reglab/housing_qa huggingface dataset:
TX Code Crim Pro art 42A.106 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter C. Deferred Adjudication Community Supervision|Article 42A.106. Record Not Confidential; Right to Petition for Order of Nondisclosure

(a) Except as provided by Section 552.142, Government Code, a record in the custody of the court clerk regarding a case in which a defendant is granted deferred adjudication community supervision is not confidential.(b)  Before placing a defendant on deferred adjudication community supervision, the court shall inform the defendant of the defendant's right to receive or petition the court for an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, Government Code, as applicable, unless the defendant is ineligible for an order because of:(1)  the nature of the offense for which the defendant is placed on deferred adjudication community supervision; or(2)  the defendant's criminal history.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.Amended by: Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.012(b), eff. September 1, 2017.|
TX Code Crim Pro art 42A.107 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter C. Deferred Adjudication Community Supervision|Article 42A.107. Request for Final Adjudication

On written motion of the defendant requesting final adjudication that is filed within 30 days after the entry of the defendant's plea and the deferment of adjudication, the judge shall proceed to final adjudication as in all other cases.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.108 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter C. Deferred Adjudication Community Supervision|Article 42A.108. Violation of Condition of Deferred Adjudication Community Supervision; Hearing

(a)  On violation of a condition of deferred adjudication community supervision imposed under Article 42A.104, the defendant may be arrested and detained as provided in Article 42A.751.(b)  The defendant is entitled to a hearing limited to a determination by the court of whether the court will proceed with an adjudication of guilt on the original charge.  The court may not proceed with an adjudication of guilt on the original charge if the court finds that the only evidence supporting the alleged violation of a condition of deferred adjudication community supervision is the uncorroborated results of a polygraph examination. The determination to proceed with an adjudication of guilt on the original charge is reviewable in the same manner as a revocation hearing conducted under Article 42A.751(d) in a case in which the adjudication of guilt was not deferred.(c)  A court retains jurisdiction to hold a hearing under Subsection (b) and to proceed with an adjudication of guilt, regardless of whether the period of deferred adjudication community supervision imposed on the defendant has expired, if before the expiration of the supervision period:(1)  the attorney representing the state files a motion to proceed with the adjudication; and(2)  a capias is issued for the arrest of the defendant.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.109 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter C. Deferred Adjudication Community Supervision|Article 42A.109. Due Diligence Defense

For the purposes of a hearing under Article 42A.108, it is an affirmative defense to revocation for an alleged violation based on a failure to report to a supervision officer as directed or to remain within a specified place that no supervision officer, peace officer, or other officer with the power of arrest under a warrant issued by a judge for that alleged violation contacted or attempted to contact the defendant in person at the defendant's last known residence address or last known employment address, as reflected in the files of the department serving the county in which the order of deferred adjudication community supervision was entered.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.110 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter C. Deferred Adjudication Community Supervision|Article 42A.110. Proceedings After Adjudication

(a)  After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant's appeal, continue as if the adjudication of guilt had not been deferred.  (b)  A court assessing punishment after an adjudication of guilt of a defendant charged with a state jail felony may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed, regardless of whether the defendant has previously been convicted of a felony.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.151 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter D. Jurisdiction Over Case; Geographical Jurisdiction|Article 42A.151. Transfer of Jurisdiction

(a)  After a defendant has been placed on community supervision, jurisdiction of the case may be transferred to a court of the same rank in this state that:(1)  has geographical jurisdiction where the defendant:(A)  resides; or(B)  violates a condition of community supervision; and(2)  consents to the transfer.(b)  On transfer, the clerk of the court of original jurisdiction shall forward to the court accepting jurisdiction a transcript of any portion of the record as the transferring judge shall direct.  The court accepting jurisdiction subsequently shall proceed as if the defendant's trial and conviction had occurred in that court.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.152 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter D. Jurisdiction Over Case; Geographical Jurisdiction|Article 42A.152. Issuance of Warrant by Court Having Geographical Jurisdiction

(a)  A judge of a court having geographical jurisdiction where a defendant resides or where the defendant violates a condition of community supervision may issue a warrant for the defendant's arrest.(b)  Notwithstanding Subsection (a), the determination of the action to be taken after the defendant's arrest may be made only by the judge of the court having jurisdiction of the case at the time the action is taken.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.153 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter D. Jurisdiction Over Case; Geographical Jurisdiction|Article 42A.153. Change of Residence Within the State

(a)  If, for good and sufficient reasons, a defendant desires to change the defendant's residence within the state, the change may be effected by application to the supervising supervision officer.(b)  The change of residence is subject to:(1)  the judge's consent; and(2)  any regulations the judge may require in the absence of a supervision officer in the locality to which the defendant is transferred.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.154 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter D. Jurisdiction Over Case; Geographical Jurisdiction|Article 42A.154. Leaving the State

A defendant who leaves the state without permission of the judge having jurisdiction of the case is:(1)  considered a fugitive from justice; and(2)  subject to extradition as provided by law.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.201 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter E. Partial Execution of Sentence; Continuing Jurisdiction|Article 42A.201. Continuing Jurisdiction in Misdemeanor Cases

(a)  For the purposes of this article, the jurisdiction of the courts in this state in which a sentence requiring confinement in a jail is imposed for conviction of a misdemeanor continues for 180 days from the date the execution of the sentence actually begins.(b)  The judge of a court that imposed a sentence requiring confinement in a jail for conviction of a misdemeanor may, on the judge's own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this chapter if, in the opinion of the judge, the defendant would not benefit from further confinement.(c)  When the defendant files a written motion with the court requesting suspension of further execution of the sentence and placement on community supervision or when requested to do so by the judge, the clerk of the court shall request a copy of the defendant's record while confined from the agency operating the jail in which the defendant is confined.  On receipt of the request, the agency shall forward a copy of the record to the court as soon as possible.(d)  The judge may deny the motion without holding a hearing but may not grant a motion without holding a hearing and allowing the attorney representing the state and the defendant to present evidence in the case.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.202 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter E. Partial Execution of Sentence; Continuing Jurisdiction|Article 42A.202. Continuing Jurisdiction in Felony Cases

(a)  For the purposes of this article, the jurisdiction of a court imposing a sentence requiring imprisonment in the Texas Department of Criminal Justice for an offense other than a state jail felony continues for 180 days from the date the execution of the sentence actually begins.(b)  Before the expiration of the 180-day period described by Subsection (a), the judge of the court that imposed the sentence described by that subsection may, on the judge's own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this chapter if:(1)  in the opinion of the judge, the defendant would not benefit from further imprisonment;(2)  the defendant is otherwise eligible for community supervision under this chapter; and(3)  the defendant had never before been incarcerated in a penitentiary serving a sentence for a felony.(c)  When the defendant files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, the defendant shall immediately deliver or cause to be delivered a copy of the motion to the office of the attorney representing the state.(d)  When the defendant or the attorney representing the state files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, and when requested to do so by the judge, the clerk of the court shall request a copy of the defendant's record while imprisoned from the Texas Department of Criminal Justice or, if the defendant is confined in county jail, from the sheriff.  On receipt of the request, the Texas Department of Criminal Justice or the sheriff shall forward a copy of the record to the judge as soon as possible.(e)  The judge may deny the motion without holding a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.203 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter E. Partial Execution of Sentence; Continuing Jurisdiction|Article 42A.203. Authority to Suspend Execution of Sentence in Felony Cases

(a)  Except as otherwise provided by Subsection (b), only the judge who originally sentenced the defendant may suspend execution of the sentence and place the defendant on community supervision under Article 42A.202.(b)  If the judge who originally sentenced the defendant is deceased or disabled or the office is vacant, and if a motion is filed in accordance with Article 42A.202, the clerk of the court shall promptly forward a copy of the motion to the presiding judge of the administrative judicial district for that court.  The presiding judge may deny the motion without holding a hearing or may appoint a judge to hold a hearing on the motion.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.204 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter E. Partial Execution of Sentence; Continuing Jurisdiction|Article 42A.204. Partial Execution of Sentence: Firearm Used or Exhibited

(a)  If in the trial of a felony of the second degree or higher there is an affirmative finding described by Article 42A.054(d) and the jury recommends that the court place the defendant on community supervision, the court may order the defendant imprisoned in the Texas Department of Criminal Justice for not less than 60 and not more than 120 days.(b)  At any time after the defendant has served 60 days in the custody of the Texas Department of Criminal Justice, the sentencing judge, on the judge's own motion or on motion of the defendant, may order the defendant released to community supervision.(c)  The department shall release the defendant to community supervision after the defendant has served 120 days.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.251 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter F. Presentence and Postsentence Reports and Evaluations|Article 42A.251. Definitions

In this subchapter:(1)  "Council" means the Council on Sex Offender Treatment.(2)  "Sex offender" means a person who has been convicted of, or has entered a plea of guilty or nolo contendere for, an offense under any one of the following provisions of the Penal Code:(A)  Section 20.04(a)(4) (Aggravated Kidnapping), if the person committed the offense with the intent to violate or abuse the victim sexually;(B)  Section 21.08 (Indecent Exposure);(C)  Section 21.11 (Indecency with a Child);(D)  Section 22.011 (Sexual Assault);(E)  Section 22.021 (Aggravated Sexual Assault);(F)  Section 25.02 (Prohibited Sexual Conduct);(G)  Section 30.02 (Burglary), if:(i)  the offense is punishable under Subsection (d) of that section; and(ii)  the person committed the offense with the intent to commit a felony listed in this subdivision;(H)  Section 43.25 (Sexual Performance by a Child); or(I)  Section 43.26 (Possession or Promotion of Child Pornography).|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.252 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter F. Presentence and Postsentence Reports and Evaluations|Article 42A.252. Presentence Report Required

(a)  Except as provided by Subsections (b) and (c), before the imposition of the sentence by a judge, the judge shall direct a supervision officer to prepare a presentence report for the judge.(b)  The judge is not required to direct a supervision officer to prepare a presentence report in a misdemeanor case if:(1)  the defendant requests that a report not be made and the judge agrees to the request; or(2)  the judge:(A)  finds that there is sufficient information in the record to permit the meaningful exercise of sentencing discretion; and(B)  explains that finding on the record.(c)  The judge is not required to direct a supervision officer to prepare a presentence report in a felony case if:(1)  punishment is to be assessed by a jury;(2)  the defendant is convicted of or enters a plea of guilty or nolo contendere to capital murder;(3)  the only available punishment is imprisonment; or(4)  the judge is informed that a plea bargain agreement exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow that agreement.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.253 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter F. Presentence and Postsentence Reports and Evaluations|Article 42A.253. Contents of Presentence Report

(a)  A presentence report must be in writing and include:(1)  the circumstances of the offense with which the defendant is charged;(2)  the amount of restitution necessary to adequately compensate a victim of the offense;(3)  the criminal and social history of the defendant;(4)  a proposed supervision plan describing programs and sanctions that the community supervision and corrections department will provide the defendant if the judge suspends the imposition of the sentence or grants deferred adjudication community supervision;(5)  if the defendant is charged with a state jail felony, recommendations for conditions of community supervision that the community supervision and corrections department considers advisable or appropriate based on the circumstances of the offense and other factors addressed in the report;(6)  the results of a psychological evaluation of the defendant that determines, at a minimum, the defendant's IQ and adaptive behavior score if the defendant:(A)  is convicted of a felony offense; and(B)  appears to the judge, through the judge's own observation or on the suggestion of a party, to have a mental impairment;(7)  information regarding whether the defendant is a current or former member of the state military forces or whether the defendant currently serves or has previously served in the armed forces of the United States in an active-duty status and, if available, a copy of the defendant's military discharge papers and military records;(8)  if the defendant has served in the armed forces of the United States in an active-duty status, a determination as to whether the defendant was deployed to a combat zone and whether the defendant may suffer from post-traumatic stress disorder or a traumatic brain injury; and(9)  any other information relating to the defendant or the offense as requested by the judge.(b)  A presentence report is not required to contain a sentencing recommendation.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.254 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter F. Presentence and Postsentence Reports and Evaluations|Article 42A.254. Inspection by Judge; Disclosure of Contents

The judge may not inspect a presentence report and the contents of the report may not be disclosed to any person unless:(1)  the defendant pleads guilty or nolo contendere or is convicted of the offense; or(2)  the defendant, in writing, authorizes the judge to inspect the report.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.255 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter F. Presentence and Postsentence Reports and Evaluations|Article 42A.255. Inspection and Comment by Defendant; Access to Information by State

(a)  Unless waived by the defendant, at least 48 hours before sentencing a defendant, the judge shall permit the defendant or the defendant's attorney to read the presentence report.(b)  The judge shall allow the defendant or the defendant's attorney to comment on a presentence investigation or a postsentence report and, with the approval of the judge, introduce testimony or other information alleging a factual inaccuracy in the investigation or report.(c)  The judge shall allow the attorney representing the state access to any information made available to the defendant under this article.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|
TX Code Crim Pro art 42A.256 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 42A - Community Supervision|Subchapter F. Presentence and Postsentence Reports and Evaluations|Article 42A.256. Release of Information to Supervision Officer; Confidentiality of Report

(a)  The judge by order may direct that any information and records that are not privileged and that are relevant to a presentence or postsentence report be released to a supervision officer conducting a presentence investigation under this subchapter or preparing a postsentence report under Article 42A.259.  The judge may also issue a subpoena to obtain that information.(b)  A presentence or postsentence report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only as:(1)  provided by:(A)  Subsection (c);(B)  Article 42A.255;(C)  Article 42A.257;(D)  Article 42A.259; or(E)  Section 614.017, Health and Safety Code; or(2)  directed by the judge for the effective supervision of the defendant.(c)  If the defendant is a sex offender, a supervision officer may release information in a presentence or postsentence report concerning the social and criminal history of the defendant to a person who:(1)  is licensed or certified in this state to provide mental health or medical services, including a:(A)  physician;(B)  psychiatrist;(C)  psychologist;(D)  licensed professional counselor;(E)  licensed marriage and family therapist; or(F)  certified social worker; and(2)  provides mental health or medical services for the rehabilitation of the defendant.|Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.|