, who is not under a sentence of death or lifewithout parole, and who does not have a reportable conviction oradjudication under Chapter 62, Code of Criminal Procedure, or aninstant offense described in Article 42A.054 [Section 3g, Article42.12], Code of Criminal Procedure, may be released to immigrationauthorities pending deportation on a date designated by a parolepanel described by Subsection (e) if the parole panel determinesthat on release the inmate would be deported to another country andthat the inmate does not constitute a threat to public safety in theother country or this country and is unlikely to reenter thiscountry illegally.

SECTIONA2.53.AASection 508.149(a), Government Code, isamended to read as follows:

(a)AAAn inmate may not be released to mandatory supervisionif the inmate is serving a sentence for or has been previouslyconvicted of:

(1)AAan offense for which the judgment contains anaffirmative finding under Article 42A.054(c) or (d) [Section3g(a)(2), Article 42.12], Code of Criminal Procedure;

(2)AAa first degree felony or a second degree felonyunder Section 19.02, Penal Code;

(3)AAa capital felony under Section 19.03, Penal Code;(4)AAa first degree felony or a second degree felony

under Section 20.04, Penal Code;(5)AAan offense under Section 21.11, Penal Code;(6)AAa felony under Section 22.011, Penal Code;(7)AAa first degree felony or a second degree felony

under Section 22.02, Penal Code;(8)AAa first degree felony under Section 22.021, Penal

Code;(9)AAa first degree felony under Section 22.04, Penal

Code;(10)AAa first degree felony under Section 28.02, Penal

Code;(11)AAa second degree felony under Section 29.02, Penal

Code;(12)AAa first degree felony under Section 29.03, Penal

Code;(13)AAa first degree felony under Section 30.02, Penal

Code;(14)AAa felony for which the punishment is increased

under Section 481.134 or Section 481.140, Health and Safety Code;(15)AAan offense under Section 43.25, Penal Code;

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(16)AAan offense under Section 21.02, Penal Code;(17)AAa first degree felony under Section 15.03, Penal

Code;(18)AAan offense under Section 43.05, Penal Code;(19)AAan offense under Section 20A.02, Penal Code;(20)AAan offense under Section 20A.03, Penal Code; or(21)AAa first degree felony under Section 71.02 or

71.023, Penal Code.SECTIONA2.54.AASection 508.151(a), Government Code, is

amended to read as follows:(a)AAFor the purpose of diverting inmates to halfway houses

under Section 508.118, a parole panel, after reviewing allavailable pertinent information, may designate a presumptiveparole date for an inmate who:

(1)AAhas never been convicted of an offense listedunder Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code ofCriminal Procedure, or an offense under Section 20A.03 or 21.02,Penal Code; and

(2)AAhas never had a conviction with a judgment thatcontains an affirmative finding under Article 42A.054(c) or (d)[Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.

SECTIONA2.55.AASection 508.221, Government Code, is amendedto read as follows:

Sec.A508.221.AACONDITIONS PERMITTED GENERALLY. A parolepanel may impose as a condition of parole or mandatory supervisionany condition that a court may impose on a defendant placed oncommunity supervision under Chapter 42A [Article 42.12], Code ofCriminal Procedure, including the condition that a releasee submitto testing for controlled substances or submit to electronicmonitoring if the parole panel determines that without testing forcontrolled substances or participation in an electronic monitoringprogram the inmate would not be released on parole.

SECTIONA2.56.AASection 508.225(a), Government Code, isamended to read as follows:

(a)AAIf the nature of the offense for which an inmate isserving a sentence warrants the establishment of a child safetyzone, a parole panel may establish a child safety zone applicable toan inmate serving a sentence for an offense listed in Article42A.054(a) [Section 3g(a)(1), Article 42.12], Code of CriminalProcedure, or for which the judgment contains an affirmativefinding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article42.12], Code of Criminal Procedure, by requiring as a condition ofparole or release to mandatory supervision that the inmate not:

(1)AAsupervise or participate in any program thatincludes as participants or recipients persons who are 17 years ofage or younger and that regularly provides athletic, civic, orcultural activities; or

(2)AAgo in or on, or within a distance specified by thepanel of, a premises where children commonly gather, including aschool, day-care facility, playground, public or private youthcenter, public swimming pool, or video arcade facility.

SECTIONA2.57.AASection 509.0071(b), Government Code, isamended to read as follows:

(b)AAA commitment reduction plan submitted under thissection may contain a request for additional state funding in themanner described by Subsection (e). A commitment reduction planmust contain:

(1)AAa target number by which the county or countiesserved by the department or regional partnership of departmentswill, relative to the number of individuals committed in thepreceding state fiscal year from the county or counties to the TexasDepartment of Criminal Justice for offenses not listed in ordescribed by Article 42A.054 [Section 3g, Article 42.12], Code ofCriminal Procedure, reduce that number in the fiscal year for whichthe commitment reduction plan is submitted by reducing the numberof:

(A)AAdirect sentencing commitments;(B)AAcommunity supervision revocations; or(C)AAdirect sentencing commitments and community

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supervision revocations;(2)AAa calculation, based on the most recent Criminal

Justice Uniform Cost Report published by the Legislative BudgetBoard, of the savings to the state that will result from the countyor counties reaching the target number described by Subdivision(1);

(3)AAan explanation of the programs and services thedepartment or regional partnership of departments intends toprovide using any funding received under Subsection (e)(1),including any programs or services designed to enhance publicsafety, reduce recidivism, strengthen the investigation andprosecution of criminal offenses, improve programs and servicesavailable to victims of crime, and increase the amount ofrestitution collected from persons supervised by the department orregional partnership of departments;

(4)AAa pledge by the department or regional partnershipof departments to provide accurate data to the division at the timeand in the manner required by the division;

(5)AAa pledge to repay to the state, not later than the30th day after the last day of the state fiscal year in which thelump-sum award is made, a percentage of the lump sum received underSubsection (e)(1) that is equal to the percentage by which thecounty or counties fail to reach the target number described bySubdivision (1), if the county or counties do not reach that targetnumber; and

(6)AAif the commitment reduction plan is submitted by aregional partnership of departments, an agreement and plan for thereceipt, division, and administration of any funding received underSubsection (e).

SECTIONA2.58.AASection 509.015, Government Code, is amendedto read as follows:

Sec.A509.015.AATREATMENT STANDARDS FOR CERTAIN STATE JAILFELONIES. The division shall propose and the board shall adopt bestpractices standards for substance abuse treatment conditionsimposed under Article 42A.554(c) [Section 15(c)(2), Article42.12], Code of Criminal Procedure.

SECTIONA2.59.AASection 509.017, Government Code, is amendedto read as follows:

Sec.A509.017.AASPECIAL ALLOCATION FOR CERTAIN DEFENDANTSPLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION. Notwithstandingany other provision of this chapter, the Texas Department ofCriminal Justice shall adopt policies and procedures to:

(1)AAdetermine the cost savings to the Texas Departmentof Criminal Justice realized through the release of defendants oncommunity supervision under Article 42A.551(d)(2)(B) [Section15(a)(2)(B)(ii), Article 42.12], Code of Criminal Procedure; and

(2)AAprovide 30 percent of that cost savings to thedivision to be allocated to individual departments and used for thesame purpose that state aid is used under Section 509.011.

SECTIONA2.60.AASection 557.001(c), Government Code, isamended to read as follows:

(c)AAA person convicted of an offense under this section maynot receive community supervision [probation] under Chapter 42A[Article 42.12], Code of Criminal Procedure.

SECTIONA2.61.AASection 772.0071(a)(1), Government Code, isamended to read as follows:

(1)AA"Border crime" means any crime that occurs in theborder region and that undermines public safety or security,including an offense:

(A)AAduring the prosecution of which anaffirmative finding may be requested under Article 42A.054(c) or(d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure;

(B)AAunder Chapter 19, 20, 20A, 46, or 71, PenalCode;

(C)AAunder Title 7 or 8, Penal Code;(D)AAunder Chapter 481, Health and Safety Code;(E)AAcommitted by a person who is not a citizen or

national of the United States and is not lawfully present in theUnited States; or

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(F)AAthat is coordinated with or related toactivities or crimes that occur or are committed in the UnitedMexican States.

SECTIONA2.62.AASection 2001.221, Government Code, is amendedto read as follows:

Sec.A2001.221.AADRIVER’S LICENSES. This chapter does notapply to a suspension, revocation, cancellation, denial, ordisqualification of a driver’s license or commercial driver’slicense as authorized by:

(1)AASubchapter N, Chapter 521, Transportation Code,except Sections 521.304 and 521.305 of that subchapter, or bySubchapter O or P of that chapter;

(2)AAChapter 522, Transportation Code;(3)AAChapter 601, Transportation Code; or(4)AAArticle 42A.406 or 42A.407 [Section 13, Article

42.12], Code of Criminal Procedure.SECTIONA2.63.AASection 2002.023, Government Code, is amended

to read as follows:Sec.A2002.023.AAEXCEPTIONS. This subchapter does not apply

to:(1)AAa suspension, revocation, cancellation, denial,

or disqualification of a driver ’s license or commercial driver ’slicense as authorized by:

(A)AASubchapter N, Chapter 521, TransportationCode, except Sections 521.304 and 521.305 of that subchapter, or bySubchapter O or P of that chapter;

(B)AAChapter 522, Transportation Code;(C)AAChapter 601, Transportation Code;(D)AAChapter 724, Transportation Code; or(E)AAArticle 42A.406 or 42A.407 [Section 13,

Article 42.12], Code of Criminal Procedure;(2)AAmatters related solely to the internal personnel

rules and practices of a state agency;(3)AAthe Texas Workforce Commission, other than to

matters of unemployment insurance maintained by the commission; or(4)AAa rule or internal procedure of the Texas

Department of Criminal Justice or Texas Board of Criminal Justicethat applies to an inmate or any other person under the custody orcontrol of the department or to an action taken under that rule orprocedure.

SECTIONA2.64.AASection 81.093(b), Health and Safety Code, isamended to read as follows:

(b)AAThe court shall order that a presentence[presentencing] report be prepared under Subchapter F, Chapter 42A[Section 9, Article 42.12], Code of Criminal Procedure, todetermine if a person convicted of an offense under Chapter 481(Texas Controlled Substances Act) or under Sections 485.031 through485.035 should be subject to Section 81.083 and Subchapter G.

SECTIONA2.65.AASection 169.001(b), Health and Safety Code,is amended to read as follows:

(b)AAIf a defendant successfully completes a first offenderprostitution prevention program, regardless of whether thedefendant was convicted of the offense for which the defendantentered the program or whether the court deferred furtherproceedings without entering an adjudication of guilt, after noticeto the state and a hearing on whether the defendant is otherwiseentitled to the petition, including whether the required timeperiod has elapsed, and whether issuance of the order is in the bestinterest of justice, the court shall enter an order ofnondisclosure under Section 411.081, Government Code, as if thedefendant had received a discharge and dismissal under Article42A.111 [Section 5(c), Article 42.12], Code of Criminal Procedure,with respect to all records and files related to the defendant’sarrest for the offense for which the defendant entered the programif the defendant:

(1)AAhas not been previously convicted of a felonyoffense; and

(2)AAis not convicted of any other felony offensebefore the second anniversary of the defendant’s successful

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completion of the program.SECTIONA2.66.AASection 169.002(b), Health and Safety Code,

is amended to read as follows:(b)AAA defendant is eligible to participate in a first

offender prostitution prevention program established under thischapter only if:

(1)AAthe attorney representing the state consents tothe defendant ’s participation in the program; and

(2)AAthe court in which the criminal case is pendingfinds that the defendant has not been previously convicted of:

(A)AAan offense under Section 20A.02, 43.02,43.03, 43.04, or 43.05, Penal Code;

(B)AAan offense listed in Article 42A.054(a)[Section 3g(a)(1), Article 42.12], Code of Criminal Procedure; or

(C)AAan offense punishable as a felony underChapter 481.

SECTIONA2.67.AASection 169A.001(b), Health and Safety Code,is amended to read as follows:

(b)AAIf a defendant successfully completes a prostitutionprevention program, regardless of whether the defendant wasconvicted of the offense for which the defendant entered theprogram or whether the court deferred further proceedings withoutentering an adjudication of guilt, after notice to the state and ahearing on whether the defendant is otherwise entitled to thepetition, including whether the required time has elapsed, andwhether issuance of the order is in the best interest of justice,the court shall enter an order of nondisclosure under Section411.081, Government Code, as if the defendant had received adischarge and dismissal under Article 42A.111 [Section 5(c),Article 42.12], Code of Criminal Procedure, with respect to allrecords and files related to the defendant’s arrest for the offensefor which the defendant entered the program.

SECTIONA2.68.AASection 250.006(d), Health and Safety Code,is amended to read as follows:

(d)AAFor purposes of this section, a person who is placed ondeferred adjudication community supervision for an offense listedin this section, successfully completes the period of deferredadjudication community supervision, and receives a dismissal anddischarge in accordance with Article 42A.111 [Section 5(c), Article42.12], Code of Criminal Procedure, is not considered convicted ofthe offense for which the person received deferred adjudicationcommunity supervision.

SECTIONA2.69.AASection 534.053(c), Health and Safety Code,is amended to read as follows:

(c)AATo the extent that resources are available, thedepartment shall:

(1)AAensure that the services listed in this sectionare available for children, including adolescents, as well asadults, in each service area;

(2)AAemphasize early intervention services forchildren, including adolescents, who meet the department’sdefinition of being at high risk of developing severe emotionaldisturbances or severe mental illnesses; and

(3)AAensure that services listed in this section areavailable for defendants required to submit to mental healthtreatment under Article 17.032, 42A.104, or 42A.506 [Section 5(a)or 11(d), Article 42.12], Code of Criminal Procedure.

SECTIONA2.70.AASection 614.0032(a), Health and Safety Code,is amended to read as follows:

(a)AAThe office shall:(1)AAperform duties imposed on the office by Section

508.146, Government Code; and(2)AAperiodically identify state jail felony

defendants suitable for release under Article 42A.561 [Section15(i), Article 42.12], Code of Criminal Procedure, and performother duties imposed on the office by that article [section].

SECTIONA2.71.AASection 773.0614(c), Health and Safety Code,is amended to read as follows:

(c)AAA certificate holder’s certificate shall be revoked if

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the certificate holder has been convicted of or placed on deferredadjudication community supervision or deferred disposition for:

(1)AAan offense listed in Article 42A.054(a)(2), (3),(4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A) through(H), Article 42.12], Code of Criminal Procedure; or

(2)AAan offense, other than an offense described bySubdivision (1), committed on or after September 1, 2009, for whichthe person is subject to registration under Chapter 62, Code ofCriminal Procedure.

SECTIONA2.72.AASection 773.06141(a), Health and Safety Code,as amended by S.B. No.A219, Acts of the 84th Legislature, RegularSession, 2015, is amended to read as follows:

(a)AAThe department may suspend, revoke, or deny an emergencymedical services provider license on the grounds that theprovider’s administrator of record, employee, or otherrepresentative:

(1)AAhas been convicted of, or placed on deferredadjudication community supervision or deferred disposition for, anoffense that directly relates to the duties and responsibilities ofthe administrator, employee, or representative, other than anoffense for which points are assigned under Section 708.052,Transportation Code;

(2)AAhas been convicted of or placed on deferredadjudication community supervision or deferred disposition for anoffense, including:

(A)AAan offense listed in Article 42A.054(a)(2),(3), (4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A)through (H), Article 42.12], Code of Criminal Procedure; or

(B)AAan offense, other than an offense describedby Subdivision (1), for which the person is subject to registrationunder Chapter 62, Code of Criminal Procedure; or

(3)AAhas been convicted of Medicare or Medicaid fraud,has been excluded from participation in the state Medicaid program,or has a hold on payment for reimbursement under the state Medicaidprogram under Subchapter C, Chapter 531, Government Code.

SECTIONA2.73.AASection 841.082(a), Health and Safety Code,is amended to read as follows:

(a)AABefore entering an order directing a person’soutpatient civil commitment, the judge shall impose on the personrequirements necessary to ensure the person’s compliance withtreatment and supervision and to protect the community. Therequirements shall include:

(1)AArequiring the person to reside in a Texasresidential facility under contract with the office or at anotherlocation or facility approved by the office;

(2)AAprohibiting the person’s contact with a victim orpotential victim of the person;

(3)AAprohibiting the person’s possession or use ofalcohol, inhalants, or a controlled substance;

(4)AArequiring the person’s participation in andcompliance with a specific course of treatment provided by theoffice and compliance with all written requirements imposed by thecase manager or otherwise by the office;

(5)AArequiring the person to:(A)AAsubmit to tracking under a particular type of

tracking service and to any other appropriate supervision; and(B)AArefrain from tampering with, altering,

modifying, obstructing, or manipulating the tracking equipment;(6)AAprohibiting the person from changing the person ’s

residence without prior authorization from the judge and fromleaving the state without that prior authorization;

(7)AAif determined appropriate by the judge,establishing a child safety zone in the same manner as a childsafety zone is established by a judge under Article 42A.453[Section 13B, Article 42.12], Code of Criminal Procedure, andrequiring the person to comply with requirements related to thesafety zone; and

(8)AAany other requirements determined necessary by thejudge.

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SECTIONA2.74.AASection 133.055(b), Local Government Code, isamended to read as follows:

(b)AAIf the treasurer does not collect any fees during acalendar quarter, the treasurer shall file the report required forthe quarter in the regular manner. The report must state that nofees were collected. This subsection does not apply to feescollected under Article 42A.303 or 42A.653 [Sections 14 and 19,Article 42.12], Code of Criminal Procedure, or under Section76.013, Government Code.

SECTIONA2.75.AASection 133.058(d), Local Government Code, isamended to read as follows:

(d)AAA county may not retain a service fee on the collectionof a fee:

(1)AAfor the judicial fund;(2)AAunder Article 42A.303 or 42A.653 [Sections 14 and

19, Article 42.12], Code of Criminal Procedure; or(3)AAunder Section 51.851, Government Code.

SECTIONA2.76.AASection 152.017, Local Government Code, isamended to read as follows:

Sec.A152.017.AAEXCEPTIONS. This subchapter does not applyto:

(1)AAa judge of a court of record;(2)AAa presiding judge of a commissioners court in a

county with a population of 3.3 million or more;(3)AAa district attorney paid wholly by state funds or

the district attorney’s assistants, investigators, or otheremployees;

(4)AAa county auditor, county purchasing agent, or theauditor’s or purchasing agent’s assistants or other employees; or

(5)AAa person employed under Section 76.004, GovernmentCode [10, Article 42.12, Code of Criminal Procedure].

SECTIONA2.77.AASection 157.002(a), Local Government Code, isamended to read as follows:

(a)AAThe commissioners court by rule may provide for medicalcare and hospitalization and may provide for compensation,accident, hospital, and disability insurance for the followingpersons if their salaries are paid from the funds of the county orfunds of a flood control district located entirely in the county, orfunds of a hospital district described by Section 281.0475, Healthand Safety Code, located entirely in the county, or if they areemployees of another governmental entity for which the county isobligated to provide benefits:

(1)AAdeputies, assistants, and other employees of thecounty, or of the flood control district, or of the hospitaldistrict, who work under the commissioners court or its appointees;

(2)AAcounty and district officers and their deputiesand assistants appointed under Subchapter A, Chapter 151;

(3)AAemployees appointed under Section 76.004(b),Government Code [10(a), Article 42.12, Code of Criminal Procedure];

(4)AAany retired person formerly holding any statuslisted above; and

(5)AAthe dependents of any person listed above.SECTIONA2.78.AASection 352.082(d), Local Government Code, is

amended to read as follows:(d)AAAn offense under this section is a Class C misdemeanor.

On conviction of an offense under this section, the court shallrequire the defendant, in addition to any fine, to performcommunity service as provided by Article 42A.304(e) [Section 16(e),Article 42.12], Code of Criminal Procedure.

SECTIONA2.79.AASection 53.021(a), Occupations Code, isamended to read as follows:

(a)AAA licensing authority may suspend or revoke a license,disqualify a person from receiving a license, or deny to a personthe opportunity to take a licensing examination on the grounds thatthe person has been convicted of:

(1)AAan offense that directly relates to the duties andresponsibilities of the licensed occupation;

(2)AAan offense that does not directly relate to theduties and responsibilities of the licensed occupation and that was

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committed less than five years before the date the person appliesfor the license;

(3)AAan offense listed in Article 42A.054 [Section 3g,Article 42.12], Code of Criminal Procedure; or

(4)AAa sexually violent offense, as defined by Article62.001, Code of Criminal Procedure.

SECTIONA2.80.AASection 109.001(3), Occupations Code, isamended to read as follows:

(3)AA"Sex offender" has the meaning assigned by Article42A.251(2) [Section 9(m), Article 42.12], Code of CriminalProcedure.

SECTIONA2.81.AASection 12.35(c), Penal Code, is amended toread as follows:

(c)AAAn individual adjudged guilty of a state jail felonyshall be punished for a third degree felony if it is shown on thetrial of the offense that:

(1)AAa deadly weapon as defined by Section 1.07 was usedor exhibited during the commission of the offense or duringimmediate flight following the commission of the offense, and thatthe individual used or exhibited the deadly weapon or was a party tothe offense and knew that a deadly weapon would be used orexhibited; or

(2)AAthe individual has previously been finallyconvicted of any felony:

(A)AAunder Section 20A.03 or 21.02 or listed inArticle 42A.054(a) [Section 3g(a)(1), Article 42.12], Code ofCriminal Procedure; or

(B)AAfor which the judgment contains anaffirmative finding under Article 42A.054(c) or (d) [Section3g(a)(2), Article 42.12], Code of Criminal Procedure.

SECTIONA2.82.AASection 12.42(h), Penal Code, is amended toread as follows:

(h)AAIn this section, "sexually violent offense" means anoffense:

(1)AAdescribed by Article 62.001(6), Code of CriminalProcedure; and

(2)AAfor which an affirmative finding has been enteredunder Article 42.015(b) or 42A.105(a) [Section 5(e)(2), Article42.12], Code of Criminal Procedure, for an offense other than anoffense under Section 21.02 or 22.021.

SECTIONA2.83.AASection 15.031(a), Penal Code, is amended toread as follows:

(a)AAA person commits an offense if, with intent that anoffense listed by Article 42A.054(a) [Section 3g(a)(1), Article42.12], Code of Criminal Procedure, be committed, the personrequests, commands, or attempts to induce a minor to engage inspecific conduct that, under the circumstances surrounding theactor’s conduct as the actor believes them to be, would constitutean offense listed by Article 42A.054(a) [Section 3g(a)(1), Article42.12,] or make the minor a party to the commission of an offenselisted by Article 42A.054(a) [Section 3g(a)(1), Article 42.12].

SECTIONA2.84.AASection 49.09(h), Penal Code, is amended toread as follows:

(h)AAThis subsection applies only to a person convicted of asecond or subsequent offense relating to the operating of a motorvehicle while intoxicated committed within five years of the dateon which the most recent preceding offense was committed. The courtshall enter an order that requires the defendant to have a deviceinstalled, on each motor vehicle owned or operated by thedefendant, that uses a deep-lung breath analysis mechanism to makeimpractical the operation of the motor vehicle if ethyl alcohol isdetected in the breath of the operator, and that requires thatbefore the first anniversary of the ending date of the period oflicense suspension under Section 521.344, Transportation Code, thedefendant not operate any motor vehicle that is not equipped withthat device. The court shall require the defendant to obtain thedevice at the defendant ’s own cost on or before that ending date,require the defendant to provide evidence to the court on or beforethat ending date that the device has been installed on each

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appropriate vehicle, and order the device to remain installed oneach vehicle until the first anniversary of that ending date. Ifthe court determines the offender is unable to pay for the device,the court may impose a reasonable payment schedule not to extendbeyond the first anniversary of the date of installation. TheDepartment of Public Safety shall approve devices for use underthis subsection. Section 521.247, Transportation Code, applies tothe approval of a device under this subsection and the consequencesof that approval. Failure to comply with an order entered underthis subsection is punishable by contempt. For the purpose ofenforcing this subsection, the court that enters an order underthis subsection retains jurisdiction over the defendant until thedate on which the device is no longer required to remain installed.To the extent of a conflict between this subsection and Article42A.408 [Section 13(i), Article 42.12], Code of Criminal Procedure,this subsection controls.

SECTIONA2.85.AASection 71.023(a), Penal Code, is amended toread as follows:

(a)AAA person commits an offense if the person, as part of theidentifiable leadership of a criminal street gang, knowinglyfinances, directs, or supervises the commission of, or a conspiracyto commit, one or more of the following offenses by members of acriminal street gang:

(1)AAa felony offense that is listed in Article42A.054(a) [Section 3g(a)(1), Article 42.12], Code of CriminalProcedure;

(2)AAa felony offense for which it is shown that adeadly weapon, as defined by Section 1.07, was used or exhibitedduring the commission of the offense or during immediate flightfrom the commission of the offense; or

(3)AAan offense that is punishable under Section481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or481.120(b)(6), Health and Safety Code.

SECTIONA2.86.AASection 521.245(b), Transportation Code, isamended to read as follows:

(b)AAThe program required under Subsection (a) may not be theprogram provided by Section 521.344 or by Article 42A.403 or42A.404 [Section 13, Article 42.12], Code of Criminal Procedure.

SECTIONA2.87.AASection 521.320(f), Transportation Code, isamended to read as follows:

(f)AAFor the purposes of this section, a person is convictedof an offense regardless of whether sentence is imposed or theperson is placed on community supervision for the offense underChapter 42A [Article 42.12], Code of Criminal Procedure.

SECTIONA2.88.AASection 521.342(b), Transportation Code, isamended to read as follows:

(b)AAThe department shall suspend for one year the license ofa person who is under 21 years of age and is convicted of an offenseunder Section 49.04, 49.045, 49.07, or 49.08, Penal Code,regardless of whether the person is required to attend aneducational program under Article 42A.403 [Section 13(h), Article42.12], Code of Criminal Procedure, that is designed torehabilitate persons who have operated motor vehicles whileintoxicated, unless the person is placed under communitysupervision under Chapter 42A, Code of Criminal Procedure, [thatarticle] and is required as a condition of the communitysupervision to not operate a motor vehicle unless the vehicle isequipped with the device described by Article 42A.408 [Section13(i)] of that chapter [article]. If the person is required toattend such a program and does not complete the program before theend of the person’s suspension, the department shall suspend theperson’s license or continue the suspension, as appropriate, untilthe department receives proof that the person has successfullycompleted the program. On the person ’s successful completion ofthe program, the person’s instructor shall give notice to thedepartment and to the community supervision and correctionsdepartment in the manner provided by Article 42A.406(b) [Section13(h), Article 42.12], Code of Criminal Procedure.

SECTIONA2.89.AASections 521.344(d), (f), and (i),

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Transportation Code, are amended to read as follows:(d)AAExcept as provided by Subsection (e) and Section

521.342(b), during a period of probation the department may notrevoke the person’s license if the person is required under Article42A.403 or 42A.404 [Section 13(h) or (j), Article 42.12], Code ofCriminal Procedure, to successfully complete an educationalprogram designed to rehabilitate persons who have operated motorvehicles while intoxicated, unless the person was punished underSection 49.09(a) or (b), Penal Code, and was subject to Section49.09(h) of that code. The department may not revoke the license ofa person:

(1)AAfor whom the jury has recommended that the licensenot be revoked under Article 42A.407(a) [Section 13(g), Article42.12], Code of Criminal Procedure; or

(2)AAwho is placed under community supervision underChapter 42A, Code of Criminal Procedure, [that article] and isrequired as a condition of community supervision to not operate amotor vehicle unless the vehicle is equipped with the devicedescribed by Article 42A.408 [Section 13(i)] of that chapter[article], unless the person was punished under Section 49.09(a) or(b), Penal Code, and was subject to Section 49.09(g) of that code.

(f)AAAfter the date has passed, according to departmentrecords, for successful completion of an educational program forrepeat offenders as required by Article 42A.404 [Section 13,Article 42.12], Code of Criminal Procedure, the director shallsuspend the license of a person who does not successfully completethe program or, if the person is a resident without a license, shallissue an order prohibiting the person from obtaining a license.

(i)AAOn the date that a suspension order under Section521.343(c) is to expire, the period of suspension or thecorresponding period in which the department is prohibited fromissuing a license is automatically increased to two years unlessthe department receives notice of successful completion of theeducational program as required by Article 42A.406 [Section 13,Article 42.12], Code of Criminal Procedure. At the time a person isconvicted of an offense under Section 49.04 or 49.045, Penal Code,the court shall warn the person of the effect of this subsection.On the person’s successful completion of the program, the person ’sinstructor shall give notice to the department and to the communitysupervision and corrections department in the manner required byArticle 42A.406(b) [Section 13, Article 42.12], Code of CriminalProcedure. If the department receives proof of completion after aperiod has been extended under this subsection, the departmentshall immediately end the suspension or prohibition.

SECTIONA2.90.AASection 521.350(d), Transportation Code, isamended to read as follows:

(d)AAA person whose license is suspended under Subsection (a)shall be required by the court in which the person was convicted toperform at least 10 hours of community service as ordered by thecourt. If the person is a resident of this state without a driver ’slicense to operate a motor vehicle, the court shall issue an orderprohibiting the department from issuing the person a driver ’slicense before the person completes the community service.Community service required under this subsection is in addition toany community service required of the person as a condition ofcommunity supervision under Article 42A.304 [Section 16, Article42.12], Code of Criminal Procedure.

SECTIONA2.91.AASection 522.088, Transportation Code, isamended to read as follows:

Sec.A522.088.AAAPPLICABILITY OF OTHER LAW. Section 521.344of this code and Subchapter I, Chapter 42A [Section 13, Article42.12], Code of Criminal Procedure, except Article 42A.409 of thatsubchapter, do not apply to a person disqualified under thischapter.

ARTICLE 3. REPEALERSECTIONA3.01.AAArticle 42.12, Code of Criminal Procedure, is

repealed.ARTICLE 4. GENERAL MATTERS

SECTIONA4.01.AAThis Act is enacted under Section 43, Article

73-173-273-373-473-573-673-773-873-973-1073-1173-1273-1373-1473-1573-1673-1773-1873-1973-2073-2173-2273-2373-2473-2573-2673-2773-2873-2973-3073-3173-3273-3373-3473-3573-3673-3773-3873-3973-4073-4173-4273-4373-4473-4573-4673-4773-4873-4973-5073-5173-5273-5373-5473-5573-5673-5773-5873-5973-6073-6173-6273-6373-6473-6573-6673-6773-6873-69

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III, Texas Constitution. This Act is intended as a codificationonly, and no substantive change in the law is intended by this Act.

SECTIONA4.02.AAThis Act takes effect January 1, 2017.

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74-174-274-3

74-4

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