reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 9. Priority

Sec. 9.  PRIORITY.  The perfection of a restitution lien under this article is notice of the claim to all persons dealing with the defendant or the property identified in the affidavit perfecting the lien.  Without regard to whether perfected before or after the perfection of a restitution lien filed and perfected under this article, a perfected real estate mortgage lien, a vendor's lien, a purchase money security interest, a chattel paper security interest, a lien on a motor vehicle perfected as provided by Chapter 501, Transportation Code, or a worker's lien perfected in the manner provided by law is superior and prior to a restitution lien filed and perfected under this article.  Except as provided by this article, a perfected lien in favor of a victim is superior and prior to a lien perfected by the state under this article, and the perfected lien in favor of the state is superior and prior to the claim or interest of any other person, other than:
(1)  a person who acquires a valid lien or security interest perfected before the perfection of the restitution lien;
(2)  a bona fide purchaser who acquires an interest in the property, if personal property, before the filing of the restitution lien, to the extent that the purchaser gives value; or
(3)  a bona fide purchaser for value who acquires and files for record an interest in the property, if real property, before the perfection of the restitution lien.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 10. Payment

Sec. 10.  PAYMENT.  The clerk receiving a payment from a defendant ordered to pay restitution shall make payments to the person having an interest in the restitution lien on a schedule of not less than quarterly payments as determined by the clerk or agency.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 11. Foreclosure

Sec. 11.  FORECLOSURE.  If a defendant fails to timely make a payment required by the order of the court entering the judgment creating the restitution lien, the person having an interest in the lien may file suit in a court of competent jurisdiction to foreclose the lien.  If the defendant cures the default on or before the 20th day after the date the suit is filed and pays the person who files the suit costs of court and reasonable attorney's fees, the court may dismiss the suit without prejudice to the person.  The person may refile the suit against the defendant if the defendant subsequently defaults.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 12. Expiration; Records

Sec. 12.  EXPIRATION; RECORDS.  (a)  A restitution lien expires on the 10th anniversary of the date the lien was filed or on the date the defendant satisfies the judgment creating the lien, whichever occurs first.  The person having an interest in the lien may refile the lien before the date the lien expires.  A lien that is refiled expires on the 10th anniversary of the date the lien was refiled or the date the defendant satisfies the judgment creating the lien, whichever occurs first.
(b)  Failure to execute or foreclose the restitution lien does not cause dormancy of the lien.
(c)  The clerk of the court entering the judgment creating the restitution lien shall maintain a record of the outstanding balance of restitution, fines, or costs owed.  If the defendant satisfies the judgment, the clerk shall immediately execute and file for record a release of the restitution lien with all officers or entities with which the affidavit perfecting the lien was filed, as indicated by the notice received by the clerk under Section 7(h) of this article, unless a release was executed and filed by the person who filed the affidavit to perfect the lien.
(d)  A partial release of a lien as to specific property may be executed by the attorney representing the state or a magistrate who signs an affidavit described by Section 6 of this article on payment of a sum determined to represent the defendant's interest in any property to which the lien may attach.
Added by Acts 1995, 74th Leg., ch. 997, Sec. 1, eff. Sept. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1118, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 42.21 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(12), eff. Sept. 1, 1997.  Sec. 2(b) amended by Acts 1999, 76th Leg., ch. 295, Sec. 2, eff. Sept. 1, 1999;  Sec. 1(4) amended by Acts 2001, 77th Leg., ch. 1334, Sec. 1, eff. Sept. 1, 2001;  Sec. 2(b) amended by Acts 2001, 77th Leg., ch. 1334, Sec. 2, eff. Sept. 1, 2001;  Sec. 2(b) amended by Acts 2003, 78th Leg., ch. 1300, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.02, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3B.01, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.16, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.23. Notification of Court of Family Violence Conviction

(a)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
(b) If the attorney representing the state in a criminal case involving family violence learns that the defendant is subject to the jurisdiction of another court relating to an order that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for possession of or access to a child, the attorney representing the state shall notify the court in which the defendant is being tried of the existence of the order and the identity of the court of continuing jurisdiction.
(c) On the conviction or entry of an order deferring adjudication of a defendant for an offense involving family violence, the convicting court or the court entering the order shall notify the court of continuing jurisdiction of the conviction or deferred adjudication.
Added by Acts 2001, 77th Leg., ch. 1289, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.24. Prohibiting Contact With Victim

If a defendant's sentence includes a term of confinement or imprisonment, the convicting court may, as part of the sentence, prohibit the defendant from contacting, during the term of the defendant's confinement or imprisonment, the victim of the offense of which the defendant is convicted or a member of the victim's family.
Added by Acts 2011, 82nd Leg., R.S., Ch. 491 (H.B. 1028), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.25. Filing of Reporter Notes

A court reporter may comply with Rule 13.6, Texas Rules of Appellate Procedure, by electronically filing with the trial court clerk not later than the 20th day after the expiration of the time the defendant is allotted to perfect the appeal the untranscribed notes created by the court reporter using computer-aided software.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 17.01, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter A. General Provisions › Article 42A.001. Definitions

In this chapter:
(1)  "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 during which:
(A)  criminal proceedings are deferred without an adjudication of guilt; or
(B)  a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part.
(2)  "Court" means a court of record having original criminal jurisdiction.
(3)  "Electronic monitoring" includes voice tracking systems, position tracking systems, position location systems, biometric tracking systems, and any other electronic or telecommunications system that may be used to assist in the supervision of defendants under this chapter.
(4)  "Supervision officer" means a person appointed or employed under Section 76.004, Government Code, to supervise defendants placed on community supervision.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter A. General Provisions › Article 42A.002. Reference in Law

A reference in a law to a statute or a part of a statute revised in this chapter by Chapter 770 (H.B. 2299), Acts of the 84th Legislature, Regular Session, 2015, is considered to be a reference to the part of this chapter that revises that statute or part of that statute.
Added by Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter B. Placement on Community Supervision › Article 42A.051. Authority to Grant Community Supervision, Impose or Modify Conditions, or Discharge Defendant

(a)  Unless the judge has transferred jurisdiction of the case to another court under Article 42A.151, only the court in which the defendant was tried may:
(1)  grant community supervision;
(2)  impose conditions; or
(3)  discharge the defendant.
(b)  The judge of the court having jurisdiction of the case may, at any time during the period of community supervision, modify the conditions of community supervision.  Except as provided by Article 42A.052(a), only the judge may modify the conditions.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter B. Placement on Community Supervision › Article 42A.052. Modification of Conditions by Supervision Officer or Magistrate

(a)  A judge who places a defendant on community supervision may authorize the supervision officer supervising the defendant or a magistrate appointed by the district courts in the county that give preference to criminal cases to modify the conditions of community supervision for the limited purposes of:
(1)  transferring the defendant to different programs within the community supervision continuum of programs and sanctions; or
(2)  prioritizing the conditions ordered by the court according to the defendant's progress under supervision.
(b)  A supervision officer or magistrate who modifies the conditions of community supervision shall:
(1)  deliver a copy of the modified conditions to the defendant;
(2)  file a copy of the modified conditions with the sentencing court; and
(3)  note the date of delivery of the copy in the defendant's file.
(c)  If the defendant agrees to the modification in writing, the officer or magistrate shall file a copy of the modified conditions with the district clerk and the conditions shall be enforced as modified.  If the defendant does not agree to the modification in writing, the supervision officer or magistrate shall refer the case to the judge for modification in the manner provided by Article 42A.752.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter B. Placement on Community Supervision › Article 42A.053. Judge-Ordered Community Supervision

(a)  A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may:
(1)  suspend the imposition of the sentence and place the defendant on community supervision; or
(2)  impose a fine applicable to the offense and place the defendant on community supervision.
(b)  A judge may not deny community supervision to a defendant based solely on the defendant's inability to speak, read, write, hear, or understand English.
(c)  A defendant is not eligible for community supervision under this article if the defendant is sentenced to serve:
(1)  a term of imprisonment that exceeds 10 years; or
(2)  a term of confinement under Section 12.35, Penal Code.
(d)  In a felony case:
(1)  the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense; and
(2)  the maximum period of community supervision is:
(A)  10 years, for a felony other than a  third degree felony described by Paragraph (B); and
(B)  five years, for any of the following third degree felonies:
(i)  a third degree felony under Title 7, Penal Code; and
(ii)  a third degree felony under Chapter 481, Health and Safety Code.
(e)  Notwithstanding Subsection (d), the minimum period of community supervision under this article for a felony described by Article 42A.453(b) is five years.
(f)  The maximum period of community supervision in a misdemeanor case is two years.
(g)  Notwithstanding Subsection (d)(2) or (f), a judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter B. Placement on Community Supervision › Article 42A.055. Jury-Recommended Community Supervision

(a)  A jury that imposes confinement as punishment for an offense may recommend to the judge that the judge suspend the imposition of the sentence and place the defendant on community supervision.  A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict.
(b)  A defendant is eligible for community supervision under this article only if:
(1)  before the trial begins, the defendant files a written sworn motion with the judge that the defendant has not previously been convicted of a felony in this or any other state; and
(2)  the jury enters in the verdict a finding that the information contained in the defendant's motion is true.
(c)  If the jury recommends to the judge that the judge place the defendant on community supervision, the judge shall place the defendant on community supervision for any period permitted under Articles 42A.053(d) and (f), as appropriate.
(d)  A judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter B. Placement on Community Supervision › Article 42A.056. Limitation on Jury-Recommended Community Supervision

A defendant is not eligible for community supervision under Article 42A.055 if the defendant:
(1)  is sentenced to a term of imprisonment that exceeds 10 years;
(2)  is convicted of a state jail felony for which suspension of the imposition of the sentence occurs automatically under Article 42A.551;
(3)  is adjudged guilty of an offense under Section 19.02, Penal Code;
(4)  is convicted of an offense under Section 21.11, 22.011, or 22.021, Penal Code, if the victim of the offense was younger than 14 years of age at the time the offense was committed;
(5)  is convicted of an offense under Section 20.04, Penal Code, if:
(A)  the victim of the offense was younger than 14 years of age at the time the offense was committed; and
(B)  the actor committed the offense with the intent to violate or abuse the victim sexually;
(6)  is convicted of an offense under Section 20A.02, 20A.03, 43.04, 43.05, or 43.25, Penal Code;
(7)  is convicted of an offense for which punishment is increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections; or
(8)  is convicted of an offense under Section 481.1123, Health and Safety Code, if the offense is punishable under Subsection (d), (e), or (f) of that section.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1137 (H.B. 2758), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 14, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter B. Placement on Community Supervision › Article 42A.057. Minimum Period of Community Supervision for Certain Burglaries of Vehicles

The minimum period of community supervision for an offense under Section 30.04, Penal Code, punishable as a Class A misdemeanor with a minimum term of confinement of six months is one year.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter B. Placement on Community Supervision › Article 42A.058. Information Provided to Defendant Placed on Community Supervision

A judge placing a defendant on community supervision shall inform the defendant in writing and on a form prescribed by the Office of Court Administration of the Texas Judicial System that, after satisfactorily fulfilling the conditions of community supervision and on expiration of the period of community supervision, the judge is authorized to release the defendant from the penalties and disabilities resulting from the offense as provided by Article 42A.701(f).
Added by Acts 2017, 85th Leg., R.S., Ch. 1017 (H.B. 1507), Sec. 2, eff. September 1, 2017.
Text of article effective on March 05, 2024
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter B. Placement on Community Supervision › Article 42A.059. Placement on Community Supervision Prohibited for Certain Offenses Involving Illegal Entry Into This State

Notwithstanding any other provision of this chapter, a defendant is not eligible for community supervision, including deferred adjudication community supervision, under this chapter if the defendant is charged with or convicted of an offense under Chapter 51, Penal Code.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 4, eff. March 5, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter C. Deferred Adjudication Community Supervision › Article 42A.101. Placement on Deferred Adjudication Community Supervision

(a)  Except as provided by Article 42A.102(b), if in the judge's opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant's guilt, defer further proceedings without entering an adjudication of guilt and place the defendant on deferred adjudication community supervision.
(b)  After placing the defendant on deferred adjudication community supervision under Subsection (a), the judge shall inform the defendant orally or in writing of the possible consequences under Articles 42A.108 and 42A.110 of a violation of a condition of deferred adjudication community supervision.  If the information is provided orally, the judge must record and maintain the judge's statement to the defendant. The failure of a judge to inform a defendant of possible consequences under Articles 42A.108 and 42A.110 is not a ground for reversal unless the defendant shows that the defendant was harmed by the failure of the judge to provide the information.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter C. Deferred Adjudication Community Supervision › Article 42A.103. Period of Deferred Adjudication Community Supervision

(a) In a felony case, the period of deferred adjudication community supervision may not exceed 10 years.  For a defendant charged with a felony under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, and for a defendant charged with a felony described by Article 42A.453(b), the period of deferred adjudication community supervision may not be less than five years.
(b)  In a misdemeanor case, the period of deferred adjudication community supervision may not exceed two years.
(c)  A judge may extend the maximum period of deferred adjudication community supervision in the manner provided by Article 42A.753 or 42A.757.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter C. Deferred Adjudication Community Supervision › Article 42A.104. Conditions of Deferred Adjudication Community Supervision; Imposition of Fine

(a) The judge may impose a fine applicable to the offense and require any reasonable condition of deferred adjudication community supervision that a judge could impose on a defendant placed on community supervision for a conviction that was probated and suspended, including:
(1)  confinement; and
(2)  mental health treatment under Article 42A.506.
(b)  The provisions of Subchapter L specifying whether a defendant convicted of a state jail felony is to be confined in a county jail or state jail felony facility and establishing the minimum and maximum terms of confinement as a condition of community supervision apply in the same manner to a defendant placed on deferred adjudication community supervision after pleading guilty or nolo contendere to a state jail felony.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.257. Evaluation for Purposes of Alcohol or Drug Rehabilitation

(a)  The judge shall direct a supervision officer approved by the community supervision and corrections department or the judge, or a person, program, or other agency approved by the Department of State Health Services, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report the results of that evaluation to the judge, if:
(1)  the judge determines that alcohol or drug abuse may have contributed to the commission of the offense; or
(2)  the case involves a second or subsequent offense under:
(A)  Section 49.04, Penal Code, if the offense was committed within five years of the date on which the most recent preceding offense was committed; or
(B)  Section 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle and was committed within five years of the date on which the most recent preceding offense was committed.
(b)  The evaluation must be made:
(1)  after arrest and before conviction, if requested by the defendant;
(2)  after conviction and before sentencing, if the judge assesses punishment in the case;
(3)  after sentencing and before the entry of a final judgment, if the jury assesses punishment in the case; or
(4)  after community supervision is granted, if the evaluation is required as a condition of community supervision under Article 42A.402.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 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.258. Evaluation for Purposes of Sex Offender Treatment, Specialized Supervision, or Rehabilitation

(a)  If the defendant is a sex offender, the judge shall direct a supervision officer approved by the community supervision and corrections department or the judge, or a person, program, or other agency approved by the council, to:
(1)  evaluate the appropriateness of, and a course of conduct necessary for, treatment, specialized supervision, or rehabilitation of the defendant; and
(2)  report the results of the evaluation to the judge.
(b)  The judge may require the evaluation to use offense-specific standards of practice adopted by the council and may require the report to reflect those standards.
(c)  The evaluation must be made:
(1)  after arrest and before conviction, if requested by the defendant; or
(2)  after conviction and before the entry of a final judgment.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.