H.B. No. 157
AN ACT
relating to the conditions of community supervision for certain
persons convicted of an intoxication offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) A judge granting community supervision to a defendant
convicted of an offense under Chapter 49, Penal Code, shall require
as a condition of community supervision that the defendant submit
to:
(1) not less than 72 hours [three days] of continuous
confinement in county jail if the defendant was punished under
Section 49.09(a); not less than five days of confinement in county
jail if the defendant was punished under Section 49.09(a) and was
subject to Section 49.09(h); not less than 10 days of confinement in
county jail if the defendant was punished under Section 49.09(b) or
(c); or not less than 30 days of confinement in county jail if the
defendant was convicted under Section 49.07; and
(2) an evaluation by a supervision officer or by a
person, program, or facility approved by the Texas Commission on
Alcohol and Drug Abuse for the purpose of having the facility
prescribe and carry out a course of conduct necessary for the
rehabilitation of the defendant's drug or alcohol dependence
condition.
SECTION 2. The changes in law made by this Act apply only to
the terms of community supervision for an offense under Chapter 49,
Penal Code, that is committed on or after September 1, 2005. The
terms of community supervision for an offense under Chapter 49,
Penal Code, that was committed before September 1, 2005, are
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this subsection, an offense was committed before September 1, 2005,
if any element of the offense was committed before that date.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 157 was passed by the House on April
6, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 157 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor