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  H.B. No. 1546
 
 
 
 
AN ACT
  relating to the award of diligent participation credit to
  defendants confined in a state jail felony facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0199 to read as follows:
         Art. 42.0199.  FINDING REGARDING DILIGENT PARTICIPATION
  CREDIT. If a person is convicted of a state jail felony, the judge
  shall make a finding and enter the finding in the judgment of the
  case regarding whether the person is presumptively entitled to
  diligent participation credit in accordance with Section 15(h),
  Article 42.12.
         SECTION 2.  Section 15(h), Article 42.12, Code of Criminal
  Procedure, is amended by amending Subdivisions (1), (5), and (6)
  and adding Subdivisions (7) and (8) to read as follows:
               (1)  A defendant confined in a state jail felony
  facility does not earn good conduct time for time served in the
  facility but may be awarded diligent participation credit in
  accordance with Subdivision (6) or (7).
               (5)  For a defendant who has participated in an
  educational, vocational, treatment, or work program while confined
  in a state jail felony facility, [not later than the 30th day before
  the date on which the defendant will have served 80 percent of the
  defendant's sentence,] the Texas Department of Criminal Justice
  shall record [report to the sentencing court] the number of days
  during which the defendant diligently participated in any
  educational, vocational, treatment, or work program. [The contents
  of a report submitted under this subdivision are not subject to
  challenge by a defendant.]
               (6)  For a defendant with a judgment that contains a
  finding under Article 42.0199 that the defendant is presumptively
  entitled to diligent participation credit and who has not been the
  subject of disciplinary action while confined in the state jail
  felony facility, the department shall [A judge, based on the report
  received under Subdivision (5), may] credit against any time the
  [a] defendant is required to serve in a state jail felony facility
  additional time for each day the defendant actually served in the
  facility while diligently participating in an educational,
  vocational, treatment, or work program. 
               (7)  For a defendant with a judgment that contains a
  finding under Article 42.0199 that the defendant is not
  presumptively entitled to diligent participation credit or who has
  been the subject of disciplinary action while confined in the state
  jail felony facility, the department shall, not later than the 30th
  day before the date on which the defendant will have served 80
  percent of the defendant's sentence, report to the sentencing court
  the record of the number of days under Subdivision (5). The contents
  of a report submitted under this subdivision are not subject to
  challenge by a defendant. A judge, based on the report, may credit
  against any time a defendant is required to serve in a state jail
  felony facility additional time for each day the defendant actually
  served in the facility while diligently participating in an
  educational, vocational, treatment, or work program.
               (8)  A time credit under Subdivision (6) or (7) [this
  subdivision] may not exceed one-fifth of the amount of time the
  defendant is originally required to serve in the facility. A
  defendant may not be awarded a credit under Subdivision (6) or (7)
  [this subdivision] for any period during which the defendant is
  subject to disciplinary status [action]. A time credit under
  Subdivision (6) or (7) [this subdivision] is a privilege and not a
  right.
         SECTION 3.  The change in law made by this Act applies only
  to a person confined in a state jail felony facility for an offense
  committed on or after the effective date of this Act. A person
  confined in a state jail felony facility for an offense committed
  before the effective date of this Act is 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 section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1546 was passed by the House on April
  15, 2015, by the following vote:  Yeas 141, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1546 on May 18, 2015, by the following vote:  Yeas 126, Nays 5,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1546 was passed by the Senate, with
  amendments, on May 15, 2015, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor