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AN ACT
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relating to the award of diligent participation credit to |
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defendants confined in a state jail felony facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15(h), Article 42.12, Code of Criminal |
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Procedure, is amended by amending Subdivision (1) and adding |
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Subdivisions (4), (5), and (6) to read as follows: |
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(1) A defendant confined in a state jail felony |
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facility does not earn good conduct time for time served in the |
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facility but may be awarded diligent participation credit in |
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accordance with Subdivision (6). |
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(4) For purposes of Subdivisions (5) and (6), |
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"diligent participation" includes: |
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(A) successful completion of an educational, |
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vocational, or treatment program; |
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(B) progress toward successful completion of an |
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educational, vocational, or treatment program that was interrupted |
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by illness, injury, or another circumstance outside the control of |
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the defendant; and |
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(C) active involvement in a work program. |
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(5) For a defendant who has participated in an |
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educational, vocational, treatment, or work program while confined |
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in a state jail felony facility, not later than the 30th day before |
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the date on which the defendant will have served 80 percent of the |
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defendant's sentence, the Texas Department of Criminal Justice |
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shall report to the sentencing court the number of days during which |
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the defendant diligently participated in any educational, |
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vocational, treatment, or work program. The contents of a report |
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submitted under this subdivision are not subject to challenge by a |
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defendant. |
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(6) A judge, based on the report received under |
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Subdivision (5), may credit against any time a defendant is |
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required to serve in a state jail felony facility additional time |
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for each day the defendant actually served in the facility while |
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diligently participating in an educational, vocational, treatment, |
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or work program. A time credit under this subdivision may not |
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exceed one-fifth of the amount of time the defendant is originally |
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required to serve in the facility. A defendant may not be awarded a |
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credit under this subdivision for any period during which the |
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defendant is subject to disciplinary action. A time credit under |
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this subdivision is a privilege and not a right. |
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SECTION 2. The change in law made by this Act applies only |
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to a person confined in a state jail felony facility for an offense |
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committed on or after the effective date of this Act. A person |
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confined in a state jail felony facility for an offense committed |
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before the effective date of this Act is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2649 was passed by the House on May |
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12, 2011, by the following vote: Yeas 138, Nays 7, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2649 was passed by the Senate on May |
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24, 2011, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |