84R9841 KEL-D
	By: Riddle	H.B. No. 2299

	A BILL TO BE ENTITLED
	AN ACT
	relating to the nonsubstantive revision of certain laws concerning
	community supervision granted in criminal cases, including
	conforming amendments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. NONSUBSTANTIVE REVISION OF COMMUNITY SUPERVISION LAWS
	SECTION 1.01.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 42A to read as follows:
	CHAPTER 42A.  COMMUNITY SUPERVISION
	SUBCHAPTER A.  GENERAL PROVISIONS
	Art. 42A.001.  DEFINITIONS
	SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
	Art. 42A.051.  AUTHORITY TO GRANT COMMUNITY
	SUPERVISION, IMPOSE OR MODIFY
	CONDITIONS, OR DISCHARGE DEFENDANT
	Art. 42A.052.  MODIFICATION OF CONDITIONS BY
	SUPERVISION OFFICER OR MAGISTRATE
	Art. 42A.053.  JUDGE-ORDERED COMMUNITY SUPERVISION
	Art. 42A.054.  LIMITATION ON JUDGE-ORDERED COMMUNITY
	SUPERVISION
	Art. 42A.055.  JURY-RECOMMENDED COMMUNITY SUPERVISION
	Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
	SUPERVISION
	Art. 42A.057.  MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
	CERTAIN BURGLARIES OF VEHICLES
	SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
	Art. 42A.101.  PLACEMENT ON DEFERRED ADJUDICATION
	COMMUNITY SUPERVISION
	Art. 42A.102.  ELIGIBILITY FOR DEFERRED ADJUDICATION
	COMMUNITY SUPERVISION
	Art. 42A.103.  PERIOD OF DEFERRED ADJUDICATION
	COMMUNITY SUPERVISION
	Art. 42A.104.  CONDITIONS OF DEFERRED ADJUDICATION
	COMMUNITY SUPERVISION; IMPOSITION OF
	FINE
	Art. 42A.105.  AFFIRMATIVE FINDINGS
	Art. 42A.106.  RECORD NOT CONFIDENTIAL; RIGHT TO
	PETITION FOR ORDER OF NONDISCLOSURE
	Art. 42A.107.  REQUEST FOR FINAL ADJUDICATION
	Art. 42A.108.  VIOLATION OF CONDITION OF DEFERRED
	ADJUDICATION COMMUNITY SUPERVISION;
	HEARING
	Art. 42A.109.  DUE DILIGENCE DEFENSE
	Art. 42A.110.  PROCEEDINGS AFTER ADJUDICATION
	Art. 42A.111.  DISMISSAL AND DISCHARGE
	SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
	Art. 42A.151.  TRANSFER OF JURISDICTION
	Art. 42A.152.  ISSUANCE OF WARRANT BY COURT HAVING
	GEOGRAPHICAL JURISDICTION
	Art. 42A.153.  CHANGE OF RESIDENCE WITHIN THE STATE
	Art. 42A.154.  LEAVING THE STATE
	SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
	JURISDICTION
	Art. 42A.201.  CONTINUING JURISDICTION IN MISDEMEANOR
	CASES
	Art. 42A.202.  CONTINUING JURISDICTION IN FELONY CASES
	Art. 42A.203.  AUTHORITY TO SUSPEND EXECUTION OF SENTENCE
	IN FELONY CASES
	Art. 42A.204.  PARTIAL EXECUTION OF SENTENCE: FIREARM
	USED OR EXHIBITED
	SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
	Art. 42A.251.  DEFINITIONS
	Art. 42A.252.  PRESENTENCE REPORT REQUIRED
	Art. 42A.253.  CONTENTS OF PRESENTENCE REPORT
	Art. 42A.254.  INSPECTION BY JUDGE; DISCLOSURE OF
	CONTENTS
	Art. 42A.255.  INSPECTION AND COMMENT BY DEFENDANT;
	ACCESS TO INFORMATION BY STATE
	Art. 42A.256.  RELEASE OF INFORMATION TO SUPERVISION
	OFFICER; CONFIDENTIALITY OF REPORT
	Art. 42A.257.  EVALUATION FOR PURPOSES OF ALCOHOL OR
	DRUG REHABILITATION
	Art. 42A.258.  EVALUATION FOR PURPOSES OF SEX OFFENDER
	TREATMENT, SPECIALIZED SUPERVISION, OR
	REHABILITATION
	Art. 42A.259.  POSTSENTENCE REPORT
	SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
	Art. 42A.301.  BASIC DISCRETIONARY CONDITIONS
	Art. 42A.302.  CONFINEMENT
	Art. 42A.303.  SUBSTANCE ABUSE FELONY PROGRAM
	Art. 42A.304.  COMMUNITY SERVICE
	Art. 42A.305.  COMMUNITY OUTREACH
	Art. 42A.306.  SUPERVISION OF DEFENDANT FROM OUT OF
	STATE
	Art. 42A.307.  ORCHIECTOMY PROHIBITED
	SUBCHAPTER H.  MANDATORY CONDITIONS GENERALLY
	Art. 42A.351.  EDUCATIONAL SKILL LEVEL
	Art. 42A.352.  DNA SAMPLE
	SUBCHAPTER I.  CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
	OFFENSES
	Art. 42A.401.  CONFINEMENT AS CONDITION OF COMMUNITY
	SUPERVISION FOR CERTAIN INTOXICATION
	OFFENSES
	Art. 42A.402.  DRUG OR ALCOHOL DEPENDENCE EVALUATION
	AND REHABILITATION
	Art. 42A.403.  EDUCATIONAL PROGRAM FOR CERTAIN
	INTOXICATION OFFENDERS; WAIVER OR
	EXTENSION OF TIME
	Art. 42A.404.  EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
	INTOXICATION OFFENDERS; WAIVER
	Art. 42A.405.  RULES FOR AND ADMINISTRATION OF
	EDUCATIONAL PROGRAMS
	Art. 42A.406.  EFFECT OF EDUCATIONAL PROGRAM
	REQUIREMENTS ON DRIVING RECORD AND
	LICENSE
	Art. 42A.407.  SUSPENSION OF DRIVER'S LICENSE
	Art. 42A.408.  USE OF IGNITION INTERLOCK DEVICE
	Art. 42A.409.  COMMUNITY SUPERVISION FOR ENHANCED
	PUBLIC INTOXICATION OFFENSE
	SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
	Art. 42A.451.  SEX OFFENDER REGISTRATION; DNA SAMPLE
	Art. 42A.452.  TREATMENT, SPECIALIZED SUPERVISION, OR
	REHABILITATION
	Art. 42A.453.  CHILD SAFETY ZONE
	Art. 42A.454.  CERTAIN INTERNET ACTIVITY PROHIBITED
	Art. 42A.455.  PAYMENT TO CHILDREN'S ADVOCACY CENTER
	SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
	OFFENDERS
	Art. 42A.501.  COMMUNITY SUPERVISION FOR OFFENSE
	COMMITTED BECAUSE OF BIAS OR PREJUDICE
	Art. 42A.502.  COMMUNITY SUPERVISION FOR CERTAIN
	VIOLENT OFFENSES; CHILD SAFETY ZONE
	Art. 42A.503.  COMMUNITY SUPERVISION FOR CERTAIN CHILD
	ABUSE OFFENSES; PROHIBITED CONTACT
	WITH VICTIM
	Art. 42A.504.  COMMUNITY SUPERVISION FOR CERTAIN
	OFFENSES INVOLVING FAMILY VIOLENCE;
	SPECIAL CONDITIONS
	Art. 42A.505.  COMMUNITY SUPERVISION FOR STALKING
	OFFENSE; PROHIBITED CONTACT WITH
	VICTIM
	Art. 42A.506.  COMMUNITY SUPERVISION FOR DEFENDANT WITH
	MENTAL IMPAIRMENT
	Art. 42A.507.  COMMUNITY SUPERVISION FOR CERTAIN
	DEFENDANTS IDENTIFIED AS MEMBERS OF
	CRIMINAL STREET GANGS; ELECTRONIC
	MONITORING
	Art. 42A.508.  COMMUNITY SUPERVISION FOR CERTAIN
	ORGANIZED CRIME OFFENSES; RESTRICTIONS
	ON OPERATION OF MOTOR VEHICLE
	Art. 42A.509.  COMMUNITY SUPERVISION FOR GRAFFITI
	OFFENSE
	Art. 42A.510.  COMMUNITY SUPERVISION FOR ENHANCED
	DISORDERLY CONDUCT OFFENSE
	Art. 42A.511.  COMMUNITY SUPERVISION FOR CERTAIN
	OFFENSES INVOLVING ANIMALS
	Art. 42A.512.  COMMUNITY SUPERVISION FOR ELECTRONIC
	TRANSMISSION OF CERTAIN VISUAL
	MATERIAL
	Art. 42A.513.  COMMUNITY SUPERVISION FOR MAKING FIREARM
	ACCESSIBLE TO CHILD
	SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
	Art. 42A.551.  PLACEMENT ON COMMUNITY SUPERVISION;
	EXECUTION OF SENTENCE
	Art. 42A.552.  REVIEW OF PRESENTENCE REPORT
	Art. 42A.553.  MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
	SUPERVISION; EXTENSION
	Art. 42A.554.  CONDITIONS OF COMMUNITY SUPERVISION
	Art. 42A.555.  CONFINEMENT AS A CONDITION OF COMMUNITY
	SUPERVISION
	Art. 42A.556.  SANCTIONS IMPOSED ON MODIFICATION OF
	COMMUNITY SUPERVISION
	Art. 42A.557.  REPORT BY DIRECTOR OF FACILITY
	Art. 42A.558.  REVOCATION; OPTIONS REGARDING EXECUTION
	OF SENTENCE
	Art. 42A.559.  CREDITS FOR TIME SERVED
	Art. 42A.560.  MEDICAL RELEASE
	Art. 42A.561.  MEDICAL RELEASE
	SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
	Art. 42A.601.  DEFINITION
	Art. 42A.602.  MAXIMUM TERM OR TERMS OF CONFINEMENT
	Art. 42A.603.  EFFECT OF REVOCATION ON CREDIT FOR TIME
	SPENT IN FACILITY
	Art. 42A.604.  EVALUATION OF DEFENDANT'S BEHAVIOR AND
	ATTITUDE
	Art. 42A.605.  PLACEMENT IN COMMUNITY SERVICE PROJECT
	Art. 42A.606.  CONFINEMENT REQUIRED; EXCEPTIONS
	Art. 42A.607.  DISPOSITION OF SALARY
	SUBCHAPTER N. PAYMENTS; FEES
	Art. 42A.651.  PAYMENT AS CONDITION OF COMMUNITY
	SUPERVISION
	Art. 42A.652.  MONTHLY FEE
	Art. 42A.653.  ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
	OFFENDERS
	Art. 42A.654.  FEES DUE ON CONVICTION
	Art. 42A.655.  ABILITY TO PAY
	SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
	PERIOD
	Art. 42A.701.  REDUCTION OR TERMINATION OF COMMUNITY
	SUPERVISION PERIOD
	Art. 42A.702.  TIME CREDITS FOR COMPLETION OF CERTAIN
	CONDITIONS OF COMMUNITY SUPERVISION
	SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
	Art. 42A.751.  VIOLATION OF CONDITIONS OF COMMUNITY
	SUPERVISION; DETENTION AND HEARING
	Art. 42A.752.  CONTINUATION OR MODIFICATION OF
	COMMUNITY SUPERVISION AFTER VIOLATION
	Art. 42A.753.  EXTENSION OF COMMUNITY SUPERVISION AFTER
	VIOLATION
	Art. 42A.754.  AUTHORITY TO REVOKE COMMUNITY
	SUPERVISION
	Art. 42A.755.  REVOCATION OF COMMUNITY SUPERVISION
	Art. 42A.756.  DUE DILIGENCE DEFENSE
	Art. 42A.757.  EXTENSION OF COMMUNITY SUPERVISION FOR
	CERTAIN SEX OFFENDERS
	CHAPTER 42A.  COMMUNITY SUPERVISION
	SUBCHAPTER A.  GENERAL PROVISIONS
	Art. 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.  (Code Crim. Proc.,
	Art. 42.12, Sec. 2.)
	SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
	Art. 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.
	(Code Crim. Proc., Art. 42.12, Secs. 10(a) (part), 11(a) (part).)
	Art. 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
	purpose of transferring the defendant to different programs within
	the community supervision continuum of programs and sanctions.
	(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.  (Code Crim. Proc., Art. 42.12, Secs.
	10(d), (e).)
	Art. 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. (Code Crim. Proc., Art.
	42.12, Secs. 3(a), (b), (c), (d), (e), (f), (g).)
	Art. 42A.054.  LIMITATION ON JUDGE-ORDERED COMMUNITY
	SUPERVISION. (a) Article 42A.053 does not apply to a defendant
	adjudged guilty of an offense under:
	(1)  Section 15.03, Penal Code, if the offense is
	punishable as a felony of the first degree;
	(2)  Section 19.02, Penal Code (Murder);
	(3)  Section 19.03, Penal Code (Capital Murder);
	(4)  Section 20.04, Penal Code (Aggravated
	Kidnapping);
	(5)  Section 20A.02, Penal Code (Trafficking of
	Persons);
	(6)  Section 21.11(a)(1), Penal Code (Indecency with a
	Child);
	(7)  Section 22.011, Penal Code (Sexual Assault);
	(8)  Section 22.021, Penal Code (Aggravated Sexual
	Assault);
	(9)  Section 22.04(a)(1), Penal Code (Injury to a
	Child, Elderly Individual, or Disabled Individual), if:
	(A)  the offense is punishable as a felony of the
	first degree; and
	(B)  the victim of the offense is a child;
	(10)  Section 29.03, Penal Code (Aggravated Robbery);
	(11)  Section 30.02, Penal Code (Burglary), if:
	(A)  the offense is punishable under Subsection
	(d) of that section; and
	(B)  the actor committed the offense with the
	intent to commit a felony under Section 21.02, 21.11, 22.011,
	22.021, or 25.02, Penal Code;
	(12)  Section 43.05, Penal Code (Compelling
	Prostitution);
	(13)  Section 43.25, Penal Code (Sexual Performance by
	a Child); or
	(14)  Chapter 481, Health and Safety Code, for which
	punishment is increased under:
	(A)  Section 481.140 of that code (Use of Child in
	Commission of Offense); or
	(B)  Section 481.134(c), (d), (e), or (f) of that
	code (Drug-free Zones) if it is shown that the defendant has been
	previously convicted of an offense for which punishment was
	increased under any of those subsections.
	(b)  Article 42A.053 does not apply to a defendant when it is
	shown that:
	(1)  a deadly weapon as defined by Section 1.07, Penal
	Code, was used or exhibited during the:
	(A)  commission of a felony offense; or
	(B)  immediate flight from the commission of a
	felony offense; and
	(2)  the defendant:
	(A)  used or exhibited the deadly weapon; or
	(B)  was a party to the offense and knew that a
	deadly weapon would be used or exhibited.
	(c)  On an affirmative finding regarding the use or
	exhibition of a deadly weapon as described by Subsection (b), the
	trial court shall enter the finding in the judgment of the court.
	(d)  On an affirmative finding that the deadly weapon under
	Subsection (c) was a firearm, the court shall enter that finding in
	its judgment. (Code Crim. Proc., Art. 42.12, Sec. 3g(a).)
	Art. 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.
	(Code Crim. Proc., Art. 42.12, Secs. 4(a), (b), (c), (d) (part),
	(e).)
	Art. 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(a)(1), 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,
	43.05, or 43.25, Penal Code; or
	(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.  (Code Crim. Proc., Art. 42.12, Sec. 4(d)
	(part).)
	Art. 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.  (Code Crim. Proc., Art.
	42.12, Secs. 3(h), 4(f).)
	SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
	Art. 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. (Code Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
	Art. 42A.102.  ELIGIBILITY FOR DEFERRED ADJUDICATION
	COMMUNITY SUPERVISION. (a) A judge may place on deferred
	adjudication community supervision a defendant charged with an
	offense under Section 21.11, 22.011, or 22.021, Penal Code,
	regardless of the age of the victim, or a defendant charged with a
	felony described by Article 42A.453(b) only if the judge makes a
	finding in open court that placing the defendant on deferred
	adjudication community supervision is in the best interest of the
	victim. The failure of the judge to make a finding under this
	subsection is not grounds for the defendant to set aside the plea,
	deferred adjudication, or any subsequent conviction or sentence.
	(b)  In all other cases, the judge may grant deferred
	adjudication community supervision unless:
	(1)  the defendant is charged with an offense:
	(A)  under Sections 49.04-49.08, Penal Code; or
	(B)  for which punishment may be 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 one of those
	subsections;
	(2)  the defendant:
	(A)  is charged with an offense under Section
	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
	victim, or a felony described by Article 42A.453(b); and
	(B)  has previously been placed on community
	supervision for an offense under Paragraph (A);
	(3)  the defendant is charged with an offense under:
	(A)  Section 21.02, Penal Code; or
	(B)  Section 22.021, Penal Code, that is
	punishable under Subsection (f) of that section or under Section
	12.42(c)(3) or (4), Penal Code; or
	(4)  the defendant is charged with an offense under
	Section 19.02, Penal Code, except that the judge may grant deferred
	adjudication community supervision on determining that the
	defendant did not cause the death of the deceased, did not intend to
	kill the deceased or another, and did not anticipate that a human
	life would be taken. (Code Crim. Proc., Art. 42.12, Secs. 5(a)
	(part), (d).)
	Art. 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.  (Code Crim. Proc., Art. 42.12, Sec.
	5(a) (part).)
	Art. 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. (Code
	Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
	Art. 42A.105.  AFFIRMATIVE FINDINGS.  (a)  If a judge places
	on deferred adjudication community supervision a defendant charged
	with a sexually violent offense, as defined by Article 62.001, the
	judge shall make an affirmative finding of fact and file a statement
	of that affirmative finding with the papers in the case if the judge
	determines that the victim or intended victim was younger than 14
	years of age at the time of the offense.
	(b)  If a judge places on deferred adjudication community
	supervision a defendant charged with an offense under Section
	20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
	solicitation to commit one of those offenses, the judge shall make
	an affirmative finding of fact and file a statement of that
	affirmative finding with the papers in the case if the judge
	determines that the victim or intended victim was younger than 17
	years of age at the time of the offense.
	(c)  If a judge places on deferred adjudication community
	supervision a defendant charged with an offense under Section 21.11
	or 22.011, Penal Code, the judge shall make an affirmative finding
	of fact and file a statement of that affirmative finding with the
	papers in the case if the judge determines that:
	(1)  at the time of the offense, the defendant was not
	more than four years older than the victim or intended victim and
	the victim or intended victim was at least 15 years of age; and
	(2)  the charge to which the plea is entered under this
	subchapter is based solely on the ages of the defendant and the
	victim or intended victim at the time of the offense.
	(d)  If a judge places a defendant on deferred adjudication
	community supervision, on the motion of the attorney representing
	the state the judge shall make an affirmative finding of fact and
	file a statement of that affirmative finding with the papers in the
	case if the judge determines that, regardless of whether the
	conduct at issue is the subject of the prosecution or part of the
	same criminal episode as the conduct that is the subject of the
	prosecution, a victim in the trial:
	(1)  is or has been a victim of a severe form of
	trafficking in persons, as defined by 22 U.S.C. Section 7102(9); or
	(2)  has suffered substantial physical or mental abuse
	as a result of having been a victim of criminal activity described
	by 8 U.S.C. Section 1101(a)(15)(U)(iii).
	(e)  The part of the papers in the case containing an
	affirmative finding under Subsection (d):
	(1)  must include specific information identifying the
	victim, as available;
	(2)  may not include information identifying the
	victim's location; and
	(3)  is confidential, unless written consent for the
	release of the affirmative finding is obtained from the victim or,
	if the victim is younger than 18 years of age, the victim's parent
	or guardian. (Code Crim. Proc., Art. 42.12, Secs. 5(e), (g), (i),
	(j).)
	Art. 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 petition the court for an order of
	nondisclosure under Section 411.081, Government Code, unless the
	defendant is ineligible to pursue that right 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. (Code Crim.
	Proc., Art. 42.12, Secs. 5(a-1), (f).)
	Art. 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. (Code Crim. Proc., Art. 42.12,
	Sec. 5(a) (part).)
	Art. 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.
	(Code Crim. Proc., Art. 42.12, Secs. 5(b) (part), (h).)
	Art. 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. (Code Crim. Proc.,
	Art. 42.12, Sec. 24 (part).)
	Art. 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.
	(Code Crim. Proc., Art. 42.12, Sec. 5(b) (part).)
	Art. 42A.111.  DISMISSAL AND DISCHARGE. (a) On expiration of
	a period of deferred adjudication community supervision imposed
	under this subchapter, if the judge has not proceeded to an
	adjudication of guilt, the judge shall dismiss the proceedings
	against the defendant and discharge the defendant.
	(b)  The judge may dismiss the proceedings and discharge a
	defendant before the expiration of the period of deferred
	adjudication community supervision if, in the judge's opinion, the
	best interest of society and the defendant will be served, except
	that the judge may not dismiss the proceedings and discharge a
	defendant charged with an offense requiring the defendant to
	register as a sex offender under Chapter 62.
	(c)  Except as provided by Section 12.42(g), Penal Code, a
	dismissal and discharge under this article may not be considered a
	conviction for the purposes of disqualifications or disabilities
	imposed by law for conviction of an offense.
	(d)  For any defendant who receives a dismissal and discharge
	under this article:
	(1)  on conviction of a subsequent offense, the fact
	that the defendant previously has received deferred adjudication
	community supervision is admissible before the court or jury for
	consideration on the issue of penalty;
	(2)  if the defendant is an applicant for or the holder
	of a license under Chapter 42, Human Resources Code, the Department
	of Family and Protective Services may consider the fact that the
	defendant previously has received deferred adjudication community
	supervision in issuing, renewing, denying, or revoking a license
	under that chapter; and
	(3)  if the defendant is an applicant for or the holder
	of a license to provide mental health or medical services for the
	rehabilitation of sex offenders, the Council on Sex Offender
	Treatment may consider the fact that the defendant previously has
	received deferred adjudication community supervision in issuing,
	renewing, denying, or revoking a license issued by that council.
	(e)  A judge who dismisses the proceedings against a
	defendant and discharges the defendant under this article shall:
	(1)  provide the defendant with a copy of the order of
	dismissal and discharge; and
	(2)  if applicable, inform the defendant of the
	defendant's eligibility to petition the court for an order of
	nondisclosure under Section 411.081, Government Code, and the
	earliest date the defendant is eligible to file the petition for the
	order of nondisclosure. (Code Crim. Proc., Art. 42.12, Secs. 5(c),
	(c-1).)
	SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
	Art. 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. (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part),
	(b).)
	Art. 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. (Code Crim. Proc., Art. 42.12, Sec.
	10(c).)
	Art. 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. (Code Crim. Proc., Art. 42.12, Sec.
	17(a).)
	Art. 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. (Code
	Crim. Proc., Art. 42.12, Sec. 17(b).)
	SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
	JURISDICTION
	Art. 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. (Code Crim. Proc., Art. 42.12, Sec. 7.)
	Art. 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. (Code Crim. Proc.,
	Art. 42.12, Sec. 6.)
	Art. 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. (Code Crim. Proc.,
	Art. 42.12, Sec. 10(a) (part).)
	Art. 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. (Code Crim.
	Proc., Art. 42.12, Secs. 3g(b), 4(b) (part).)
	SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
	Art. 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).  (Code Crim. Proc., Art. 42.12, Sec. 9A(a).)
	Art. 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.
	(Code Crim. Proc., Art. 42.12, Secs. 9(a) (part), (b), (g).)
	Art. 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.  (Code Crim. Proc., Art. 42.12, Secs.
	9(a) (part), (i), (l).)
	Art. 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.  (Code Crim. Proc., Art. 42.12, Sec. 9(c).)
	Art. 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. (Code Crim. Proc., Art. 42.12, Secs. 9(d), (e),
	(f).)
	Art. 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.  (Code Crim. Proc., Art. 42.12,
	Secs. 9(j), 9A(b).)
	Art. 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. (Code Crim. Proc., Art. 42.12, Sec. 9(h).)
	Art. 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. (Code Crim. Proc., Art. 42.12, Sec. 9A(c).)
	Art. 42A.259.  POSTSENTENCE REPORT. (a)  If a presentence
	report in a felony case is not required under Article 42A.252(c),
	the judge may direct a supervision officer to prepare a
	postsentence report containing the same information that would have
	been required for the presentence report, other than a proposed
	supervision plan and any information that is reflected in the
	judgment.
	(b)  If a postsentence report is ordered, the supervision
	officer shall send the report to the clerk of the court not later
	than the 30th day after the date on which sentence is pronounced or
	deferred adjudication community supervision is granted.  The clerk
	shall deliver the postsentence report with the papers in the case to
	a designated officer of the Texas Department of Criminal Justice,
	to the extent required by Section 8(a), Article 42.09. (Code Crim.
	Proc., Art. 42.12, Sec. 9(k).)
	SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
	Art. 42A.301.  BASIC DISCRETIONARY CONDITIONS. The judge of
	the court having jurisdiction of the case shall determine the
	conditions of community supervision. The judge may impose any
	reasonable condition that is designed to protect or restore the
	community, protect or restore the victim, or punish, rehabilitate,
	or reform the defendant.  Conditions of community supervision may
	include conditions requiring the defendant to:
	(1)  commit no offense against the laws of this state or
	of any other state or of the United States;
	(2)  avoid injurious or vicious habits;
	(3)  avoid persons or places of disreputable or harmful
	character, including any person, other than a family member of the
	defendant, who is an active member of a criminal street gang;
	(4)  report to the supervision officer as directed by
	the judge or supervision officer and obey all rules and regulations
	of the community supervision and corrections department;
	(5)  permit the supervision officer to visit the
	defendant at the defendant's home or elsewhere;
	(6)  work faithfully at suitable employment to the
	extent possible;
	(7)  remain within a specified place;
	(8)  pay in one or more amounts:
	(A)  the defendant's fine, if one is assessed; and
	(B)  all court costs, regardless of whether a fine
	is assessed;
	(9)  support the defendant's dependents;
	(10)  participate, for a period specified by the judge,
	in any community-based program, including a community service
	project under Article 42A.304;
	(11)  reimburse the county in which the prosecution was
	instituted as follows:
	(A)  if counsel was appointed, an amount for
	compensation paid to appointed counsel for defending the defendant
	in the case; or
	(B)  if the defendant was represented by a public
	defender's office, an amount that would have been paid to an
	appointed attorney had the county not had a public defender's
	office;
	(12)  if under custodial supervision in a community
	corrections facility:
	(A)  remain under that supervision;
	(B)  obey all rules and regulations of the
	facility; and
	(C)  pay a percentage of the defendant's income
	to:
	(i)  the facility for room and board; and
	(ii)  the defendant's dependents for their
	support during the period of custodial supervision;
	(13)  submit to testing for alcohol or controlled
	substances;
	(14)  attend counseling sessions for substance abusers
	or participate in substance abuse treatment services in a program
	or facility approved or licensed by the Department of State Health
	Services;
	(15)  with the consent of the victim of a misdemeanor
	offense or of any offense under Title 7, Penal Code, participate in
	victim-defendant mediation;
	(16)  submit to electronic monitoring;
	(17)  reimburse the compensation to victims of crime
	fund for any amounts paid from that fund to or on behalf of a victim,
	as defined by Article 56.32, of the offense or if no reimbursement
	is required, make one payment to the compensation to victims of
	crime fund in an amount not to exceed $50 if the offense is a
	misdemeanor or not to exceed $100 if the offense is a felony;
	(18)  reimburse a law enforcement agency for the
	analysis, storage, or disposal of raw materials, controlled
	substances, chemical precursors, drug paraphernalia, or other
	materials seized in connection with the offense;
	(19)  pay all or part of the reasonable and necessary
	costs incurred by the victim for psychological counseling made
	necessary by the offense or for counseling and education relating
	to acquired immune deficiency syndrome or human immunodeficiency
	virus made necessary by the offense;
	(20)  make one payment in an amount not to exceed $50 to
	a crime stoppers organization, as defined by Section 414.001,
	Government Code, and as certified by the Texas Crime Stoppers
	Council;
	(21)  submit a DNA sample to the Department of Public
	Safety under Subchapter G, Chapter 411, Government Code, for the
	purpose of creating a DNA record of the defendant;
	(22)  in any manner required by the judge, provide in
	the county in which the offense was committed public notice of the
	offense for which the defendant was placed on community
	supervision; and
	(23)  reimburse the county in which the prosecution was
	instituted for compensation paid to any interpreter in the case.
	(Code Crim. Proc., Art. 42.12, Sec. 11(a) (part).)
	Art. 42A.302.  CONFINEMENT. (a) If a judge having
	jurisdiction of a case requires as a condition of community
	supervision that the defendant submit to a term of confinement in a
	county jail, the term of confinement may not exceed:
	(1)  30 days, in a misdemeanor case; or
	(2)  180 days, in a felony case.
	(b)  A judge who requires as a condition of community
	supervision that the defendant serve a term of confinement in a
	community corrections facility under Subchapter M may not impose a
	term of confinement under this article that, if added to the term
	imposed under Subchapter M, exceeds 24 months.
	(c)  A judge may impose a term of confinement as a condition
	of community supervision under this article on placing the
	defendant on supervision or at any time during the supervision
	period. The judge may impose terms of confinement as a condition of
	community supervision in increments smaller than the maximum terms
	provided by Subsection (a), except that the judge may not impose
	terms of confinement that, if added together, exceed the maximum
	terms provided by Subsection (a). (Code Crim. Proc., Art. 42.12,
	Sec. 12.)
	Art. 42A.303.  SUBSTANCE ABUSE FELONY PROGRAM. (a)  If a
	court places a defendant on community supervision under any
	provision of this chapter as an alternative to imprisonment, the
	judge may require as a condition of community supervision that the
	defendant serve a term of confinement and treatment in a substance
	abuse felony punishment facility operated by the Texas Department
	of Criminal Justice under Section 493.009, Government Code.
	(b)  A term of confinement and treatment imposed under this
	article must be an indeterminate term of not more than one year or
	less than 90 days.
	(c)  The judge may impose the condition of community
	supervision described by this article if:
	(1)  the defendant is charged with or convicted of a
	felony other than:
	(A)  a felony under Section 21.11, 22.011, or
	22.021, Penal Code; or
	(B)  criminal attempt of a felony under Section
	21.11, 22.011, or 22.021, Penal Code; and
	(2)  the judge makes an affirmative finding that:
	(A)  drug or alcohol abuse significantly
	contributed to the commission of the offense or violation of a
	condition of community supervision, as applicable; and
	(B)  the defendant is a suitable candidate for
	treatment, as determined by the suitability criteria established by
	the Texas Board of Criminal Justice under Section 493.009(b),
	Government Code.
	(d)  If a judge requires as a condition of community
	supervision that the defendant serve a term of confinement and
	treatment in a substance abuse felony punishment facility under
	this article, the judge shall also require as a condition of
	community supervision that on release from the facility the
	defendant:
	(1)  participate in a drug or alcohol abuse continuum
	of care treatment plan; and
	(2)  pay a fee in an amount established by the judge for
	residential aftercare required as part of the treatment plan.
	(e)  The Department of State Health Services shall develop
	the continuum of care treatment plan described by Subsection
	(d)(1).
	(f)  The clerk of a court that collects a fee imposed under
	Subsection (d)(2) shall deposit the fee to be sent to the
	comptroller as provided by Subchapter B, Chapter 133, Local
	Government Code, and the comptroller shall deposit the fee into the
	general revenue fund.  If the clerk does not collect a fee imposed
	under Subsection (d)(2), the clerk is not required to file any
	report required by the comptroller that relates to the collection
	of the fee. In establishing the amount of a fee under Subsection
	(d)(2), the judge shall consider fines, fees, and other necessary
	expenses for which the defendant is obligated. The judge may not:
	(1)  establish the fee in an amount that is greater than
	25 percent of the defendant's gross income while the defendant is a
	participant in residential aftercare; or
	(2)  require the defendant to pay the fee at any time
	other than a time at which the defendant is both employed and a
	participant in residential aftercare.  (Code Crim. Proc., Art.
	42.12, Sec. 14, as amended Acts 73rd Leg., R.S., Ch. 900; Acts 74th
	Leg., R.S., Chs. 76, 321; Acts 76th Leg., R.S., Ch. 1188; Acts 78th
	Leg., R.S., Chs. 209, 1310.)
	Art. 42A.304.  COMMUNITY SERVICE.  (a)  A judge may require
	as a condition of community supervision that the defendant work a
	specified number of hours at one or more community service projects
	for one or more organizations approved by the judge and designated
	by the department.  The judge may not require the defendant to work
	at a community service project if, as determined and noted on the
	community supervision order by the judge:
	(1)  the defendant is physically or mentally incapable
	of participating in the project;
	(2)  participating in the project will cause a hardship
	to the defendant or to the defendant's dependents;
	(3)  the defendant is to be confined in a substance
	abuse felony punishment facility as a condition of community
	supervision; or
	(4)  there is other good cause shown.
	(b)  The amount of community service work ordered by the
	judge may not exceed:
	(1)  1,000 hours for an offense classified as a first
	degree felony;
	(2)  800 hours for an offense classified as a second
	degree felony;
	(3)  600 hours for:
	(A)  an offense classified as a third degree
	felony; or
	(B)  an offense under Section 30.04, Penal Code,
	classified as a Class A misdemeanor;
	(4)  400 hours for an offense classified as a state jail
	felony;
	(5)  200 hours for:
	(A)  an offense classified as a Class A
	misdemeanor, other than an offense described by Subdivision (3)(B);
	or
	(B)  a misdemeanor for which the maximum
	permissible confinement, if any, exceeds six months or the maximum
	permissible fine, if any, exceeds $4,000; and
	(6)  100 hours for:
	(A)  an offense classified as a Class B
	misdemeanor; or
	(B)  a misdemeanor for which the maximum
	permissible confinement, if any, does not exceed six months and the
	maximum permissible fine, if any, does not exceed $4,000.
	(c)  A defendant required to perform community service under
	this article is not a state employee for the purposes of Chapter 501
	or 504, Labor Code.
	(d)  If the court makes an affirmative finding under Article
	42.014, the judge may order the defendant to perform community
	service under this article at a project designated by the judge that
	primarily serves the person or group who was the target of the
	defendant. If the judge orders community service under this
	subsection, the judge shall order the defendant to perform not less
	than:
	(1)  300 hours of service if the offense is classified
	as a felony; or
	(2)  100 hours of service if the offense is classified
	as a misdemeanor.
	(e)  A defendant required to perform community service under
	this article after conviction of an offense under Section 352.082,
	Local Government Code, shall perform 60 hours of service.  The
	community service must consist of picking up litter in the county in
	which the defendant resides or working at a recycling facility if a
	program for performing that type of service is available in the
	community in which the court is located.
	(f)  The judge may order a defendant to make a specified
	donation to a nonprofit food bank or food pantry in the community in
	which the defendant resides instead of requiring the defendant to
	work a specified number of hours at one or more community service
	projects under Subsection (a).  (Code Crim. Proc., Art. 42.12,
	Secs. 16(a), (b), (c), (d), (e), (f).)
	Art. 42A.305.  COMMUNITY OUTREACH. (a) This article
	applies only to a defendant placed on community supervision for an
	offense involving the possession, manufacture, or delivery of a
	controlled substance under Chapter 481, Health and Safety Code.
	(b)  If a judge orders a defendant to whom this article
	applies to perform community service, the judge may authorize the
	defendant to perform not more than 30 hours of community outreach
	under this article instead of performing hours of community
	service.
	(c)  Community outreach under this article must consist of
	working with a secondary school at the direction of the judge to
	educate students on the dangers and legal consequences of
	possessing, manufacturing, or delivering a controlled substance.
	(d)  A secondary school is not required to allow a defendant
	to perform community outreach at that school.
	(e)  The judge may not authorize the defendant to perform
	hours of community outreach under this article instead of
	performing hours of community service if:
	(1)  the defendant is physically or mentally incapable
	of participating in community outreach; or
	(2)  the defendant is subject to registration as a sex
	offender under Chapter 62.  (Code Crim. Proc., Art. 42.12, Sec.
	16(g).)
	Art. 42A.306.  SUPERVISION OF DEFENDANT FROM OUT OF STATE. A
	judge who receives a defendant for supervision as authorized by
	Section 510.017, Government Code, may impose on the defendant any
	term of community supervision authorized by this chapter. (Code
	Crim. Proc., Art. 42.12, Sec. 19(c) (part).)
	Art. 42A.307.  ORCHIECTOMY PROHIBITED. A judge may not
	require a defendant to undergo an orchiectomy as a condition of
	community supervision. (Code Crim. Proc., Art. 42.12, Sec. 11(f).)
	SUBCHAPTER H.  MANDATORY CONDITIONS GENERALLY
	Art. 42A.351.  EDUCATIONAL SKILL LEVEL.  (a)  If the judge or
	jury places a defendant on community supervision, the judge shall
	require the defendant to demonstrate to the court whether the
	defendant has an educational skill level that is equal to or greater
	than the average educational skill level of students who have
	completed the sixth grade in public schools in this state.
	(b)  If the judge determines that the defendant has not
	attained the educational skill level described by Subsection (a),
	the judge shall require as a condition of community supervision
	that the defendant attain that level of educational skill, unless
	the judge also determines that the defendant lacks the intellectual
	capacity or the learning ability to ever achieve that level of
	educational skill.  (Code Crim. Proc., Art. 42.12, Sec. 11(c).)
	Art. 42A.352.  DNA SAMPLE.  A judge granting community
	supervision to a defendant convicted of a felony shall require as a
	condition of community supervision that the defendant provide a DNA
	sample under Subchapter G, Chapter 411, Government Code, for the
	purpose of creating a DNA record of the defendant, unless the
	defendant has already submitted the required sample under other
	state law.  (Code Crim. Proc., Art. 42.12, Sec. 11(j).)
	SUBCHAPTER I.  CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
	OFFENSES
	Art. 42A.401.  CONFINEMENT AS CONDITION OF COMMUNITY
	SUPERVISION FOR CERTAIN INTOXICATION OFFENSES. (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 of continuous confinement
	in county jail if the defendant was punished under Section
	49.09(a), Penal Code;
	(2)  not less than five days of confinement in county
	jail if the defendant was punished under Section 49.09(a), Penal
	Code, and was subject to Section 49.09(h), Penal Code;
	(3)  not less than 10 days of confinement in county jail
	if the defendant was punished under Section 49.09(b), Penal Code;
	(4)  not less than 30 days of confinement in county jail
	if the defendant was convicted of an offense under Section 49.07,
	Penal Code; or
	(5)  a term of confinement of not less than 120 days if
	the defendant was convicted of an offense under Section 49.08,
	Penal Code.
	(b)  If a sentence of confinement is imposed on the
	revocation of community supervision, the term of confinement served
	under Subsection (a) may not be credited toward completion of the
	sentence imposed.  (Code Crim. Proc., Art. 42.12, Secs. 13(a)
	(part), (b), (e).)
	Art. 42A.402.  DRUG OR ALCOHOL DEPENDENCE EVALUATION AND
	REHABILITATION.  (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 an evaluation by a supervision officer or by a
	person, program, or facility approved by the Department of State
	Health Services 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.
	(b)  If the director of a facility to which a defendant is
	referred under Subsection (a) determines that the defendant is not
	making a good faith effort to participate in a program of
	rehabilitation, the director shall notify the judge who referred
	the defendant to the facility of that determination.
	(c)  If a judge requires as a condition of community
	supervision that the defendant participate in a prescribed course
	of conduct necessary for the rehabilitation of the defendant's drug
	or alcohol dependence condition, the judge shall require that the
	defendant pay for all or part of the cost of the rehabilitation
	based on the defendant's ability to pay. The judge, in the judge's
	discretion, may credit against the fine assessed the cost paid by
	the defendant. In determining a defendant's ability to pay the cost
	of rehabilitation under this subsection, the judge shall consider
	whether the defendant has insurance coverage that will pay for
	rehabilitation.
	(d)  A judge who grants community supervision to a defendant
	convicted of an offense under Sections 49.04-49.08, Penal Code,
	shall require, if the defendant has not submitted to an evaluation
	under Article 42A.257 before receiving community supervision, that
	the defendant submit to the evaluation as a condition of community
	supervision. If the evaluation indicates to the judge that the
	defendant needs treatment for drug or alcohol dependency, the judge
	shall require the defendant to submit to that treatment as a
	condition of community supervision in a program or facility that:
	(1)  is approved or licensed by the Department of State
	Health Services; or
	(2)  complies with standards established by the
	community justice assistance division of the Texas Department of
	Criminal Justice, after consultation by the division with the
	Department of State Health Services.  (Code Crim. Proc., Art.
	42.12, Secs. 13(a) (part), (c), (d), (f).)
	Art. 42A.403.  EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
	OFFENDERS; WAIVER OR EXTENSION OF TIME.  (a)  A judge who places on
	community supervision a defendant convicted of an offense under
	Sections 49.04-49.08, Penal Code, shall require as a condition of
	community supervision that the defendant attend and successfully
	complete, before the 181st day after the date community supervision
	is granted, an educational program designed to rehabilitate persons
	who have driven while intoxicated that is jointly approved by:
	(1)  the Department of State Health Services;
	(2)  the Department of Public Safety;
	(3)  the traffic safety section of the traffic
	operations division of the Texas Department of Transportation; and
	(4)  the community justice assistance division of the
	Texas Department of Criminal Justice.
	(b)  This article does not apply to a defendant if a jury
	recommends community supervision for the defendant and also
	recommends that the defendant's driver's license not be suspended.
	(c)  If the defendant by a motion in writing shows good
	cause, the judge may:
	(1)  waive the educational program requirement; or
	(2)  to enable the defendant to successfully complete
	the program, grant an extension of time that expires not later than
	the first anniversary of the beginning date of the defendant's
	community supervision.
	(d)  In determining good cause, the judge may consider but is
	not limited to:
	(1)  the defendant's school and work schedule;
	(2)  the defendant's health;
	(3)  the distance that the defendant must travel to
	attend an educational program; and
	(4)  the fact that the defendant resides out of state,
	does not have a valid driver's license, or does not have access to
	transportation.
	(e)  The judge shall set out the finding of good cause for
	waiver in the judgment.  (Code Crim. Proc., Art. 42.12, Sec. 13(h)
	(part).)
	Art. 42A.404.  EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
	INTOXICATION OFFENDERS; WAIVER. (a)  The judge shall require a
	defendant who is punished under Section 49.09, Penal Code, to
	attend and successfully complete as a condition of community
	supervision an educational program for repeat offenders that is
	approved by the Department of State Health Services.
	(b)  The judge may waive the educational program requirement
	only if the defendant by a motion in writing shows good cause. In
	determining good cause, the judge may consider:
	(1)  the defendant's school and work schedule;
	(2)  the defendant's health;
	(3)  the distance that the defendant must travel to
	attend an educational program; and
	(4)  whether the defendant resides out of state or does
	not have access to transportation.
	(c)  The judge shall set out the finding of good cause in the
	judgment.  (Code Crim. Proc., Art. 42.12, Sec. 13(j) (part).)
	Art. 42A.405.  RULES FOR AND ADMINISTRATION OF EDUCATIONAL
	PROGRAMS. (a)  The Health and Human Services Commission shall adopt
	rules for the educational program under Article 42A.404.
	(b)  The Department of State Health Services shall:
	(1)  publish the jointly approved rules for the
	educational program under Article 42A.403; and
	(2)  monitor, coordinate, and provide training to
	persons providing the educational programs under this subchapter.
	(c)  The Department of State Health Services is responsible
	for the administration of the certification of approved educational
	programs.
	(d)  The Department of State Health Services may charge a
	nonrefundable application fee for the initial certification of
	approval or for a renewal of the certification.  (Code Crim. Proc.,
	Art. 42.12, Secs. 13(h) (part), (j) (part).)
	Art. 42A.406.  EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
	DRIVING RECORD AND LICENSE.  (a)  If a defendant is required as a
	condition of community supervision to attend an educational program
	under Article 42A.403 or 42A.404, or if the court waives the
	educational program requirement under Article 42A.403, the court
	clerk shall immediately report that fact to the Department of
	Public Safety, on a form prescribed by the department, for
	inclusion in the defendant's driving record.  If the court grants an
	extension of time in which the defendant may complete the
	educational program under Article 42A.403, the court clerk shall
	immediately report that fact to the Department of Public Safety on a
	form prescribed by the department.  The clerk's report under this
	subsection must include the beginning date of the defendant's
	community supervision.
	(b)  On the defendant's successful completion of an
	educational program under Article 42A.403 or 42A.404, the
	defendant's instructor shall give notice to the Department of
	Public Safety for inclusion in the defendant's driving record and
	to the community supervision and corrections department. The
	community supervision and corrections department shall forward the
	notice to the court clerk for filing.
	(c)  If the Department of Public Safety does not receive
	notice that a defendant required to complete an educational program
	has successfully completed the program within the period required
	by the judge under this subchapter, as shown on department records,
	the department, as provided by Sections 521.344(e) and (f),
	Transportation Code, shall:
	(1)  revoke the defendant's driver's license; or
	(2)  prohibit the defendant from obtaining a license.
	(d)  The Department of Public Safety may not reinstate a
	license revoked under Subsection (c) as the result of an
	educational program requirement imposed under Article 42A.403
	unless the defendant whose license was revoked applies to the
	department for reinstatement of the license and pays to the
	department a reinstatement fee of $100.  The Department of Public
	Safety shall remit all fees collected under this subsection to the
	comptroller for deposit in the general revenue fund.  (Code Crim.
	Proc., Art. 42.12, Secs. 13(h) (part), (j) (part).)
	Art. 42A.407.  SUSPENSION OF DRIVER'S LICENSE.  (a)  A jury
	that recommends community supervision for a defendant convicted of
	an offense under Sections 49.04-49.08, Penal Code, may recommend
	that any driver's license issued to the defendant under Chapter
	521, Transportation Code, not be suspended. This subsection does
	not apply to a defendant punished under Section 49.09(a) or (b),
	Penal Code, and subject to Section 49.09(h), Penal Code.
	(b)  Notwithstanding Sections 521.344(d)-(i),
	Transportation Code, if under Article 42A.404 the judge requires a
	defendant punished under Section 49.09, Penal Code, to attend an
	educational program as a condition of community supervision, or
	waives the required attendance for the program, and the defendant
	has previously been required to attend such an educational program,
	or the required attendance at the program had been waived, the judge
	shall order the suspension of the defendant's driver's license for a
	period determined by the judge according to the following schedule:
	(1)  not less than 90 days or more than one year, if the
	defendant is convicted under Sections 49.04-49.08, Penal Code;
	(2)  not less than 180 days or more than two years, if
	the defendant is punished under Section 49.09(a) or (b), Penal
	Code; or
	(3)  not less than one year or more than two years, if
	the defendant is convicted of a second or subsequent offense under
	Sections 49.04-49.08, Penal Code, committed within five years of
	the date on which the most recent preceding offense was committed.
	(c)  If the Department of Public Safety receives notice that
	a defendant has been required to attend a subsequent educational
	program under Article 42A.403 or 42A.404, although the previously
	required attendance had been waived, but the judge has not ordered a
	period of suspension, the department shall:
	(1)  suspend the defendant's driver's license; or
	(2)  issue an order prohibiting the defendant from
	obtaining a license for a period of one year.
	(d)  The judge shall suspend the defendant's driver's license
	for a period provided under Subchapter O, Chapter 521,
	Transportation Code, if:
	(1)  a judge revokes the community supervision of the
	defendant for:
	(A)  an offense under Section 49.04, Penal Code;
	or
	(B)  an offense involving the operation of a motor
	vehicle under Section 49.07, Penal Code; and
	(2)  the license has not previously been ordered by the
	judge to be suspended, or the suspension was previously probated.
	(e)  The suspension of a defendant's driver's license under
	Subsection (d) shall be reported to the Department of Public Safety
	as provided under Section 521.347, Transportation Code.
	(f)  Notwithstanding any other provision of this subchapter
	or other law, a judge who places on community supervision a
	defendant who was younger than 21 years of age at the time of the
	offense and was convicted for an offense under Sections
	49.04-49.08, Penal Code, shall order that the defendant's driver's
	license be suspended for 90 days beginning on the date the defendant
	is placed on community supervision.  (Code Crim. Proc., Art. 42.12,
	Secs. 13(g), (k), (l), (m), (n) (part).)
	Art. 42A.408.  USE OF IGNITION INTERLOCK DEVICE.  (a)  In
	this article, "ignition interlock device" means a device that uses
	a deep-lung breath analysis mechanism to make impractical the
	operation of the motor vehicle if ethyl alcohol is detected in the
	breath of the operator.
	(b)  The court may require as a condition of community
	supervision that a defendant placed on community supervision after
	conviction of an offense under Sections 49.04-49.08, Penal Code,
	have an ignition interlock device installed on the motor vehicle
	owned by the defendant or on the vehicle most regularly driven by
	the defendant and that the defendant not operate any motor vehicle
	that is not equipped with that device.
	(c)  The court shall require as a condition of community
	supervision that a defendant described by Subsection (b) have an
	ignition interlock device installed on the motor vehicle owned by
	the defendant or on the vehicle most regularly driven by the
	defendant and that the defendant not operate any motor vehicle
	unless the vehicle is equipped with that device if:
	(1)  it is shown on the trial of the offense that an
	analysis of a specimen of the defendant's blood, breath, or urine
	showed an alcohol concentration level of 0.15 or more at the time
	the analysis was performed;
	(2)  the defendant is placed on community supervision
	after conviction of an offense under Sections 49.04-49.06, Penal
	Code, for which the defendant is punished under Section 49.09(a) or
	(b), Penal Code; or
	(3)  the court determines under Subsection (d) that the
	defendant has one or more previous convictions under Sections
	49.04-49.08, Penal Code.
	(d)  Before placing on community supervision a defendant
	convicted of an offense under Sections 49.04-49.08, Penal Code, the
	court shall determine from criminal history record information
	maintained by the Department of Public Safety whether the defendant
	has one or more previous convictions under any of those sections. A
	previous conviction may not be used for purposes of restricting a
	defendant to the operation of a motor vehicle equipped with an
	ignition interlock device under Subsection (c) if:
	(1)  the previous conviction was a final conviction
	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
	Code, and was for an offense committed before the beginning of the
	10-year period preceding the date of the instant offense for which
	the defendant was convicted and placed on community supervision;
	and
	(2)  the defendant has not been convicted of an offense
	under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
	Code, committed within the 10-year period preceding the date of the
	instant offense for which the defendant was convicted and placed on
	community supervision.
	(e)  Notwithstanding any other provision of this subchapter
	or other law, a judge who places on community supervision a
	defendant who was younger than 21 years of age at the time of the
	offense and was convicted for an offense under Sections
	49.04-49.08, Penal Code, shall require as a condition of community
	supervision that the defendant not operate any motor vehicle unless
	the vehicle is equipped with an ignition interlock device.
	(f)  The court shall require the defendant to obtain an
	ignition interlock device at the defendant's own cost before the
	30th day after the date of conviction unless the court finds that to
	do so would not be in the best interest of justice and enters its
	findings on record. The court shall require the defendant to
	provide evidence to the court within the 30-day period that the
	device has been installed on the appropriate vehicle and order the
	device to remain installed on that vehicle for a period the length
	of which is not less than 50 percent of the supervision period. If
	the court determines the defendant is unable to pay for the ignition
	interlock device, the court may impose a reasonable payment
	schedule not to exceed twice the length of the period of the court's
	order.
	(g)  The Department of Public Safety shall approve ignition
	interlock devices for use under this article. Section 521.247,
	Transportation Code, applies to the approval of a device under this
	article and the consequences of that approval.
	(h)  Notwithstanding any other provision of this subchapter,
	if a defendant is required to operate a motor vehicle in the course
	and scope of the defendant's employment and if the vehicle is owned
	by the employer, the defendant may operate that vehicle without
	installation of an approved ignition interlock device if the
	employer has been notified of that driving privilege restriction
	and if proof of that notification is with the vehicle. The
	employment exemption does not apply if the business entity that
	owns the vehicle is owned or controlled by the defendant. (Code
	Crim. Proc., Art. 42.12, Secs. 13(i) (part), (n) (part).)
	Art. 42A.409.  COMMUNITY SUPERVISION FOR ENHANCED PUBLIC
	INTOXICATION OFFENSE.  (a)  On conviction of an offense punishable
	as a Class C misdemeanor under Section 49.02, Penal Code, for which
	punishment is enhanced under Section 12.43(c), Penal Code, based on
	previous convictions under Section 49.02 or 42.01, Penal Code, the
	court may suspend the imposition of the sentence and place the
	defendant on community supervision if the court finds that the
	defendant would benefit from community supervision and enters its
	finding on the record.  The judge may suspend in whole or in part the
	imposition of any fine imposed on conviction.
	(b)  All provisions of this chapter applying to a defendant
	placed on community supervision for a misdemeanor apply to a
	defendant placed on community supervision under Subsection (a),
	except that the court shall require the defendant as a condition of
	community supervision to:
	(1)  submit to diagnostic testing for addiction to
	alcohol or a controlled substance or drug;
	(2)  submit to a psychological assessment;
	(3)  if indicated as necessary by testing and
	assessment, participate in an alcohol or drug abuse treatment or
	education program; and
	(4)  pay the costs of testing, assessment, and
	treatment or education, either directly or as a court cost.  (Code
	Crim. Proc., Art. 42.12, Sec. 15A.)
	SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
	Art. 42A.451.  SEX OFFENDER REGISTRATION; DNA SAMPLE. A
	judge granting community supervision to a defendant required to
	register as a sex offender under Chapter 62 shall require that the
	defendant, as a condition of community supervision:
	(1)  register under that chapter; and
	(2)  submit a DNA sample to the Department of Public
	Safety under Subchapter G, Chapter 411, Government Code, for the
	purpose of creating a DNA record of the defendant, unless the
	defendant has already submitted the required sample under other
	state law. (Code Crim. Proc., Art. 42.12, Sec. 11(e).)
	Art. 42A.452.  TREATMENT, SPECIALIZED SUPERVISION, OR
	REHABILITATION. A judge who grants community supervision to a sex
	offender evaluated under Article 42A.258 may require the sex
	offender as a condition of community supervision to submit to
	treatment, specialized supervision, or rehabilitation according to
	offense-specific standards of practice adopted by the Council on
	Sex Offender Treatment. On a finding that the defendant is
	financially able to make payment, the judge shall require the
	defendant to pay all or part of the reasonable and necessary costs
	of the treatment, supervision, or rehabilitation.  (Code Crim.
	Proc., Art. 42.12, Sec. 11(i).)
	Art. 42A.453.  CHILD SAFETY ZONE. (a) In this article,
	"playground," "premises," "school," "video arcade facility," and
	"youth center" have the meanings assigned by Section 481.134,
	Health and Safety Code.
	(b)  This article applies to a defendant placed on community
	supervision for an offense under:
	(1)  Section 20.04(a)(4), Penal Code, if the defendant
	committed the offense with the intent to violate or abuse the victim
	sexually;
	(2)  Section 20A.02, Penal Code, if the defendant:
	(A)  trafficked the victim with the intent or
	knowledge that the victim would engage in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked victim engaging in sexual conduct, as
	defined by Section 43.25, Penal Code;
	(3)  Section 21.08, 21.11, 22.011, 22.021, or 25.02,
	Penal Code;
	(4)  Section 30.02, Penal Code, punishable under
	Subsection (d) of that section, if the defendant committed the
	offense with the intent to commit a felony listed in Subdivision (1)
	or (3); or
	(5)  Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
	(c)  If a judge grants community supervision to a defendant
	described by Subsection (b) and the judge determines that a child as
	defined by Section 22.011(c), Penal Code, was the victim of the
	offense, the judge shall establish a child safety zone applicable
	to the defendant by requiring as a condition of community
	supervision that the defendant:
	(1)  not:
	(A)  supervise or participate in any program that:
	(i)  includes as participants or recipients
	persons who are 17 years of age or younger; and
	(ii)  regularly provides athletic, civic, or
	cultural activities; or
	(B)  go in, on, or within 1,000 feet of a premises
	where children commonly gather, including a school, day-care
	facility, playground, public or private youth center, public
	swimming pool, or video arcade facility; and
	(2)  attend psychological counseling sessions for sex
	offenders with an individual or organization that provides sex
	offender treatment or counseling as specified or approved by the
	judge or the defendant's supervision officer.
	(d)  Notwithstanding Subsection (c)(1), a judge is not
	required to impose the conditions described by Subsection (c)(1) if
	the defendant is a student at a primary or secondary school.
	(e)  At any time after the imposition of a condition under
	Subsection (c)(1), the defendant may request the court to modify
	the child safety zone applicable to the defendant because the zone
	as created by the court:
	(1)  interferes with the defendant's ability to attend
	school or hold a job and consequently constitutes an undue hardship
	for the defendant; or
	(2)  is broader than is necessary to protect the
	public, given the nature and circumstances of the offense.
	(f)  A supervision officer for a defendant described by
	Subsection (b) may permit the defendant to enter on an
	event-by-event basis into the child safety zone from which the
	defendant is otherwise prohibited from entering if:
	(1)  the defendant has served at least two years of the
	period of community supervision;
	(2)  the defendant enters the zone as part of a program
	to reunite with the defendant's family;
	(3)  the defendant presents to the supervision officer
	a written proposal specifying where the defendant intends to go
	within the zone, why and with whom the defendant is going, and how
	the defendant intends to cope with any stressful situations that
	occur;
	(4)  the sex offender treatment provider treating the
	defendant agrees with the supervision officer that the defendant
	should be allowed to attend the event; and
	(5)  the supervision officer and the treatment provider
	agree on a chaperon to accompany the defendant and the chaperon
	agrees to perform that duty.
	(g)  Article 42A.051(b) does not prohibit a supervision
	officer from modifying a condition of community supervision by
	permitting a defendant to enter a child safety zone under
	Subsection (f).
	(h)  Notwithstanding Subsection (c)(1)(B), a requirement
	that a defendant not go in, on, or within 1,000 feet of certain
	premises does not apply to a defendant while the defendant is in or
	going immediately to or from a:
	(1)  community supervision and corrections department
	office;
	(2)  premises at which the defendant is participating
	in a program or activity required as a condition of community
	supervision;
	(3)  residential facility in which the defendant is
	required to reside as a condition of community supervision, if the
	facility was in operation as a residence for defendants on
	community supervision on June 1, 2003; or
	(4)  private residence at which the defendant is
	required to reside as a condition of community supervision.
	(i)  A supervision officer who under Subsection (c)(2)
	specifies a sex offender treatment provider to provide counseling
	to a defendant shall:
	(1)  contact the provider before the defendant is
	released;
	(2)  establish the date, time, and place of the first
	session between the defendant and the provider; and
	(3)  request the provider to immediately notify the
	supervision officer if the defendant fails to attend the first
	session or any subsequent scheduled session.  (Code Crim. Proc.,
	Art. 42.12, Sec. 13B.)
	Art. 42A.454.  CERTAIN INTERNET ACTIVITY PROHIBITED. (a)
	This article applies only to a defendant who is required to register
	as a sex offender under Chapter 62, by court order or otherwise,
	and:
	(1)  is convicted of or receives a grant of deferred
	adjudication community supervision for a violation of Section
	21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
	Code;
	(2)  used the Internet or any other type of electronic
	device used for Internet access to commit the offense or engage in
	the conduct for which the person is required to register under
	Chapter 62; or
	(3)  is assigned a numeric risk level of three based on
	an assessment conducted under Article 62.007.
	(b)  If the court grants community supervision to a defendant
	described by Subsection (a), the court as a condition of community
	supervision shall prohibit the defendant from using the Internet
	to:
	(1)  access material that is obscene, as defined by
	Section 43.21, Penal Code;
	(2)  access a commercial social networking site, as
	defined by Article 62.0061(f);
	(3)  communicate with any individual concerning sexual
	relations with an individual who is younger than 17 years of age; or
	(4)  communicate with another individual the defendant
	knows is younger than 17 years of age.
	(c)  The court may modify at any time the condition described
	by Subsection (b)(4) if:
	(1)  the condition interferes with the defendant's
	ability to attend school or become or remain employed and
	consequently constitutes an undue hardship for the defendant; or
	(2)  the defendant is the parent or guardian of an
	individual who is younger than 17 years of age and the defendant is
	not otherwise prohibited from communicating with that individual.
	(Code Crim. Proc., Art. 42.12, Sec. 13G.)
	Art. 42A.455.  PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
	judge who grants community supervision to a defendant charged with
	or convicted of an offense under Section 21.11 or 22.011(a)(2),
	Penal Code, may require the defendant to make one payment in an
	amount not to exceed $50 to a children's advocacy center
	established under Subchapter E, Chapter 264, Family Code.  (Code
	Crim. Proc., Art. 42.12, Sec. 11(g).)
	SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
	OFFENDERS
	Art. 42A.501.  COMMUNITY SUPERVISION FOR OFFENSE COMMITTED
	BECAUSE OF BIAS OR PREJUDICE. (a) A court granting community
	supervision to a defendant convicted of an offense for which the
	court has made an affirmative finding under Article 42.014 shall
	require as a term of community supervision that the defendant:
	(1)  serve a term of not more than one year imprisonment
	in the Texas Department of Criminal Justice if the offense is a
	felony other than an offense under Section 19.02, Penal Code; or
	(2)  serve a term of not more than 90 days confinement
	in jail if the offense is a misdemeanor.
	(b)  The court may not grant community supervision on its own
	motion or on the recommendation of the jury to a defendant convicted
	of an offense for which the court has made an affirmative finding
	under Article 42.014 if:
	(1)  the offense for which the court has made the
	affirmative finding is an offense under Section 19.02, Penal Code;
	or
	(2)  the defendant has been previously convicted of an
	offense for which the court made an affirmative finding under
	Article 42.014.  (Code Crim. Proc., Art. 42.12, Sec. 13A.)
	Art. 42A.502.  COMMUNITY SUPERVISION FOR CERTAIN VIOLENT
	OFFENSES; CHILD SAFETY ZONE. (a)  In this article, "playground,"
	"premises," "school," "video arcade facility," and "youth center"
	have the meanings assigned by Section 481.134, Health and Safety
	Code.
	(b)  A judge granting community supervision to a defendant
	convicted of an offense listed in Article 42A.054(a) or for which
	the judgment contains an affirmative finding under Article
	42A.054(c) or (d) may establish a child safety zone applicable to
	the defendant, if the nature of the offense for which the defendant
	is convicted warrants the establishment of a child safety zone, by
	requiring as a condition of community supervision that the
	defendant not:
	(1)  supervise or participate in any program that:
	(A)  includes as participants or recipients
	persons who are 17 years of age or younger; and
	(B)  regularly provides athletic, civic, or
	cultural activities; or
	(2)  go in or on, or within a distance specified by the
	judge of, a premises where children commonly gather, including a
	school, day-care facility, playground, public or private youth
	center, public swimming pool, or video arcade facility.
	(c)  At any time after the imposition of a condition under
	Subsection (b), the defendant may request the judge to modify the
	child safety zone applicable to the defendant because the zone as
	created by the judge:
	(1)  interferes with the defendant's ability to attend
	school or hold a job and consequently constitutes an undue hardship
	for the defendant; or
	(2)  is broader than is necessary to protect the
	public, given the nature and circumstances of the offense.
	(d)  This article does not apply to a defendant described by
	Article 42A.453.  (Code Crim. Proc., Art. 42.12, Sec. 13D.)
	Art. 42A.503.  COMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSE
	OFFENSES; PROHIBITED CONTACT WITH VICTIM. (a) If the court grants
	community supervision to a defendant convicted of an offense
	described by Article 17.41(a), the court may require as a condition
	of community supervision that the defendant not:
	(1)  directly communicate with the victim of the
	offense; or
	(2)  go near a residence, school, or other location, as
	specifically described in the copy of terms and conditions, that is
	frequented by the victim.
	(b)  In imposing the condition under Subsection (a), the
	court may grant the defendant supervised access to the victim.
	(c)  To the extent that a condition imposed under this
	article conflicts with an existing court order granting possession
	of or access to a child, the condition imposed under this article
	prevails for a period specified by the court granting community
	supervision, not to exceed 90 days.  (Code Crim. Proc., Art. 42.12,
	Sec. 14(a), as amended Acts 73rd Leg., R.S., Ch. 165 (H.B. 119),
	Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts 78th Leg., R.S., Ch.
	353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113 (S.B. 44).)
	Art. 42A.504.  COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
	INVOLVING FAMILY VIOLENCE; SPECIAL CONDITIONS. (a) In this
	article:
	(1)  "Family violence" has the meaning assigned by
	Section 71.004, Family Code.
	(2)  "Family violence center" has the meaning assigned
	by Section 51.002, Human Resources Code.
	(b)  If a judge grants community supervision to a defendant
	convicted of an offense under Title 5, Penal Code, that the court
	determines involves family violence, the judge shall require the
	defendant to pay $100 to a family violence center that:
	(1)  receives state or federal funds; and
	(2)  serves the county in which the court is located.
	(c)  If the court grants community supervision to a defendant
	convicted of an offense involving family violence, the court may
	require the defendant, at the direction of the supervision officer,
	to:
	(1)  attend a battering intervention and prevention
	program or counsel with a provider of battering intervention and
	prevention services if the program or provider has been accredited
	under Section 4A, Article 42.141, as conforming to program
	guidelines under that article; or
	(2)  if the referral option under Subdivision (1) is
	not available, attend counseling sessions for the elimination of
	violent behavior with a licensed counselor, social worker, or other
	professional who has completed family violence intervention
	training that the community justice assistance division of the
	Texas Department of Criminal Justice has approved, after
	consultation with the licensing authorities described by Chapters
	152, 501, 502, 503, and 505, Occupations Code, and experts in the
	field of family violence.
	(d)  If the court requires the defendant to attend counseling
	or a program, the court shall require the defendant to begin
	attendance not later than the 60th day after the date the court
	grants community supervision, notify the supervision officer of the
	name, address, and phone number of the counselor or program, and
	report the defendant's attendance to the supervision officer.  The
	court shall require the defendant to pay all the reasonable costs of
	the counseling sessions or attendance in the program on a finding
	that the defendant is financially able to make payment.  If the
	court finds the defendant is unable to make payment, the court shall
	make the counseling sessions or enrollment in the program available
	without cost to the defendant.  The court may also require the
	defendant to pay all or a part of the reasonable costs incurred by
	the victim for counseling made necessary by the offense, on a
	finding that the defendant is financially able to make payment.  The
	court may order the defendant to make payments under this
	subsection for a period not to exceed one year after the date on
	which the order is entered. (Code Crim. Proc., Art. 42.12, Sec.
	11(h); Secs. 14(c), (c-1), (c-2), as amended Acts 73rd Leg., R.S.,
	Ch. 165 (H.B. 119), Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts
	78th Leg., R.S., Ch. 353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113
	(S.B. 44).)
	Art. 42A.505.  COMMUNITY SUPERVISION FOR STALKING OFFENSE;
	PROHIBITED CONTACT WITH VICTIM. (a) If the court grants community
	supervision to a defendant convicted of an offense under Section
	42.072, Penal Code, the court may require as a condition of
	community supervision that the defendant not:
	(1)  communicate directly or indirectly with the
	victim; or
	(2)  go to or near:
	(A)  the residence, place of employment, or
	business of the victim; or
	(B)  a school, day-care facility, or similar
	facility where a dependent child of the victim is in attendance.
	(b)  If the court requires the prohibition contained in
	Subsection (a)(2) as a condition of community supervision, the
	court shall specifically describe the prohibited locations and the
	minimum distances, if any, that the defendant must maintain from
	the locations. (Code Crim. Proc., Art. 42.12, Sec. 11(l).)
	Art. 42A.506.  COMMUNITY SUPERVISION FOR DEFENDANT WITH
	MENTAL IMPAIRMENT.  If the judge places a defendant on community
	supervision and the defendant is determined to be a person with
	mental illness or a person with an intellectual disability, as
	provided by Article 16.22 or Chapter 46B or in a psychological
	evaluation conducted under Article 42A.253(a)(6), the judge may
	require the defendant as a condition of community supervision to
	submit to outpatient or inpatient mental health or intellectual
	disability treatment if:
	(1)  the defendant's:
	(A)  mental impairment is chronic in nature; or
	(B)  ability to function independently will
	continue to deteriorate if the defendant does not receive mental
	health or intellectual disability services; and
	(2)  the judge determines, in consultation with a local
	mental health or intellectual disability services provider, that
	mental health or intellectual disability services, as appropriate,
	are available for the defendant through:
	(A)  the Department of State Health Services or
	the Department of Aging and Disability Services under Section
	534.053, Health and Safety Code; or
	(B)  another mental health or intellectual
	disability services provider. (Code Crim. Proc., Art. 42.12, Sec.
	11(d).)
	Art. 42A.507.  COMMUNITY SUPERVISION FOR CERTAIN DEFENDANTS
	IDENTIFIED AS MEMBERS OF CRIMINAL STREET GANGS; ELECTRONIC
	MONITORING. (a) This article applies only to a defendant who:
	(1)  is identified as a member of a criminal street gang
	in an intelligence database established under Chapter 61; and
	(2)  has two or more times been previously convicted
	of, or received a grant of deferred adjudication community
	supervision or another functionally equivalent form of community
	supervision or probation for, a felony offense under the laws of
	this state, another state, or the United States.
	(b)  A court granting community supervision to a defendant
	described by Subsection (a) may, on the defendant's conviction of a
	felony offense, require as a condition of community supervision
	that the defendant submit to tracking under an electronic
	monitoring service or other appropriate technological service
	designed to track a person's location. (Code Crim. Proc., Art.
	42.12, Sec. 13E.)
	Art. 42A.508.  COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED
	CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE.  A
	court granting community supervision to a defendant convicted of an
	offense under Chapter 71, Penal Code, may impose as a condition of
	community supervision restrictions on the defendant's operation of
	a motor vehicle, including specifying:
	(1)  hours during which the defendant may not operate a
	motor vehicle; and
	(2)  locations at or in which the defendant may not
	operate a motor vehicle. (Code Crim. Proc., Art. 42.12, Sec. 13F.)
	Art. 42A.509.  COMMUNITY SUPERVISION FOR GRAFFITI OFFENSE.
	A court granting community supervision to a defendant convicted of
	an offense under Section 28.08, Penal Code, shall require as a
	condition of community supervision that the defendant perform:
	(1)  at least 15 hours of community service if the
	amount of pecuniary loss resulting from the commission of the
	offense is $50 or more but less than $500; or
	(2)  at least 30 hours of community service if the
	amount of pecuniary loss resulting from the commission of the
	offense is $500 or more. (Code Crim. Proc., Art. 42.12, Sec.
	11(k).)
	Art. 42A.510.  COMMUNITY SUPERVISION FOR ENHANCED
	DISORDERLY CONDUCT OFFENSE.  (a)  On conviction of an offense
	punishable as a Class C misdemeanor under Section 42.01, Penal
	Code, for which punishment is enhanced under Section 12.43(c),
	Penal Code, based on previous convictions under Section 42.01 or
	49.02, Penal Code, the court may suspend the imposition of the
	sentence and place the defendant on community supervision if the
	court finds that the defendant would benefit from community
	supervision and enters its finding on the record. The judge may
	suspend in whole or in part the imposition of any fine imposed on
	conviction.
	(b)  All provisions of this chapter applying to a defendant
	placed on community supervision for a misdemeanor apply to a
	defendant placed on community supervision under this article,
	except that the court shall require the defendant as a condition of
	community supervision to:
	(1)  submit to diagnostic testing for addiction to
	alcohol or a controlled substance or drug;
	(2)  submit to a psychological assessment;
	(3)  if indicated as necessary by testing and
	assessment, participate in an alcohol or drug abuse treatment or
	education program; and
	(4)  pay the costs of testing, assessment, and
	treatment or education, either directly or as a court cost. (Code
	Crim. Proc., Art. 42.12, Sec. 15A.)
	Art. 42A.511.  COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
	INVOLVING ANIMALS.  If a judge grants community supervision to a
	defendant convicted of an offense under Section 42.09, 42.091,
	42.092, or 42.10, Penal Code, the judge may require the defendant to
	attend a responsible pet owner course sponsored by a municipal
	animal shelter, as defined by Section 823.001, Health and Safety
	Code, that:
	(1)  receives federal, state, county, or municipal
	funds; and
	(2)  serves the county in which the court is located.
	(Code Crim. Proc., Art. 42.12, Sec. 11(m).)
	Art. 42A.512.  COMMUNITY SUPERVISION FOR ELECTRONIC
	TRANSMISSION OF CERTAIN VISUAL MATERIAL. (a)  In this article,
	"parent" means a natural or adoptive parent, managing or possessory
	conservator, or legal guardian.  The term does not include a parent
	whose parental rights have been terminated.
	(b)  If a judge grants community supervision to a defendant
	who is convicted of or charged with an offense under Section 43.261,
	Penal Code, the judge may require as a condition of community
	supervision that the defendant attend and successfully complete an
	educational program described by Section 37.218, Education Code, or
	another equivalent educational program.
	(c)  The court shall require the defendant or the defendant's
	parent to pay the cost of attending an educational program under
	Subsection (b) if the court determines that the defendant or the
	defendant's parent is financially able to make payment. (Code
	Crim. Proc., Art. 42.12, Sec. 13H.)
	Art. 42A.513.  COMMUNITY SUPERVISION FOR MAKING FIREARM
	ACCESSIBLE TO CHILD. (a) A court granting community supervision to
	a defendant convicted of an offense under Section 46.13, Penal
	Code, may require as a condition of community supervision that the
	defendant:
	(1)  provide an appropriate public service activity
	designated by the court; or
	(2)  attend a firearms safety course that meets or
	exceeds the requirements set by the National Rifle Association as
	of January 1, 1995, for a firearms safety course that requires not
	more than 17 hours of instruction.
	(b)  The court shall require the defendant to pay the cost of
	attending the firearms safety course under Subsection (a)(2).
	(Code Crim. Proc., Art. 42.12, Sec. 13C.)
	SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
	Art. 42A.551.  PLACEMENT ON COMMUNITY SUPERVISION;
	EXECUTION OF SENTENCE. (a)  Except as otherwise provided by
	Subsection (b) or (c), on conviction of a state jail felony under
	Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
	481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
	punished under Section 12.35(a), Penal Code, the judge shall
	suspend the imposition of the sentence and place the defendant on
	community supervision.
	(b)  If the defendant has been previously convicted of a
	felony, other than a felony punished under Section 12.44(a), Penal
	Code, or if the conviction resulted from an adjudication of the
	guilt of a defendant previously placed on deferred adjudication
	community supervision for the offense, the judge may:
	(1)  suspend the imposition of the sentence and place
	the defendant on community supervision; or
	(2)  order the sentence to be executed.
	(c)  Subsection (a) does not apply to a defendant who:
	(1)  under Section 481.1151(b)(1), Health and Safety
	Code, possessed more than five abuse units of the controlled
	substance;
	(2)  under Section 481.1161(b)(3), Health and Safety
	Code, possessed more than one pound, by aggregate weight, including
	adulterants or dilutants, of the controlled substance; or
	(3)  under Section 481.121(b)(3), Health and Safety
	Code, possessed more than one pound of marihuana.
	(d)  On conviction of a state jail felony punished under
	Section 12.35(a), Penal Code, other than a state jail felony listed
	in Subsection (a), subject to Subsection (e), the judge may:
	(1)  suspend the imposition of the sentence and place
	the defendant on community supervision; or
	(2)  order the sentence to be executed:
	(A)  in whole; or
	(B)  in part, with a period of community
	supervision to begin immediately on release of the defendant from
	confinement.
	(e)  In any case in which the jury assesses punishment, the
	judge must follow the recommendations of the jury in suspending the
	imposition of a sentence or ordering a sentence to be executed. If
	a jury assessing punishment does not recommend community
	supervision, the judge must order the sentence to be executed in
	whole.
	(f)  A defendant is considered to be finally convicted if the
	judge orders the sentence to be executed under Subsection (d)(2),
	regardless of whether the judge orders the sentence to be executed
	in whole or only in part.
	(g)  The judge may suspend in whole or in part the imposition
	of any fine imposed on conviction.  (Code Crim. Proc., Art. 42.12,
	Sec. 15(a).)
	Art. 42A.552.  REVIEW OF PRESENTENCE REPORT.  Before
	imposing a sentence in a state jail felony case in which the judge
	assesses punishment, the judge shall:
	(1)  review the presentence report prepared for the
	defendant under Subchapter F; and
	(2)  determine whether the best interests of justice
	require the judge to:
	(A)  suspend the imposition of the sentence and
	place the defendant on community supervision; or
	(B)  order the sentence to be executed in whole or
	in part as provided by Article 42A.551(d).  (Code Crim. Proc., Art.
	42.12, Sec. 15(c)(1) (part).)
	Art. 42A.553.  MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
	SUPERVISION; EXTENSION. (a)  The minimum period of community
	supervision a judge may impose under this subchapter is two years.
	The maximum period of community supervision a judge may impose
	under this subchapter is five years, except that the judge may
	extend the maximum period of community supervision under this
	subchapter to not more than 10 years.
	(b)  A judge may extend a period of community supervision
	under this subchapter:
	(1)  at any time during the period of community
	supervision; or
	(2)  before the first anniversary of the date the
	period of community supervision ends, if a motion for revocation of
	community supervision is filed before the date the period of
	community supervision ends.  (Code Crim. Proc., Art. 42.12, Sec.
	15(b).)
	Art. 42A.554.  CONDITIONS OF COMMUNITY SUPERVISION.  (a)  A
	judge assessing punishment in a state jail felony case may impose
	any condition of community supervision on the defendant that the
	judge could impose on a defendant placed on supervision for an
	offense other than a state jail felony.
	(b)  If the judge suspends the execution of the sentence or
	orders the execution of the sentence only in part as provided by
	Article 42A.551(d), the judge shall impose conditions of community
	supervision consistent with the recommendations contained in the
	presentence report prepared for the defendant under Subchapter F.
	(c)  Except as otherwise provided by this subsection, a judge
	who places a defendant on community supervision for an offense
	listed in Article 42A.551(a) shall require the defendant to comply
	with substance abuse treatment conditions that are consistent with
	standards adopted by the Texas Board of Criminal Justice under
	Section 509.015, Government Code.  A judge is not required to impose
	the substance abuse treatment conditions if the judge makes an
	affirmative finding that the defendant does not require imposition
	of the conditions to successfully complete the period of community
	supervision.  (Code Crim. Proc., Art. 42.12, Secs. 15(c)(1) (part),
	(2), (3).)
	Art. 42A.555.  CONFINEMENT AS A CONDITION OF COMMUNITY
	SUPERVISION.  (a)  A judge assessing punishment in a state jail
	felony case may impose as a condition of community supervision that
	a defendant submit at the beginning of the period of community
	supervision to a term of confinement in a state jail felony facility
	for a term of:
	(1)  not less than 90 days or more than 180 days; or
	(2)  not less than 90 days or more than one year, if the
	defendant is convicted of an offense punishable as a state jail
	felony under Section 481.112, 481.1121, 481.113, or 481.120, Health
	and Safety Code.
	(b)  A judge may not require a defendant to submit to both the
	term of confinement authorized by this article and a term of
	confinement under Subchapter C or Article 42A.302.  (Code Crim.
	Proc., Art. 42.12, Secs. 15(c)(1) (part), (d) (part).)
	Art. 42A.556.  SANCTIONS IMPOSED ON MODIFICATION OF
	COMMUNITY SUPERVISION.  If in a state jail felony case a defendant
	violates a condition of community supervision imposed under this
	chapter and after a hearing under Article 42A.751(d) the judge
	modifies the defendant's community supervision, the judge may
	impose any sanction permitted by Article 42A.752, except that if
	the judge requires a defendant to serve a term of confinement in a
	state jail felony facility as a modification of the defendant's
	community supervision, the minimum term of confinement is 90 days
	and the maximum term of confinement is 180 days.  (Code Crim. Proc.,
	Art. 42.12, Sec. 15(e).)
	Art. 42A.557.  REPORT BY DIRECTOR OF FACILITY.  The facility
	director of a state jail felony facility shall report to a judge who
	orders a defendant confined in the facility as a condition of
	community supervision or as a sanction imposed on a modification of
	community supervision under Article 42A.556 not less than every 90
	days on the defendant's programmatic progress, conduct, and
	conformity to the rules of the facility.  (Code Crim. Proc., Art.
	42.12, Sec. 15(g).)
	Art. 42A.558.  REVOCATION; OPTIONS REGARDING EXECUTION OF
	SENTENCE.  (a)  If in a state jail felony case a defendant violates a
	condition of community supervision imposed under this chapter and
	after a hearing under Article 42A.751(d) the judge revokes the
	defendant's community supervision, the judge shall dispose of the
	case in the manner provided by Article 42A.755.
	(b)  The court retains jurisdiction over the defendant for
	the period during which the defendant is confined in a state jail
	felony facility. At any time after the 75th day after the date the
	defendant is received into the custody of a state jail felony
	facility, the judge on the judge's own motion, on the motion of the
	attorney representing the state, or on the motion of the defendant
	may suspend further execution of the sentence and place the
	defendant on community supervision under the conditions of this
	subchapter.
	(c)  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, the clerk of the court, if requested to do so
	by the judge, shall request a copy of the defendant's record while
	confined from the facility director of the state jail felony
	facility in which the defendant is confined or, if the defendant is
	confined in county jail, from the sheriff. On receipt of the
	request, the facility director or the sheriff shall forward a copy
	of the record to the judge as soon as possible.
	(d)  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. 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.  (Code Crim. Proc., Art. 42.12, Sec. 15(f).)
	Art. 42A.559.  CREDITS FOR TIME SERVED.  (a)  For purposes of
	this article, "diligent participation" includes:
	(1)  successful completion of an educational,
	vocational, or treatment program;
	(2)  progress toward successful completion of an
	educational, vocational, or treatment program that was interrupted
	by illness, injury, or another circumstance outside the control of
	the defendant; and
	(3)  active involvement in a work program.
	(b)  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
	Subsection (f).
	(c)  A judge:
	(1)  may credit against any time a defendant is
	required to serve in a state jail felony facility time served in a
	county jail from the time of the defendant's arrest and confinement
	until sentencing by the trial court; and
	(2)  shall credit against any time a defendant is
	required to serve in a state jail felony facility time served before
	sentencing in a substance abuse felony punishment facility operated
	by the Texas Department of Criminal Justice under Section 493.009,
	Government Code, or other court-ordered residential program or
	facility as a condition of deferred adjudication community
	supervision, but only if the defendant successfully completes the
	treatment program in that facility.
	(d)  A judge shall credit against any time a defendant is
	subsequently required to serve in a state jail felony facility
	after revocation of community supervision time served after
	sentencing:
	(1)  in a state jail felony facility; or
	(2)  in a substance abuse felony punishment facility
	operated by the Texas Department of Criminal Justice under Section
	493.009, Government Code, or other court-ordered residential
	program or facility if the defendant successfully completes the
	treatment program in that facility.
	(e)  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 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
	subsection are not subject to challenge by a defendant.
	(f)  A judge, based on the report received under Subsection
	(e), 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.  A time credit under this subsection 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
	time credit under this subsection for any period during which the
	defendant is subject to disciplinary action.  A time credit under
	this subsection is a privilege and not a right.  (Code Crim. Proc.,
	Art. 42.12, Sec. 15(h).)
	Art. 42A.560.  MEDICAL RELEASE. (a)  If a defendant is
	convicted of a state jail felony and the sentence is executed, the
	judge sentencing the defendant may release the defendant to a
	medically suitable placement if the judge determines that the
	defendant does not constitute a threat to public safety and the
	Texas Correctional Office on Offenders with Medical or Mental
	Impairments:
	(1)  in coordination with the Correctional Managed
	Health Care Committee, prepares a case summary and medical report
	that identifies the defendant as:
	(A)  being a person who is elderly or terminally
	ill or a person with a physical disability;
	(B)  being a person with mental illness or an
	intellectual disability; or
	(C)  having a condition requiring long-term care;
	and
	(2)  in cooperation with the community supervision and
	corrections department serving the sentencing court, prepares for
	the defendant a medically recommended intensive supervision and
	continuity of care plan that:
	(A)  ensures appropriate supervision of the
	defendant by the community supervision and corrections department;
	and
	(B)  requires the defendant to remain under the
	care of a physician at and reside in a medically suitable placement.
	(b)  The Texas Correctional Office on Offenders with Medical
	or Mental Impairments shall submit to a judge who releases a
	defendant to an appropriate medical care facility under Subsection
	(a) a quarterly status report concerning the defendant's medical
	and treatment status.
	(c)  If a defendant released to a medically suitable
	placement under Subsection (a) violates the terms of that release,
	the judge may dispose of the matter as provided by Articles 42A.556
	and 42A.558(a). (Code Crim. Proc., Art. 42.12, Secs. 15(i), as
	added Acts 80th Leg., R.S., Ch. 1308, (j), as added Acts 80th Leg.,
	R.S., Ch. 1308, (k).)
	Art. 42A.561.  MEDICAL RELEASE.  (a)  If a defendant is
	convicted of a state jail felony and the sentence is executed, the
	judge sentencing the defendant may release the defendant to a
	medical care facility or medical treatment program if the Texas
	Correctional Office on Offenders with Medical or Mental
	Impairments:
	(1)  identifies the defendant as:
	(A)  being a person who is elderly or terminally
	ill or a person with a physical disability;
	(B)  being a person with mental illness or an
	intellectual disability; or
	(C)  having a condition requiring long-term care;
	and
	(2)  in cooperation with the community supervision and
	corrections department serving the sentencing court, prepares for
	the defendant a medically recommended intensive supervision plan
	that:
	(A)  ensures appropriate supervision of the
	defendant; and
	(B)  requires the defendant to remain under the
	care of a physician at the facility or in the program.
	(b)  If a defendant released to a medical care facility or
	medical treatment program under Subsection (a) violates the terms
	of that release, the judge may dispose of the matter as provided by
	Articles 42A.556 and 42A.558(a).  (Code Crim. Proc., Art. 42.12,
	Secs. 15(i), as added Acts 80th Leg., R.S., Ch. 617, (j), as added
	Acts 80th Leg., R.S., Ch. 617.)
	SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
	Art. 42A.601.  DEFINITION. In this subchapter, "community
	corrections facility" has the meaning assigned by Section 509.001,
	Government Code. (Code Crim. Proc., Art. 42.12, Sec. 18(a).)
	Art. 42A.602.  MAXIMUM TERM OR TERMS OF CONFINEMENT. (a) If
	a judge requires as a condition of community supervision or
	participation in a drug court program established under Chapter
	123, Government Code, or former law that the defendant serve a term
	of confinement in a community corrections facility, the term may
	not exceed 24 months.
	(b)  A judge who requires as a condition of community
	supervision that the defendant serve a term of confinement in a
	community corrections facility may not impose a subsequent term of
	confinement in a community corrections facility or jail during the
	same supervision period that, if added to the terms previously
	imposed, exceeds 36 months. (Code Crim. Proc., Art. 42.12, Secs.
	18(b), (h).)
	Art. 42A.603.  EFFECT OF REVOCATION ON CREDIT FOR TIME SPENT
	IN FACILITY. A defendant granted community supervision under this
	chapter and required as a condition of community supervision to
	serve a term of confinement under this subchapter may not earn good
	conduct credit for time spent in a community corrections facility
	or apply time spent in the facility toward completion of a prison
	sentence if the community supervision is revoked. (Code Crim.
	Proc., Art. 42.12, Sec. 18(c).)
	Art. 42A.604.  EVALUATION OF DEFENDANT'S BEHAVIOR AND
	ATTITUDE. (a) As directed by the judge, the community corrections
	facility director shall file with the community supervision and
	corrections department director or administrator of a drug court
	program, as applicable, a copy of an evaluation made by the facility
	director of the defendant's behavior and attitude at the facility.
	The community supervision and corrections department director or
	program administrator shall examine the evaluation, make written
	comments on the evaluation that the director or administrator
	considers relevant, and file the evaluation and comments with the
	judge who granted community supervision to the defendant or placed
	the defendant in a drug court program. If the evaluation indicates
	that the defendant has made significant progress toward compliance
	with court-ordered conditions of community supervision or
	objectives of placement in the drug court program, as applicable,
	the judge may release the defendant from the community corrections
	facility.  A defendant who served a term in the facility as a
	condition of community supervision shall serve the remainder of the
	defendant's community supervision under any terms and conditions
	the court imposes under this chapter.
	(b)  Not later than 18 months after the date on which a
	defendant is granted community supervision under this chapter and
	required as a condition of community supervision to serve a term of
	confinement under this subchapter, the community corrections
	facility director shall file with the community supervision and
	corrections department director a copy of an evaluation made by the
	facility director of the defendant's behavior and attitude at the
	facility. The community supervision and corrections department
	director shall examine the evaluation, make written comments on the
	evaluation that the director considers relevant, and file the
	evaluation and comments with the judge who granted community
	supervision to the defendant. If the report indicates that the
	defendant has made significant progress toward court-ordered
	conditions of community supervision, the judge shall modify the
	judge's sentence and release the defendant in the same manner as
	provided by Subsection (a). If the report indicates that the
	defendant would benefit from continued participation in the
	community corrections facility program, the judge may order the
	defendant to remain at the community corrections facility for a
	period determined by the judge. If the report indicates that the
	defendant has not made significant progress toward rehabilitation,
	the judge may revoke community supervision and order the defendant
	to serve the term of confinement specified in the defendant's
	sentence. (Code Crim. Proc., Art. 42.12, Secs. 18(d), (e).)
	Art. 42A.605.  PLACEMENT IN COMMUNITY SERVICE PROJECT. If
	ordered by the judge who placed the defendant on community
	supervision, a community corrections facility director shall
	attempt to place a defendant as a worker in a community service
	project of a type described by Article 42A.304. (Code Crim. Proc.,
	Art. 42.12, Sec. 18(f).)
	Art. 42A.606.  CONFINEMENT REQUIRED; EXCEPTIONS. A
	defendant participating in a program under this subchapter must be
	confined in the community corrections facility at all times except
	for time spent:
	(1)  attending and traveling to and from:
	(A)  an education or rehabilitation program as
	ordered by the court; or
	(B)  a community service project;
	(2)  away from the facility for purposes described by
	this subchapter; and
	(3)  traveling to and from work, if applicable. (Code
	Crim. Proc., Art. 42.12, Sec. 18(g).)
	Art. 42A.607.  DISPOSITION OF SALARY. If a defendant who is
	required as a condition of community supervision to serve a term of
	confinement under this subchapter is not required by the judge to
	deliver the defendant's salary to the restitution center director,
	the employer of the defendant shall deliver the salary to the
	director.  The director shall deposit the salary into a fund to be
	given to the defendant on release after the director deducts:
	(1)  the cost to the center for the defendant's food,
	housing, and supervision;
	(2)  the necessary expense for the defendant's travel
	to and from work and community service projects, and other
	incidental expenses of the defendant;
	(3)  support of the defendant's dependents; and
	(4)  restitution to the victims of an offense committed
	by the defendant. (Code Crim. Proc., Art. 42.12, Sec. 18(i).)
	SUBCHAPTER N. PAYMENTS; FEES
	Art. 42A.651.  PAYMENT AS CONDITION OF COMMUNITY
	SUPERVISION.  (a)  A judge may not order a defendant to make a
	payment as a term or condition of community supervision, except
	for:
	(1)  the payment of fines, court costs, or restitution
	to the victim; or
	(2)  a payment ordered as a condition that relates
	personally to the rehabilitation of the defendant or that is
	otherwise expressly authorized by law.
	(b)  A defendant's obligation to pay a fine or court cost as
	ordered by a judge is independent of any requirement to pay the fine
	or court cost as a condition of the defendant's community
	supervision.  A defendant remains obligated to pay any unpaid fine
	or court cost after the expiration of the defendant's period of
	community supervision. (Code Crim. Proc., Art. 42.12, Secs. 11(b)
	(part), (b-1).)
	Art. 42A.652.  MONTHLY FEE. (a) Except as otherwise
	provided by this article, a judge who grants community supervision
	to a defendant shall set a fee of not less than $25 and not more than
	$60 to be paid each month during the period of community supervision
	by the defendant to:
	(1)  the court of original jurisdiction; or
	(2)  the court accepting jurisdiction of the
	defendant's case, if jurisdiction is transferred under Article
	42A.151.
	(b)  The judge may make payment of the monthly fee a
	condition of granting or continuing the community supervision. The
	judge may waive or reduce the fee or suspend a monthly payment of
	the fee if the judge determines that payment of the fee would cause
	the defendant a significant financial hardship.
	(c)  A court accepting jurisdiction of a defendant's case
	under Article 42A.151 shall enter an order directing the defendant
	to pay the monthly fee to that court instead of to the court of
	original jurisdiction. To the extent of any conflict between an
	order issued under this subsection and an order issued by a court of
	original jurisdiction, the order entered under this subsection
	prevails.
	(d)  A judge who receives a defendant for supervision as
	authorized by Section 510.017, Government Code, may require the
	defendant to pay the fee authorized by this article.
	(e)  A judge may not require a defendant to pay the fee under
	this article for any month after the period of community
	supervision has been terminated by the judge under Article 42A.701.
	(f)  A judge shall deposit any fee received under this
	article in the special fund of the county treasury, to be used for
	the same purposes for which state aid may be used under Chapter 76,
	Government Code. (Code Crim. Proc., Art. 42.12, Secs. 19(a),
	(a-1), (b), (c) (part), (g).)
	Art. 42A.653.  ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
	OFFENDERS. (a) A judge who grants community supervision to a
	defendant convicted of an offense under Section 21.08, 21.11,
	22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require
	as a condition of community supervision that the defendant pay to
	the defendant's supervision officer a community supervision fee of
	$5 each month during the period of community supervision.
	(b)  A fee imposed under this article is in addition to court
	costs or any other fee imposed on the defendant.
	(c)  A community supervision and corrections department
	shall deposit a fee collected under this article to be sent to the
	comptroller as provided by Subchapter B, Chapter 133, Local
	Government Code. The comptroller shall deposit the fee in the
	sexual assault program fund under Section 420.008, Government Code.
	(d)  If a community supervision and corrections department
	does not collect a fee imposed under this article, the department is
	not required to file any report required by the comptroller that
	relates to the collection of the fee. (Code Crim. Proc., Art.
	42.12, Secs. 19(e), (f), as amended Acts 78th Leg., R.S., Chs. 209,
	1310.)
	Art. 42A.654.  FEES DUE ON CONVICTION.  For the purpose of
	determining when fees due on conviction are to be paid to any
	officer, the placement of a defendant on community supervision is
	considered a final disposition of the case, without the necessity
	of waiting for the termination of the period of community
	supervision.  (Code Crim. Proc., Art. 42.12, Sec. 19(d).)
	Art. 42A.655.  ABILITY TO PAY. The court shall consider the
	defendant's ability to pay in ordering the defendant to make any
	payments under this chapter. (Code Crim. Proc., Art. 42.12, Sec.
	11(b) (part).)
	SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
	PERIOD
	Art. 42A.701.  REDUCTION OR TERMINATION OF COMMUNITY
	SUPERVISION PERIOD.  (a)  At any time after the defendant has
	satisfactorily completed one-third of the original community
	supervision period or two years of community supervision, whichever
	is less, the judge may reduce or terminate the period of community
	supervision.
	(b)  On completion of one-half of the original community
	supervision period or two years of community supervision, whichever
	is more, the judge shall review the defendant's record and consider
	whether to reduce or terminate the period of community supervision,
	unless the defendant:
	(1)  is delinquent in paying required costs, fines,
	fees, or restitution that the defendant has the ability to pay; or
	(2)  has not completed court-ordered counseling or
	treatment.
	(c)  Before reducing or terminating a period of community
	supervision or conducting a review under this article, the judge
	shall notify the attorney representing the state and the defendant
	or, if the defendant has an attorney, the defendant's attorney.
	(d)  If the judge determines that the defendant has failed to
	satisfactorily fulfill the conditions of community supervision,
	the judge shall advise the defendant in writing of the requirements
	for satisfactorily fulfilling those conditions.
	(e)  On the satisfactory fulfillment of the conditions of
	community supervision and the expiration of the period of community
	supervision, the judge by order shall:
	(1)  amend or modify the original sentence imposed, if
	necessary, to conform to the community supervision period; and
	(2)  discharge the defendant.
	(f)  If the judge discharges the defendant under this
	article, the judge may set aside the verdict or permit the defendant
	to withdraw the defendant's plea.  A judge acting under this
	subsection shall dismiss the accusation, complaint, information,
	or indictment against the defendant.  A defendant who receives a
	discharge and dismissal under this subsection is released from all
	penalties and disabilities resulting from the offense of which the
	defendant has been convicted or to which the defendant has pleaded
	guilty, except that:
	(1)  proof of the conviction or plea of guilty shall be
	made known to the judge if the defendant is convicted of any
	subsequent offense; and
	(2)  if the defendant is an applicant for or the holder
	of a license under Chapter 42, Human Resources Code, the Department
	of Family and Protective Services may consider the fact that the
	defendant previously has received community supervision under this
	chapter in issuing, renewing, denying, or revoking a license under
	Chapter 42, Human Resources Code.
	(g)  This article does not apply to a defendant convicted of:
	(1)  an offense under Sections 49.04-49.08, Penal Code;
	(2)  an offense the conviction of which requires
	registration as a sex offender under Chapter 62; or
	(3)  a felony described by Article 42A.054. (Code
	Crim. Proc., Art. 42.12, Sec. 20.)
	Art. 42A.702.  TIME CREDITS FOR COMPLETION OF CERTAIN
	CONDITIONS OF COMMUNITY SUPERVISION. (a)  This article applies
	only to a defendant who:
	(1)  is granted community supervision, including
	deferred adjudication community supervision, for an offense
	punishable as a state jail felony or a felony of the third degree,
	other than an offense:
	(A)  included as a "reportable conviction or
	adjudication" under Article 62.001(5);
	(B)  involving family violence as defined by
	Section 71.004, Family Code;
	(C)  under Section 20.03 or 28.02, Penal Code; or
	(D)  under Chapter 49, Penal Code;
	(2)  is not delinquent in paying required costs, fines,
	or fees; and
	(3)  has fully satisfied any order to pay restitution
	to a victim.
	(b)  A defendant described by Subsection (a) is entitled to
	receive any combination of time credits toward the completion of
	the defendant's period of community supervision in accordance with
	this article if the court ordered the defendant as a condition of
	community supervision to:
	(1)  make a payment described by Subsection (c);
	(2)  complete a treatment or rehabilitation program
	described by Subsection (d); or
	(3)  earn a diploma, certificate, or degree described
	by Subsection (e).
	(c)  A defendant is entitled to time credits toward the
	completion of the defendant's period of community supervision for
	the full payment of court costs, fines, attorney's fees, and
	restitution as follows:
	(1)  court costs: 15 days;
	(2)  fines: 30 days;
	(3)  attorney's fees: 30 days; and
	(4)  restitution: 60 days.
	(d)  A defendant is entitled to time credits toward the
	completion of the defendant's period of community supervision for
	the successful completion of treatment or rehabilitation programs
	as follows:
	(1)  parenting class or parental responsibility
	program: 30 days;
	(2)  anger management program: 30 days;
	(3)  life skills training program: 30 days;
	(4)  vocational, technical, or career education or
	training program: 60 days; and
	(5)  alcohol or substance abuse counseling or
	treatment: 90 days.
	(e)  A defendant is entitled to time credits toward the
	completion of the defendant's period of community supervision for
	earning the following diplomas, certificates, or degrees:
	(1)  a high school diploma or high school equivalency
	certificate: 90 days; and
	(2)  an associate's degree: 120 days.
	(f)  A defendant's supervision officer shall notify the
	court if one or more time credits under this article, cumulated with
	the amount of the original community supervision period the
	defendant has completed, allow or require the court to conduct a
	review of the defendant's community supervision under Article
	42A.701. On receipt of the notice from the supervision officer, the
	court shall conduct the review of the defendant's community
	supervision to determine if the defendant is eligible for a
	reduction or termination of community supervision under Article
	42A.701, taking into account any time credits to which the
	defendant is entitled under this article in determining if the
	defendant has completed, as applicable:
	(1)  the lesser of one-third of the original community
	supervision period or two years of community supervision; or
	(2)  the greater of one-half of the original community
	supervision period or two years of community supervision.
	(g)  A court may order that some or all of the time credits to
	which a defendant is entitled under this article be forfeited if,
	before the expiration of the original period or a reduced period of
	community supervision, the court:
	(1)  after a hearing under Article 42A.751(d), finds
	that a defendant violated one or more conditions of community
	supervision; and
	(2)  modifies or continues the defendant's period of
	community supervision under Article 42A.752 or revokes the
	defendant's community supervision under Article 42A.755. (Code
	Crim. Proc., Art. 42.12, Sec. 20A.)
	SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
	Art. 42A.751.  VIOLATION OF CONDITIONS OF COMMUNITY
	SUPERVISION; DETENTION AND HEARING. (a) At any time during the
	period of community supervision, the judge may issue a warrant for a
	violation of any condition of community supervision and cause a
	defendant convicted under Section 43.02, Penal Code, Chapter 481,
	Health and Safety Code, or Sections 485.031 through 485.035, Health
	and Safety Code, or placed on deferred adjudication community
	supervision after being charged with one of those offenses, to be
	subject to:
	(1)  the control measures of Section 81.083, Health and
	Safety Code; and
	(2)  the court-ordered-management provisions of
	Subchapter G, Chapter 81, Health and Safety Code.
	(b)  At any time during the period of community supervision,
	the judge may issue a warrant for a violation of any condition of
	community supervision and cause the defendant to be arrested.  Any
	supervision officer, police officer, or other officer with the
	power of arrest may arrest the defendant with or without a warrant
	on the order of the judge to be noted on the docket of the court.
	Subject to Subsection (c), a defendant arrested under this
	subsection may be detained in the county jail or other appropriate
	place of confinement until the defendant can be taken before the
	judge for a determination regarding the alleged violation.  The
	arresting officer shall immediately report the arrest and detention
	to the judge.
	(c)  Without any unnecessary delay, but not later than 48
	hours after the defendant is arrested, the arresting officer or the
	person with custody of the defendant shall take the defendant
	before the judge who ordered the arrest for the alleged violation of
	a condition of community supervision or, if the judge is
	unavailable, before a magistrate of the county in which the
	defendant was arrested.  The judge or magistrate shall perform all
	appropriate duties and may exercise all appropriate powers as
	provided by Article 15.17 with respect to an arrest for a new
	offense, except that only the judge who ordered the arrest for the
	alleged violation may authorize the defendant's release on
	bail.  The defendant may be taken before the judge or magistrate
	under this subsection by means of an electronic broadcast system as
	provided by and subject to the requirements of Article 15.17.
	(d)  If the defendant has not been released on bail as
	permitted under Subsection (c), on motion by the defendant, the
	judge who ordered the arrest for the alleged violation of a
	condition of community supervision shall cause the defendant to be
	brought before the judge for a hearing on the alleged violation
	within 20 days of the date the motion is filed.  After a hearing
	without a jury, the judge may continue, extend, modify, or revoke
	the community supervision.
	(e)  A judge may revoke without a hearing the community
	supervision of a defendant who is imprisoned in a penal institution
	if the defendant in writing before a court of record in the
	jurisdiction where the defendant is imprisoned:
	(1)  waives the defendant's right to a hearing and to
	counsel;
	(2)  affirms that the defendant has nothing to say as to
	why sentence should not be pronounced against the defendant; and
	(3)  requests the judge to revoke community supervision
	and to pronounce sentence.
	(f)  In a felony case, the state may amend the motion to
	revoke community supervision at any time before the seventh day
	before the date of the revocation hearing, after which time the
	motion may not be amended except for good cause shown.  The state
	may not amend the motion after the commencement of taking evidence
	at the revocation hearing.
	(g)  The judge may continue the revocation hearing for good
	cause shown by either the defendant or the state.
	(h)  The court may not revoke the community supervision of a
	defendant if, at the revocation hearing, the court finds that the
	only evidence supporting the alleged violation of a condition of
	community supervision is the uncorroborated results of a polygraph
	examination.
	(i)  In a revocation hearing at which it is alleged only that
	the defendant violated the conditions of community supervision by
	failing to pay compensation paid to appointed counsel, community
	supervision fees, or court costs, the state must prove by a
	preponderance of the evidence that the defendant was able to pay and
	did not pay as ordered by the judge.
	(j)  The court may order a community supervision and
	corrections department to obtain information pertaining to the
	factors listed under Article 42.037(h) and include that information
	in the presentence report required under Article 42A.252(a) or a
	separate report, as the court directs.
	(k)  A defendant has a right to counsel at a hearing under
	this article. The court shall appoint counsel for an indigent
	defendant in accordance with the procedures adopted under Article
	26.04.
	(l)  A court retains jurisdiction to hold a hearing under
	Subsection (d) and to revoke, continue, or modify community
	supervision, regardless of whether the period of 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 revoke, continue, or modify community supervision; and
	(2)  a capias is issued for the arrest of the defendant.
	(Code Crim. Proc., Art. 42.12, Sec. 21.)
	Art. 42A.752.  CONTINUATION OR MODIFICATION OF COMMUNITY
	SUPERVISION AFTER VIOLATION. (a) If after a hearing under Article
	42A.751(d) a judge continues or modifies community supervision
	after determining that the defendant violated a condition of
	community supervision, the judge may impose any other conditions
	the judge determines are appropriate, including:
	(1)  a requirement that the defendant perform community
	service for a number of hours specified by the court under Article
	42A.304, or an increase in the number of hours that the defendant
	has previously been required to perform under that article in an
	amount not to exceed double the number of hours permitted by that
	article;
	(2)  an extension of the period of community
	supervision, in the manner described by Article 42A.753;
	(3)  an increase in the defendant's fine, in the manner
	described by Subsection (b); or
	(4)  the placement of the defendant in a substance
	abuse felony punishment program operated under Section 493.009,
	Government Code, if:
	(A)  the defendant is convicted of a felony other
	than:
	(i)  a felony under Section 21.11, 22.011,
	or 22.021, Penal Code; or
	(ii)  criminal attempt of a felony under
	Section 21.11, 22.011, or 22.021, Penal Code; and
	(B)  the judge makes an affirmative finding that:
	(i)  drug or alcohol abuse significantly
	contributed to the commission of the offense or violation of a
	condition of community supervision, as applicable; and
	(ii)  the defendant is a suitable candidate
	for treatment, as determined by the suitability criteria
	established by the Texas Board of Criminal Justice under Section
	493.009(b), Government Code.
	(b)  A judge may impose a sanction on a defendant described
	by Subsection (a)(3) by increasing the fine imposed on the
	defendant. The original fine imposed on the defendant and an
	increase in the fine imposed under this subsection may not exceed
	the maximum fine for the offense for which the defendant was
	sentenced. The judge shall deposit money received from an increase
	in the defendant's fine under this subsection in the special fund of
	the county treasury to be used for the same purposes for which state
	aid may be used under Chapter 76, Government Code.
	(c)  If the judge imposes a sanction under Subsection (a)(4),
	the judge shall also impose a condition requiring the defendant on
	successful completion of the program to participate in a drug or
	alcohol abuse continuum of care treatment plan. (Code Crim. Proc.,
	Art. 42.12, Secs. 22(a), (b), (d).)
	Art. 42A.753.  EXTENSION OF COMMUNITY SUPERVISION AFTER
	VIOLATION. (a) On a showing of good cause, the judge may extend a
	period of community supervision under Article 42A.752(a)(2) as
	frequently as the judge determines is necessary, but the period of
	community supervision in a first, second, or third degree felony
	case may not exceed 10 years and, except as otherwise provided by
	Subsection (b), the period of community supervision in a
	misdemeanor case may not exceed three years.
	(b)  The judge may extend the period of community supervision
	in a misdemeanor case for any period the judge determines is
	necessary, not to exceed an additional two years beyond the
	three-year limit provided by Subsection (a), if:
	(1)  the defendant fails to pay a previously assessed
	fine, cost, or restitution; and
	(2)  the judge determines that extending the
	supervision period increases the likelihood that the defendant will
	fully pay the fine, cost, or restitution.
	(c)  A court may extend a period of community supervision
	under Article 42A.752(a)(2):
	(1)  at any time during the supervision period; or
	(2)  before the first anniversary of the date the
	supervision period ends, if a motion for revocation of community
	supervision is filed before the date the supervision period ends.
	(Code Crim. Proc., Art. 42.12, Sec. 22(c).)
	Art. 42A.754.  AUTHORITY TO REVOKE COMMUNITY SUPERVISION.
	Only the court in which the defendant was tried may revoke the
	defendant's community supervision unless the judge has transferred
	jurisdiction of the case to another court under Article 42A.151.
	(Code Crim. Proc., Art. 42.12, Sec. 10(a) (part).)
	Art. 42A.755.  REVOCATION OF COMMUNITY SUPERVISION. (a) If
	community supervision is revoked after a hearing under Article
	42A.751(d), the judge may:
	(1)  proceed to dispose of the case as if there had been
	no community supervision; or
	(2)  if the judge determines that the best interests of
	society and the defendant would be served by a shorter term of
	confinement, reduce the term of confinement originally assessed to
	any term of confinement not less than the minimum prescribed for the
	offense of which the defendant was convicted.
	(b)  The judge shall enter in the judgment in the case the
	amount of restitution owed by the defendant on the date of
	revocation.
	(c)  Except as otherwise provided by Subsection (d), no part
	of the period that the defendant is on community supervision may be
	considered as any part of the term that the defendant is sentenced
	to serve.
	(d)  On revocation, the judge shall credit to the defendant
	time served as a condition of community supervision in a substance
	abuse felony punishment facility operated by the Texas Department
	of Criminal Justice under Section 493.009, Government Code, or
	other court-ordered residential program or facility, but only if
	the defendant successfully completes the treatment program in that
	facility.
	(e)  The right of the defendant to appeal for a review of the
	conviction and punishment, as provided by law, shall be accorded
	the defendant at the time the defendant is placed on community
	supervision.  When the defendant is notified that the defendant's
	community supervision is revoked for a violation of the conditions
	of community supervision and the defendant is called on to serve a
	sentence in a jail or in the Texas Department of Criminal Justice,
	the defendant may appeal the revocation. (Code Crim. Proc.,
	Art. 42.12, Sec. 23.)
	Art. 42A.756.  DUE DILIGENCE DEFENSE.  For the purposes of a
	hearing under Article 42A.751(d), 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.  (Code Crim. Proc.,
	Art. 42.12, Sec. 24 (part).)
	Art. 42A.757.  EXTENSION OF COMMUNITY SUPERVISION FOR
	CERTAIN SEX OFFENDERS. (a) If a defendant is placed on deferred
	adjudication community supervision after being convicted of an
	offense under Section 21.11, 22.011, or 22.021, Penal Code, at any
	time during the period of community supervision, the judge may
	extend the period of community supervision as provided by this
	article.
	(b)  At a hearing at which the defendant is provided the same
	rights as are provided to a defendant at a hearing under Article
	42A.751(d), the judge may extend the defendant's supervision period
	for a period not to exceed 10 additional years if the judge
	determines that:
	(1)  the defendant has not sufficiently demonstrated a
	commitment to avoid future criminal behavior; and
	(2)  the release of the defendant from supervision
	would endanger the public.
	(c)  A judge may extend a period of community supervision
	under this article only once.
	(d)  A judge may extend a period of community supervision for
	a defendant under both Article 42A.752(a)(2) and this article.
	(e)  The prohibition in Article 42A.753(a) against a period
	of community supervision in a felony case exceeding 10 years does
	not apply to a defendant for whom community supervision is
	increased under this article or under both Article 42A.752(a)(2) and this article. (Code Crim. Proc., Art. 42.12, Sec. 22A.)
	ARTICLE 2. CONFORMING AMENDMENTS
	SECTION 2.01.  Sections 106.06(d) and (e), Alcoholic
	Beverage Code, are amended to read as follows:
	(d)  A judge, acting under Chapter 42A [Article 42.12], Code
	of Criminal Procedure, who places a defendant charged with an
	offense under this section on community supervision under that
	chapter [article] shall, if the defendant committed the offense at
	a gathering where participants were involved in the abuse of
	alcohol, including binge drinking or forcing or coercing
	individuals to consume alcohol, in addition to any other condition
	imposed by the judge:
	(1)  require the defendant to:
	(A)  perform community service for not less than
	20 or more than 40 hours; and
	(B)  attend an alcohol awareness program approved
	under Section 106.115; and
	(2)  order the Department of Public Safety to suspend
	the driver's license or permit of the defendant or, if the defendant
	does not have a driver's license or permit, to deny the issuance of
	a driver's license or permit to the defendant for 180 days.
	(e)  Community service ordered under Subsection (d) is in
	addition to any community service ordered by the judge under
	Article 42A.304 [Section 16, Article 42.12], Code of Criminal
	Procedure, and must be related to education about or prevention of
	misuse of alcohol if programs or services providing that education
	are available in the community in which the court is located. If
	programs or services providing that education are not available,
	the court may order community service that the court considers
	appropriate for rehabilitative purposes.
	SECTION 2.02.  Section 142.002(b), Civil Practice and
	Remedies Code, is amended to read as follows:
	(b)  This section does not preclude a cause of action for
	negligent hiring or the failure of an employer, general contractor,
	premises owner, or other third party to provide adequate
	supervision of an employee, if:
	(1)  the employer, general contractor, premises owner,
	or other third party knew or should have known of the conviction;
	and
	(2)  the employee was convicted of:
	(A)  an offense that was committed while
	performing duties substantially similar to those reasonably
	expected to be performed in the employment, or under conditions
	substantially similar to those reasonably expected to be
	encountered in the employment, taking into consideration the
	factors listed in Sections 53.022 and 53.023(a), Occupations Code,
	without regard to whether the occupation requires a license;
	(B)  an offense listed in Article 42A.054 [Section
	3g, Article 42.12], Code of Criminal Procedure; or
	(C)  a sexually violent offense, as defined by
	Article 62.001, Code of Criminal Procedure.
	SECTION 2.03.  Section 152.003(c), Civil Practice and
	Remedies Code, is amended to read as follows:
	(c)  A criminal case may not be referred to the system if the
	defendant is charged with or convicted of an offense listed in
	Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
	Criminal Procedure, or convicted of an offense, the judgment for
	which contains an affirmative finding under Article 42A.054(c) or
	(d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
	SECTION 2.04.  Article 5.08, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 5.08.  MEDIATION IN FAMILY VIOLENCE CASES.
	Notwithstanding Article 26.13(g) or 42A.301(15) [Section
	11(a)(16), Article 42.12, of this code], in a criminal prosecution
	arising from family violence, as that term is defined by Section
	71.004, Family Code, a court shall not refer or order the victim or
	the defendant involved to mediation, dispute resolution,
	arbitration, or other similar procedures.
	SECTION 2.05.  Article 17.091, Code of Criminal Procedure,
	is amended to read as follows:
	Art. 17.091.  NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
	Before a judge or magistrate reduces the amount of bail set for a
	defendant charged with an offense listed in Article 42A.054
	[Section 3g, Article 42.12], an offense described by Article
	62.001(5), or an offense under Section 20A.03, Penal Code, the
	judge or magistrate shall provide:
	(1)  to the attorney representing the state, reasonable
	notice of the proposed bail reduction; and
	(2)  on request of the attorney representing the state
	or the defendant or the defendant's counsel, an opportunity for a
	hearing concerning the proposed bail reduction.
	SECTION 2.06.  Article 26.052(d)(3), Code of Criminal
	Procedure, is amended to read as follows:
	(3)  The standards must require that an attorney
	appointed as lead appellate counsel in the direct appeal of a
	capital case:
	(A)  be a member of the State Bar of Texas;
	(B)  exhibit proficiency and commitment to
	providing quality representation to defendants in death penalty
	cases;
	(C)  have not been found by a federal or state
	court to have rendered ineffective assistance of counsel during the
	trial or appeal of any capital case, unless the local selection
	committee determines under Subsection (n) that the conduct
	underlying the finding no longer accurately reflects the attorney's
	ability to provide effective representation;
	(D)  have at least five years of criminal law
	experience;
	(E)  have authored a significant number of
	appellate briefs, including appellate briefs for homicide cases and
	other cases involving an offense punishable as a capital felony or a
	felony of the first degree or an offense described by Article
	42A.054(a) [Section 3g(a)(1), Article 42.12];
	(F)  have trial or appellate experience in:
	(i)  the use of and challenges to mental
	health or forensic expert witnesses; and
	(ii)  the use of mitigating evidence at the
	penalty phase of a death penalty trial; and
	(G)  have participated in continuing legal
	education courses or other training relating to criminal defense in
	appealing death penalty cases.
	SECTION 2.07.  Section 3(d), Article 37.07, Code of Criminal
	Procedure, is amended to read as follows:
	(d)  When the judge assesses the punishment, the judge [he]
	may order a presentence [an investigative] report as contemplated
	in Subchapter F, Chapter 42A, [Section 9 of Article 42.12 of this
	code] and after considering the report, and after the hearing of the
	evidence hereinabove provided for, the judge [he] shall forthwith
	announce the judge's [his] decision in open court as to the
	punishment to be assessed.
	SECTION 2.08.  Sections 4(a), (b), and (c), Article 37.07,
	Code of Criminal Procedure, are amended to read as follows:
	(a)  In the penalty phase of the trial of a felony case in
	which the punishment is to be assessed by the jury rather than the
	court, if the offense of which the jury has found the defendant
	guilty is an offense under Section 71.02, Penal Code, other than an
	offense punishable as a state jail felony under that section, an
	offense under Section 71.023, Penal Code, or an offense listed in
	Article 42A.054(a) [Section 3g(a)(1), Article 42.12], or if the
	judgment contains an affirmative finding under Article 42A.054(c)
	or (d) [Section 3g(a)(2), Article 42.12], unless the defendant has
	been convicted of an offense under Section 21.02, Penal Code, an
	offense under Section 22.021, Penal Code, that is punishable under
	Subsection (f) of that section, or a capital felony, the court shall
	charge the jury in writing as follows:
	"Under the law applicable in this case, the defendant, if
	sentenced to a term of imprisonment, may earn time off the period of
	incarceration imposed through the award of good conduct time.
	Prison authorities may award good conduct time to a prisoner who
	exhibits good behavior, diligence in carrying out prison work
	assignments, and attempts at rehabilitation.  If a prisoner engages
	in misconduct, prison authorities may also take away all or part of
	any good conduct time earned by the prisoner.
	"It is also possible that the length of time for which the
	defendant will be imprisoned might be reduced by the award of
	parole.
	"Under the law applicable in this case, if the defendant is
	sentenced to a term of imprisonment, the defendant will not become
	eligible for parole until the actual time served equals one-half of
	the sentence imposed or 30 years, whichever is less, without
	consideration of any good conduct time the defendant may earn.  If
	the defendant is sentenced to a term of less than four years, the
	defendant must serve at least two years before the defendant is
	eligible for parole.  Eligibility for parole does not guarantee
	that parole will be granted.
	"It cannot accurately be predicted how the parole law and
	good conduct time might be applied to this defendant if sentenced to
	a term of imprisonment, because the application of these laws will
	depend on decisions made by prison and parole authorities.
	"You may consider the existence of the parole law and good
	conduct time.  However, you are not to consider the extent to which
	good conduct time may be awarded to or forfeited by this particular
	defendant.  You are not to consider the manner in which the parole
	law may be applied to this particular defendant."
	(b)  In the penalty phase of the trial of a felony case in
	which the punishment is to be assessed by the jury rather than the
	court, if the offense is punishable as a felony of the first degree,
	if a prior conviction has been alleged for enhancement of
	punishment as provided by Section 12.42(b), (c)(1) or (2), or (d),
	Penal Code, or if the offense is a felony not designated as a
	capital felony or a felony of the first, second, or third degree and
	the maximum term of imprisonment that may be imposed for the offense
	is longer than 60 years, unless the offense of which the jury has
	found the defendant guilty is an offense that is punishable under
	Section 21.02(h), Penal Code, or is listed in Article 42A.054(a)
	[Section 3g(a)(1), Article 42.12, of this code] or the judgment
	contains an affirmative finding under Article 42A.054(c) or (d)
	[Section 3g(a)(2), Article 42.12, of this code], the court shall
	charge the jury in writing as follows:
	"Under the law applicable in this case, the defendant, if
	sentenced to a term of imprisonment, may earn time off the period of
	incarceration imposed through the award of good conduct time.
	Prison authorities may award good conduct time to a prisoner who
	exhibits good behavior, diligence in carrying out prison work
	assignments, and attempts at rehabilitation.  If a prisoner engages
	in misconduct, prison authorities may also take away all or part of
	any good conduct time earned by the prisoner.
	"It is also possible that the length of time for which the
	defendant will be imprisoned might be reduced by the award of
	parole.
	"Under the law applicable in this case, if the defendant is
	sentenced to a term of imprisonment, he will not become eligible for
	parole until the actual time served plus any good conduct time
	earned equals one-fourth of the sentence imposed or 15 years,
	whichever is less.  Eligibility for parole does not guarantee that
	parole will be granted.
	"It cannot accurately be predicted how the parole law and
	good conduct time might be applied to this defendant if he is
	sentenced to a term of imprisonment, because the application of
	these laws will depend on decisions made by prison and parole
	authorities.
	"You may consider the existence of the parole law and good
	conduct time.  However, you are not to consider the extent to which
	good conduct time may be awarded to or forfeited by this particular
	defendant.  You are not to consider the manner in which the parole
	law may be applied to this particular defendant."
	(c)  In the penalty phase of the trial of a felony case in
	which the punishment is to be assessed by the jury rather than the
	court, if the offense is punishable as a felony of the second or
	third degree, if a prior conviction has been alleged for
	enhancement as provided by Section 12.42(a), Penal Code, or if the
	offense is a felony not designated as a capital felony or a felony
	of the first, second, or third degree and the maximum term of
	imprisonment that may be imposed for the offense is 60 years or
	less, unless the offense of which the jury has found the defendant
	guilty is listed in Article 42A.054(a) [Section 3g(a)(1), Article
	42.12, of this code] or the judgment contains an affirmative
	finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
	42.12, of this code], the court shall charge the jury in writing as
	follows:
	"Under the law applicable in this case, the defendant, if
	sentenced to a term of imprisonment, may earn time off the period of
	incarceration imposed through the award of good conduct time.
	Prison authorities may award good conduct time to a prisoner who
	exhibits good behavior, diligence in carrying out prison work
	assignments, and attempts at rehabilitation. If a prisoner engages
	in misconduct, prison authorities may also take away all or part of
	any good conduct time earned by the prisoner.
	"It is also possible that the length of time for which the
	defendant will be imprisoned might be reduced by the award of
	parole.
	"Under the law applicable in this case, if the defendant is
	sentenced to a term of imprisonment, he will not become eligible for
	parole until the actual time served plus any good conduct time
	earned equals one-fourth of the sentence imposed. Eligibility for
	parole does not guarantee that parole will be granted.
	"It cannot accurately be predicted how the parole law and
	good conduct time might be applied to this defendant if he is
	sentenced to a term of imprisonment, because the application of
	these laws will depend on decisions made by prison and parole
	authorities.
	"You may consider the existence of the parole law and good
	conduct time. However, you are not to consider the extent to which
	good conduct time may be awarded to or forfeited by this particular
	defendant. You are not to consider the manner in which the parole
	law may be applied to this particular defendant."
	SECTION 2.09.  Section 1, Article 38.33, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 1.  The court shall order that a defendant who is
	convicted of a felony or a misdemeanor offense that is punishable by
	confinement in jail have a thumbprint of the defendant's right
	thumb rolled legibly on the judgment or the docket sheet in the
	case.  The court shall order a defendant who is placed on deferred
	adjudication community supervision [probation] under Subchapter C,
	Chapter 42A [Section 5 of Article 42.12, Code of Criminal
	Procedure], for an offense described by this section to have a
	thumbprint of the defendant's right thumb rolled legibly on the
	order placing the defendant on deferred adjudication community
	supervision [probation].  If the defendant does not have a right
	thumb, the defendant must have a thumbprint of the defendant's left
	thumb rolled legibly on the judgment, order, or docket sheet.  The
	defendant must have a fingerprint of the defendant's index finger
	rolled legibly on the judgment, order, or docket sheet if the
	defendant does not have a right thumb or a left thumb.  The
	judgment, order, or docket sheet must contain a statement that
	describes from which thumb or finger the print was taken, unless a
	rolled 10-finger print set was taken.  A clerk or bailiff of the
	court or other person qualified to take fingerprints shall take the
	thumbprint or fingerprint, either by use of the ink-rolled print
	method or by use of a live-scanning device that prints the
	thumbprint or fingerprint image on the judgment, order, or docket
	sheet.
	SECTION 2.10.  Section 1, Article 42.01, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 1.  A judgment is the written declaration of the court
	signed by the trial judge and entered of record showing the
	conviction or acquittal of the defendant.  The sentence served
	shall be based on the information contained in the judgment.  The
	judgment shall reflect:
	1.  The title and number of the case;
	2.  That the case was called and the parties appeared,
	naming the attorney for the state, the defendant, and the attorney
	for the defendant, or, where a defendant is not represented by
	counsel, that the defendant knowingly, intelligently, and
	voluntarily waived the right to representation by counsel;
	3.  The plea or pleas of the defendant to the offense
	charged;
	4.  Whether the case was tried before a jury or a jury
	was waived;
	5.  The submission of the evidence, if any;
	6.  In cases tried before a jury that the jury was
	charged by the court;
	7.  The verdict or verdicts of the jury or the finding
	or findings of the court;
	8.  In the event of a conviction that the defendant is
	adjudged guilty of the offense as found by the verdict of the jury
	or the finding of the court, and that the defendant be punished in
	accordance with the jury's verdict or the court's finding as to the
	proper punishment;
	9.  In the event of conviction where death or any
	punishment is assessed that the defendant be sentenced to death, a
	term of confinement or community supervision, or to pay a fine, as
	the case may be;
	10.  In the event of conviction where the imposition of
	sentence is suspended and the defendant is placed on community
	supervision, setting forth the punishment assessed, the length of
	community supervision, and the conditions of community
	supervision;
	11.  In the event of acquittal that the defendant be
	discharged;
	12.  The county and court in which the case was tried
	and, if there was a change of venue in the case, the name of the
	county in which the prosecution was originated;
	13.  The offense or offenses for which the defendant
	was convicted;
	14.  The date of the offense or offenses and degree of
	offense for which the defendant was convicted;
	15.  The term of sentence;
	16.  The date judgment is entered;
	17.  The date sentence is imposed;
	18.  The date sentence is to commence and any credit for
	time served;
	19.  The terms of any order entered pursuant to Article
	42.08 [of this code] that the defendant's sentence is to run
	cumulatively or concurrently with another sentence or sentences;
	20.  The terms of any plea bargain;
	21.  Affirmative findings entered pursuant to Article
	42A.054(c) or (d) [Subdivision (2) of Subsection (a) of Section 3g
	of Article 42.12 of this code];
	22.  The terms of any fee payment ordered under Article
	42.151 [of this code];
	23.  The defendant's thumbprint taken in accordance
	with Article 38.33 [of this code];
	24.  In the event that the judge orders the defendant to
	repay a reward or part of a reward under Articles 37.073 and 42.152
	[of this code], a statement of the amount of the payment or payments
	required to be made;
	25.  In the event that the court orders restitution to
	be paid to the victim, a statement of the amount of restitution
	ordered and:
	(A)  the name and address of a person or agency
	that will accept and forward restitution payments to the victim; or
	(B)  if the court specifically elects to have
	payments made directly to the crime victim, the name and permanent
	address of the victim at the time of judgment;
	26.  In the event that a presentence investigation is
	required by Subchapter F, Chapter 42A [Section 9(a), (b), (h), or
	(i), Article 42.12 of this code], a statement that the presentence
	investigation was done according to the applicable provision;
	27.  In the event of conviction of an offense for which
	registration as a sex offender is required under Chapter 62, a
	statement that the registration requirement of that chapter applies
	to the defendant and a statement of the age of the victim of the
	offense;
	28.  The defendant's state identification number
	required by Section 60.052(a)(2), if that number has been assigned
	at the time of the judgment; and
	29.  The incident number required by Section
	60.052(a)(4), if that number has been assigned at the time of the
	judgment.
	SECTION 2.11.  Article 42.025(b), Code of Criminal
	Procedure, is amended to read as follows:
	(b)  A judge may, at a secondary school, receive a plea of
	guilty or nolo contendere from a defendant charged with an offense
	described by Subsection (a) and place the defendant on deferred
	adjudication under Subchapter C, Chapter 42A [Section 5, Article
	42.12], if:
	(1)  the judge makes the determination that the
	proceeding would have educational value, as provided by Subsection
	(a)(1);
	(2)  the defendant and the school agree to the location
	of the proceeding, as provided by Subsections (a)(2) and (3); and
	(3)  appropriate measures are taken in regard to the
	safety of students and the rights of the defendant, as described by
	Subsection (a)(4).
	SECTION 2.12.  Section 2(b), Article 42.03, Code of Criminal
	Procedure, is amended to read as follows:
	(b)  In all revocations of a suspension of the imposition of
	a sentence the judge shall enter the restitution [or reparation]
	due and owing on the date of the revocation.
	SECTION 2.13.  Articles 42.037(i) and (j), Code of Criminal
	Procedure, are amended to read as follows:
	(i)  In addition to any other terms and conditions of
	community supervision [probation] imposed under Chapter 42A
	[Article 42.12], the court may require a defendant [probationer] to
	reimburse the compensation to victims of crime fund created under
	Subchapter B, Chapter 56, for any amounts paid from that fund to or
	on behalf of a victim of the defendant's [probationer's] offense.
	In this subsection, "victim" has the meaning assigned by Article
	56.32.
	(j)  The court may order a community supervision and
	corrections department to obtain information pertaining to the
	factors listed in Subsection (c) [of this article].  The
	supervision [probation] officer shall include the information in
	the report required under Article 42A.252(a) [Section 9(a), Article
	42.12, of this code] or a separate report, as the court directs.
	The court shall permit the defendant and the prosecuting attorney
	to read the report.
	SECTION 2.14.  Article 42.08(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  When the same defendant has been convicted in two or
	more cases, judgment and sentence shall be pronounced in each case
	in the same manner as if there had been but one conviction.  Except
	as provided by Subsections [Sections] (b) and (c) [of this
	article], in the discretion of the court, the judgment in the second
	and subsequent convictions may either be that the sentence imposed
	or suspended shall begin when the judgment and the sentence imposed
	or suspended in the preceding conviction has ceased to operate, or
	that the sentence imposed or suspended shall run concurrently with
	the other case or cases, and sentence and execution shall be
	accordingly; provided, however, that the cumulative total of
	suspended sentences in felony cases shall not exceed 10 years, and
	the cumulative total of suspended sentences in misdemeanor cases
	shall not exceed the maximum period of confinement in jail
	applicable to the misdemeanor offenses, though in no event more
	than three years, including extensions of periods of community
	supervision under Article 42A.752(a)(2) [Section 22, Article
	42.12, of this code], if none of the offenses are offenses under
	Chapter 49, Penal Code, or four years, including extensions, if any
	of the offenses are offenses under Chapter 49, Penal Code.
	SECTION 2.15.  Section 7, Article 42.09, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 7.  If a defendant is sentenced to a term of
	imprisonment in the Texas Department of Criminal Justice but is not
	transferred to the department under Section 3 or 4, the court,
	before the date on which it would lose jurisdiction under Article
	42A.202(a) [Section 6(a), Article 42.12], shall send to the
	department a document containing a statement of the date on which
	the defendant's sentence was pronounced and credits earned by the
	defendant under Article 42.03 as of the date of the statement.
	SECTION 2.16.  Section 8(a), Article 42.09, Code of Criminal
	Procedure, is amended to read as follows:
	(a)  A county that transfers a defendant to the Texas
	Department of Criminal Justice under this article shall deliver to
	an officer designated by the department:
	(1)  a copy of the judgment entered pursuant to Article
	42.01, completed on a standardized felony judgment form described
	by Section 4 of that article;
	(2)  a copy of any order revoking community supervision
	and imposing sentence pursuant to Article 42A.755 [Section 23,
	Article 42.12], including:
	(A)  any amounts owed for restitution, fines, and
	court costs, completed on a standardized felony judgment form
	described by Section 4, Article 42.01; and
	(B)  a copy of the client supervision plan
	prepared for the defendant by the community supervision and
	corrections department supervising the defendant, if such a plan
	was prepared;
	(3)  a written report that states the nature and the
	seriousness of each offense and that states the citation to the
	provision or provisions of the Penal Code or other law under which
	the defendant was convicted;
	(4)  a copy of the victim impact statement, if one has
	been prepared in the case under Article 56.03;
	(5)  a statement as to whether there was a change in
	venue in the case and, if so, the names of the county prosecuting
	the offense and the county in which the case was tried;
	(6)  if requested, information regarding the criminal
	history of the defendant, including the defendant's state
	identification number if the number has been issued;
	(7)  a copy of the indictment or information for each
	offense;
	(8)  a checklist sent by the department to the county
	and completed by the county in a manner indicating that the
	documents required by this subsection and Subsection (c) accompany
	the defendant;
	(9)  if prepared, a copy of a presentence or
	postsentence [investigation] report prepared under Subchapter F,
	Chapter 42A [Section 9, Article 42.12];
	(10)  a copy of any detainer, issued by an agency of the
	federal government, that is in the possession of the county and that
	has been placed on the defendant;
	(11)  if prepared, a copy of the defendant's Texas
	Uniform Health Status Update Form; and
	(12)  a written description of a hold or warrant,
	issued by any other jurisdiction, that the county is aware of and
	that has been placed on or issued for the defendant.
	SECTION 2.17.  Article 42.14(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  In a felony case, the judgment and sentence may be
	rendered in the absence of the defendant only if:
	(1)  the defendant is confined in a penal institution;
	(2)  the defendant is not charged with a felony
	offense:
	(A)  that is listed in Article 42A.054(a) [Section
	3g(a)(1), Article 42.12]; or
	(B)  for which it is alleged that:
	(i)  a deadly weapon was used or exhibited
	during the commission of the offense or during immediate flight
	from the commission of the offense; and
	(ii)  the defendant used or exhibited the
	deadly weapon or was a party to the offense and knew that a deadly
	weapon would be used or exhibited;
	(3)  the defendant in writing before the appropriate
	court having jurisdiction in the county in which the penal
	institution is located:
	(A)  waives the right to be present at the
	rendering of the judgment and sentence or to have counsel present;
	(B)  affirms that the defendant does not have
	anything to say as to why the sentence should not be pronounced and
	that there is no reason to prevent the sentence under Article 42.07;
	(C)  states that the defendant has entered into a
	written plea agreement with the attorney representing the state in
	the prosecution of the case; and
	(D)  requests the court to pronounce sentence in
	the case in accordance with the plea agreement;
	(4)  the defendant and the attorney representing the
	state in the prosecution of the case have entered into a written
	plea agreement that is made a part of the record in the case; and
	(5)  sentence is pronounced in accordance with the plea
	agreement.
	SECTION 2.18.  Article 44.01(j), Code of Criminal Procedure,
	is amended to read as follows:
	(j)  Nothing in this article is to interfere with the
	defendant's right to appeal under the procedures of Article 44.02
	[of this code].  The defendant's right to appeal under Article 44.02
	may be prosecuted by the defendant where the punishment assessed is
	in accordance with Subchapter C, Chapter 42A [Subsection (a),
	Section 3d, Article 42.12 of this code], as well as any other
	punishment assessed in compliance with Article 44.02 [of this
	code].
	SECTION 2.19.  Article 44.04(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  The defendant may not be released on bail pending the
	appeal from any felony conviction where the punishment equals or
	exceeds 10 years confinement or where the defendant has been
	convicted of an offense listed under Article 42A.054(a) [Section
	3g(a)(1), Article 42.12], but shall immediately be placed in
	custody and the bail discharged.
	SECTION 2.20.  Articles 46B.073(c) and (d), Code of Criminal
	Procedure, are amended to read as follows:
	(c)  If the defendant is charged with an offense listed in
	Article 17.032(a), other than an offense listed in Article
	17.032(a)(6), or the indictment alleges an affirmative finding
	under Article 42A.054(c) or (d) [Section 3g(a)(2), Article 42.12],
	the court shall enter an order committing the defendant to the
	maximum security unit of any facility designated by the department,
	to an agency of the United States operating a mental hospital, or to
	a Department of Veterans Affairs hospital.
	(d)  If the defendant is not charged with an offense
	described by Subsection (c) and the indictment does not allege an
	affirmative finding under Article 42A.054(c) or (d) [Section
	3g(a)(2), Article 42.12], the court shall enter an order committing
	the defendant to a mental health facility or residential care
	facility determined to be appropriate by the local mental health
	authority or local mental retardation authority.
	SECTION 2.21.  Article 46B.104, Code of Criminal Procedure,
	is amended to read as follows:
	Art. 46B.104.  CIVIL COMMITMENT PLACEMENT: FINDING OF
	VIOLENCE. A defendant committed to a facility as a result of
	proceedings initiated under this chapter shall be committed to the
	maximum security unit of any facility designated by the department
	if:
	(1)  the defendant is charged with an offense listed in
	Article 17.032(a), other than an offense listed in Article
	17.032(a)(6); or
	(2)  the indictment charging the offense alleges an
	affirmative finding under Article 42A.054(c) or (d) [Section
	3g(a)(2), Article 42.12].
	SECTION 2.22.  Article 48.01(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  The Board of Pardons and Paroles may recommend that the
	Governor grant a pardon to a person who:
	(1)  is placed on deferred adjudication community
	supervision under Subchapter C, Chapter 42A [Section 5, Article
	42.12], and subsequently receives a discharge and dismissal under
	Article 42A.111 [Section 5(c) of that article]; and
	(2)  on or after the 10th anniversary of the date of
	discharge and dismissal, submits a written request to the board for
	a recommendation under this subsection.
	SECTION 2.23.  Articles 55.01(a) and (a-1), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  A person who has been placed under a custodial or
	noncustodial arrest for commission of either a felony or
	misdemeanor is entitled to have all records and files relating to
	the arrest expunged if:
	(1)  the person is tried for the offense for which the
	person was arrested and is:
	(A)  acquitted by the trial court, except as
	provided by Subsection (c); or
	(B)  convicted and subsequently:
	(i)  pardoned for a reason other than that
	described by Subparagraph (ii); or
	(ii)  pardoned or otherwise granted relief
	on the basis of actual innocence with respect to that offense, if
	the applicable pardon or court order clearly indicates on its face
	that the pardon or order was granted or rendered on the basis of the
	person's actual innocence; or
	(2)  the person has been released and the charge, if
	any, has not resulted in a final conviction and is no longer pending
	and there was no court-ordered community supervision under Chapter
	42A [Article 42.12] for the offense, unless the offense is a Class C
	misdemeanor, provided that:
	(A)  regardless of whether any statute of
	limitations exists for the offense and whether any limitations
	period for the offense has expired, an indictment or information
	charging the person with the commission of a misdemeanor offense
	based on the person's arrest or charging the person with the
	commission of any felony offense arising out of the same
	transaction for which the person was arrested:
	(i)  has not been presented against the
	person at any time following the arrest, and:
	(a)  at least 180 days have elapsed
	from the date of arrest if the arrest for which the expunction was
	sought was for an offense punishable as a Class C misdemeanor and if
	there was no felony charge arising out of the same transaction for
	which the person was arrested;
	(b)  at least one year has elapsed from
	the date of arrest if the arrest for which the expunction was sought
	was for an offense punishable as a Class B or A misdemeanor and if
	there was no felony charge arising out of the same transaction for
	which the person was arrested;
	(c)  at least three years have elapsed
	from the date of arrest if the arrest for which the expunction was
	sought was for an offense punishable as a felony or if there was a
	felony charge arising out of the same transaction for which the
	person was arrested; or
	(d)  the attorney representing the
	state certifies that the applicable arrest records and files are
	not needed for use in any criminal investigation or prosecution,
	including an investigation or prosecution of another person; or
	(ii)  if presented at any time following the
	arrest, was dismissed or quashed, and the court finds that the
	indictment or information was dismissed or quashed because the
	person completed a pretrial intervention program authorized under
	Section 76.011, Government Code, because the presentment had been
	made because of mistake, false information, or other similar reason
	indicating absence of probable cause at the time of the dismissal to
	believe the person committed the offense, or because the indictment
	or information was void; or
	(B)  prosecution of the person for the offense for
	which the person was arrested is no longer possible because the
	limitations period has expired.
	(a-1)  Notwithstanding any other provision of this article,
	a person may not expunge records and files relating to an arrest
	that occurs pursuant to a warrant issued under Article 42A.751(b)
	[Section 21, Article 42.12].
	SECTION 2.24.  Article 60.052(c), Code of Criminal
	Procedure, is amended to read as follows:
	(c)  Information in the corrections tracking system relating
	to the handling of offenders must include the following information
	about each imprisonment, confinement, or execution of an offender:
	(1)  the date of the imprisonment or confinement;
	(2)  if the offender was sentenced to death:
	(A)  the date of execution; and
	(B)  if the death sentence was commuted, the
	sentence to which the sentence of death was commuted and the date of
	commutation;
	(3)  the date the offender was released from
	imprisonment or confinement and whether the release was a discharge
	or a release on parole or mandatory supervision;
	(4)  if the offender is released on parole or mandatory
	supervision:
	(A)  the offense for which the offender was
	convicted by offense code and incident number;
	(B)  the date the offender was received by an
	office of the parole division;
	(C)  the county in which the offender resides
	while under supervision;
	(D)  any program in which an offender is placed or
	has previously been placed and the level of supervision the
	offender is placed on while under the jurisdiction of the parole
	division;
	(E)  the date a program described by Paragraph (D)
	begins, the date the program ends, and whether the program was
	completed successfully;
	(F)  the date a level of supervision described by
	Paragraph (D) begins and the date the level of supervision ends;
	(G)  if the offender's release status is revoked,
	the reason for the revocation and the date of revocation;
	(H)  the expiration date of the sentence; and
	(I)  the date of the offender's release from the
	parole division or the date on which the offender is granted
	clemency; and
	(5)  if the offender is released under Article
	42A.202(b) [Section 6(a), Article 42.12], the date of the
	offender's release.
	SECTION 2.25.  Article 60.08(e), Code of Criminal Procedure,
	is amended to read as follows:
	(e)  A court that orders the release of an offender under
	Article 42A.202(b) [Section 6(a), Article 42.12,] at a time when
	the offender is under a bench warrant and not physically imprisoned
	in the Texas Department of Criminal Justice shall report the
	release to the department not later than the seventh day after the
	date of the release.
	SECTION 2.26.  Article 62.063(b), Code of Criminal
	Procedure, is amended to read as follows:
	(b)  A person subject to registration under this chapter
	because of a reportable conviction or adjudication for which an
	affirmative finding is entered under Article 42.015(b) or
	42A.105(a) [Section 5(e)(2), Article 42.12], as appropriate, may
	not, for compensation:
	(1)  operate or offer to operate a bus;
	(2)  provide or offer to provide a passenger taxicab or
	limousine transportation service;
	(3)  provide or offer to provide any type of service in
	the residence of another person unless the provision of service
	will be supervised; or
	(4)  operate or offer to operate any amusement ride.
	SECTION 2.27.  Articles 62.301(b) and (c), Code of Criminal
	Procedure, are amended to read as follows:
	(b)  A person is eligible to petition the court as described
	by Subsection (a) if:
	(1)  the person is required to register only as a result
	of a single reportable conviction or adjudication, other than an
	adjudication of delinquent conduct; and
	(2)  the court has entered in the appropriate judgment
	or has filed with the appropriate papers a statement of an
	affirmative finding described by Article 42.017 or 42A.105(c)
	[Section 5(g), Article 42.12].
	(c)  A defendant who before September 1, 2011, is convicted
	of or placed on deferred adjudication community supervision for an
	offense under Section 21.11 or 22.011, Penal Code, is eligible to
	petition the court as described by Subsection (a).  The court may
	consider the petition only if the petition states and the court
	finds that the defendant would have been entitled to the entry of an
	affirmative finding under Article 42.017 or 42A.105(c) [Section
	5(g), Article 42.12], as appropriate, had the conviction or
	placement on deferred adjudication community supervision occurred
	after September 1, 2011.
	SECTION 2.28.  Article 102.018(b), Code of Criminal
	Procedure, is amended to read as follows:
	(b)  Except as provided by Subsection (d) [of this article],
	on conviction of an offense relating to the driving or operating of
	a motor vehicle punishable under Section 49.04(b), Penal Code, the
	court shall impose as a cost of court on the defendant an amount
	that is equal to the cost of an evaluation of the defendant
	performed under Article 42A.402(a) [Section 13(a), Article 42.12,
	of this code]. Costs imposed under this subsection are in addition
	to other court costs and are due whether or not the defendant is
	granted community supervision [probation] in the case, except that
	if the court determines that the defendant is indigent and unable to
	pay the cost, the court may waive the imposition of the cost.
	SECTION 2.29.  Article 102.020(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a)  A person shall pay as a cost of court:
	(1)  $250 on conviction of an offense listed in Section
	411.1471(a)(1), Government Code;
	(2)  $50 on conviction of an offense listed in Section
	411.1471(a)(3) of that code; or
	(3)  $34 on placement of the person on community
	supervision, including deferred adjudication community
	supervision, if the person is required to submit a DNA sample under
	Article 42A.352 [Section 11(j), Article 42.12].
	SECTION 2.30.  Section 37.152(f), Education Code, is amended
	to read as follows:
	(f)  Except if an offense causes the death of a student, in
	sentencing a person convicted of an offense under this section, the
	court may require the person to perform community service, subject
	to the same conditions imposed on a person placed on community
	supervision under Chapter 42A [Section 11, Article 42.12], Code of
	Criminal Procedure, for an appropriate period of time in lieu of
	confinement in county jail or in lieu of a part of the time the
	person is sentenced to confinement in county jail.
	SECTION 2.31.  Section 53.045(a), Family Code, is amended to
	read as follows:
	(a)  Except as provided by Subsection (e), the prosecuting
	attorney may refer the petition to the grand jury of the county in
	which the court in which the petition is filed presides if the
	petition alleges that the child engaged in delinquent conduct that
	constitutes habitual felony conduct as described by Section 51.031
	or that included the violation of any of the following provisions:
	(1)  Section 19.02, Penal Code (murder);
	(2)  Section 19.03, Penal Code (capital murder);
	(3)  Section 19.04, Penal Code (manslaughter);
	(4)  Section 20.04, Penal Code (aggravated
	kidnapping);
	(5)  Section 22.011, Penal Code (sexual assault) or
	Section 22.021, Penal Code (aggravated sexual assault);
	(6)  Section 22.02, Penal Code (aggravated assault);
	(7)  Section 29.03, Penal Code (aggravated robbery);
	(8)  Section 22.04, Penal Code (injury to a child,
	elderly individual, or disabled individual), if the offense is
	punishable as a felony, other than a state jail felony;
	(9)  Section 22.05(b), Penal Code (felony deadly
	conduct involving discharging a firearm);
	(10)  Subchapter D, Chapter 481, Health and Safety
	Code, if the conduct constitutes a felony of the first degree or an
	aggravated controlled substance felony (certain offenses involving
	controlled substances);
	(11)  Section 15.03, Penal Code (criminal
	solicitation);
	(12)  Section 21.11(a)(1), Penal Code (indecency with a
	child);
	(13)  Section 15.031, Penal Code (criminal
	solicitation of a minor);
	(14)  Section 15.01, Penal Code (criminal attempt), if
	the offense attempted was an offense under Section 19.02, Penal
	Code (murder), or Section 19.03, Penal Code (capital murder), or an
	offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
	42.12], Code of Criminal Procedure;
	(15)  Section 28.02, Penal Code (arson), if bodily
	injury or death is suffered by any person by reason of the
	commission of the conduct;
	(16)  Section 49.08, Penal Code (intoxication
	manslaughter); or
	(17)  Section 15.02, Penal Code (criminal conspiracy),
	if the offense made the subject of the criminal conspiracy includes
	a violation of any of the provisions referenced in Subdivisions (1)
	through (16).
	SECTION 2.32.  Section 54.0409(a), Family Code, is amended
	to read as follows:
	(a)  This section applies only to conduct constituting the
	commission of a felony:
	(1)  that is listed in Article 42A.054(a) [Section
	3g(a)(1), Article 42.12], Code of Criminal Procedure; or
	(2)  for which it is shown that a deadly weapon, as
	defined by Section 1.07, Penal Code, was used or exhibited during
	the commission of the conduct or during immediate flight from the
	commission of the conduct.
	SECTION 2.33.  Sections 54.051(e), (e-1), (e-2), and (e-3),
	Family Code, are amended to read as follows:
	(e)  A district court that exercises jurisdiction over a
	person transferred under Subsection (d) shall place the person on
	community supervision under Chapter 42A [Article 42.12], Code of
	Criminal Procedure, for the remainder of the person's probationary
	period and under conditions consistent with those ordered by the
	juvenile court.
	(e-1)  The restrictions on a judge placing a defendant on
	community supervision imposed by Article 42A.054 [Section 3g,
	Article 42.12], Code of Criminal Procedure, do not apply to a case
	transferred from the juvenile court. The minimum period of
	community supervision imposed by Article 42A.053(d) [Section 3(b),
	Article 42.12], Code of Criminal Procedure, does not apply to a case
	transferred from the juvenile court.
	(e-2)  If a person who is placed on community supervision
	under this section violates a condition of that supervision or if
	the person violated a condition of probation ordered under Section
	54.04(q) and that probation violation was not discovered by the
	state before the person's 19th birthday, the district court shall
	dispose of the violation of community supervision or probation, as
	appropriate, in the same manner as if the court had originally
	exercised jurisdiction over the case. If the judge revokes
	community supervision, the judge may reduce the prison sentence to
	any length without regard to the minimum term imposed by Article
	42A.755(a) [Section 23(a), Article 42.12], Code of Criminal
	Procedure.
	(e-3)  The time that a person serves on probation ordered
	under Section 54.04(q) is the same as time served on community
	supervision ordered under this section for purposes of determining
	the person's eligibility for early discharge from community
	supervision under Article 42A.701 [Section 20, Article 42.12], Code
	of Criminal Procedure.
	SECTION 2.34. Section 55.45(c), Family Code, is amended to
	read as follows:
	(c)  If the referred child, as described in Subsection (b),
	is alleged to have committed an offense listed in Article 42A.054
	[Section 3g, Article 42.12], Code of Criminal Procedure, the
	administrator of the residential care facility shall apply, in
	writing, by certified mail, return receipt requested, to the
	juvenile court that ordered commitment of the child or that
	referred the case to a court that ordered commitment of the child
	and show good cause for any release of the child from the facility
	for more than 48 hours. Notice of this request must be provided to
	the prosecuting attorney responsible for the case. The prosecuting
	attorney, the juvenile, or the administrator may apply for a
	hearing on this application. If no one applies for a hearing, the
	trial court shall resolve the application on the written
	submission. The rules of evidence do not apply to this hearing. An
	appeal of the trial court's ruling on the application is not
	allowed. The release of a child described in this subsection
	without the express approval of the trial court is punishable by
	contempt.
	SECTION 2.35.  Section 76.001(2), Government Code, is
	amended to read as follows:
	(2)  "Community supervision" has the meaning assigned
	by Article 42A.001 [Section 2, Article 42.12], Code of Criminal
	Procedure.
	SECTION 2.36.  Section 76.015(c), Government Code, is
	amended to read as follows:
	(c)  A department may assess a reasonable administrative fee
	of not less than $25 and not more than $60 per month on an individual
	who participates in a program operated by the department or
	receives services from the department and who is not paying a
	monthly fee under Article 42A.652 [Section 19, Article 42.12], Code
	of Criminal Procedure.
	SECTION 2.37.  Section 103.021, Government Code, is amended
	to read as follows:
	Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
	CIVIL CASES:  CODE OF CRIMINAL PROCEDURE.  An accused or defendant,
	or a party to a civil suit, as applicable, shall pay the following
	fees and costs under the Code of Criminal Procedure if ordered by
	the court or otherwise required:
	(1)  a personal bond fee (Art. 17.42, Code of Criminal
	Procedure) . . . the greater of $20 or three percent of the amount
	of the bail fixed for the accused;
	(2)  cost of electronic monitoring as a condition of
	release on personal bond (Art. 17.43, Code of Criminal Procedure)
	. . . actual cost;
	(3)  a fee for verification of and monitoring of motor
	vehicle ignition interlock (Art. 17.441, Code of Criminal
	Procedure) . . . not to exceed $10;
	(3-a)  costs associated with operating a global
	positioning monitoring system as a condition of release on bond
	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
	subject to a determination of indigency;
	(3-b)  costs associated with providing a defendant's
	victim with an electronic receptor device as a condition of the
	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
	Procedure) . . . actual costs, subject to a determination of
	indigency;
	(4)  repayment of reward paid by a crime stoppers
	organization on conviction of a felony (Art. 37.073, Code of
	Criminal Procedure) . . . amount ordered;
	(5)  reimbursement to general revenue fund for payments
	made to victim of an offense as condition of community supervision
	(Chapter 42A [Art. 42.12], Code of Criminal Procedure) . . . not to
	exceed $50 for a misdemeanor offense or $100 for a felony offense;
	(6)  payment to a crime stoppers organization as
	condition of community supervision (Chapter 42A [Art. 42.12], Code
	of Criminal Procedure) . . . not to exceed $50;
	(7)  children's advocacy center fee (Chapter 42A [Art.
	42.12], Code of Criminal Procedure) . . . not to exceed $50;
	(8)  family violence center fee (Chapter 42A [Art.
	42.12], Code of Criminal Procedure) . . . $100;
	(9)  community supervision fee (Chapter 42A [Art.
	42.12], Code of Criminal Procedure) . . . not less than $25 or more
	than $60 per month;
	(10)  additional community supervision fee for certain
	offenses (Chapter 42A [Art. 42.12], Code of Criminal Procedure)
	. . . $5 per month;
	(11)  for certain financially able sex offenders as a
	condition of community supervision, the costs of treatment,
	specialized supervision, or rehabilitation (Chapter 42A [Art.
	42.12], Code of Criminal Procedure) . . . all or part of the
	reasonable and necessary costs of the treatment, supervision, or
	rehabilitation as determined by the judge;
	(12)  fee for failure to appear for trial in a justice
	or municipal court if a jury trial is not waived (Art. 45.026, Code
	of Criminal Procedure) . . . costs incurred for impaneling the
	jury;
	(13)  costs of certain testing, assessments, or
	programs during a deferral period (Art. 45.051, Code of Criminal
	Procedure) . . . amount ordered;
	(14)  special expense on dismissal of certain
	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
	. . . not to exceed amount of fine assessed;
	(15)  an additional fee:
	(A)  for a copy of the defendant's driving record
	to be requested from the Department of Public Safety by the judge
	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
	to the sum of the fee established by Section 521.048,
	Transportation Code, and the state electronic Internet portal fee;
	(B)  as an administrative fee for requesting a
	driving safety course or a course under the motorcycle operator
	training and safety program for certain traffic offenses to cover
	the cost of administering the article (Art. 45.0511(f)(1), Code of
	Criminal Procedure) . . . not to exceed $10; or
	(C)  for requesting a driving safety course or a
	course under the motorcycle operator training and safety program
	before the final disposition of the case (Art. 45.0511(f)(2), Code
	of Criminal Procedure) . . . not to exceed the maximum amount of the
	fine for the offense committed by the defendant;
	(16)  a request fee for teen court program (Art.
	45.052, Code of Criminal Procedure) . . . $20, if the court
	ordering the fee is located in the Texas-Louisiana border region,
	but otherwise not to exceed $10;
	(17)  a fee to cover costs of required duties of teen
	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
	court ordering the fee is located in the Texas-Louisiana border
	region, but otherwise $10;
	(18)  a mileage fee for officer performing certain
	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
	mile;
	(19)  certified mailing of notice of hearing date (Art.
	102.006, Code of Criminal Procedure) . . . $1, plus postage;
	(20)  certified mailing of certified copies of an order
	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
	plus postage;
	(20-a)  a fee to defray the cost of notifying state
	agencies of orders of expungement (Art. 45.0216, Code of Criminal
	Procedure) . . . $30 per application;
	(20-b)  a fee to defray the cost of notifying state
	agencies of orders of expunction (Art. 45.055, Code of Criminal
	Procedure) . . . $30 per application;
	(21)  sight orders:
	(A)  if the face amount of the check or sight order
	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
	. . . not to exceed $10;
	(B)  if the face amount of the check or sight order
	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $15;
	(C)  if the face amount of the check or sight order
	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $30;
	(D)  if the face amount of the check or sight order
	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $50; and
	(E)  if the face amount of the check or sight order
	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
	. . . not to exceed $75;
	(22)  fees for a pretrial intervention program:
	(A)  a supervision fee (Art. 102.012(a), Code of
	Criminal Procedure) . . . $60 a month plus expenses; and
	(B)  a district attorney, criminal district
	attorney, or county attorney administrative fee (Art. 102.0121,
	Code of Criminal Procedure) . . . not to exceed $500;
	(23)  parking fee violations for child safety fund in
	municipalities with populations:
	(A)  greater than 850,000 (Art. 102.014, Code of
	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
	(B)  less than 850,000 (Art. 102.014, Code of
	Criminal Procedure) . . . not to exceed $5;
	(24)  an administrative fee for collection of fines,
	fees, restitution, or other costs (Art. 102.072, Code of Criminal
	Procedure) . . . not to exceed $2 for each transaction; and
	(25)  a collection fee, if authorized by the
	commissioners court of a county or the governing body of a
	municipality, for certain debts and accounts receivable, including
	unpaid fines, fees, court costs, forfeited bonds, and restitution
	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
	percent of an amount more than 60 days past due.
	SECTION 2.38.  Section 123.001(b), Government Code, is
	amended to read as follows:
	(b)  If a defendant successfully completes a drug court
	program, regardless of whether the defendant was convicted of the
	offense for which the defendant entered the program or whether the
	court deferred further proceedings without entering an
	adjudication of guilt, after notice to the state and a hearing on
	whether the defendant is otherwise entitled to the petition and
	whether issuance of the order is in the best interest of justice,
	the court shall enter an order of nondisclosure under Section
	411.081 as if the defendant had received a discharge and dismissal
	under Article 42A.111 [Section 5(c), Article 42.12], Code of
	Criminal Procedure, with respect to all records and files related
	to the defendant's arrest for the offense for which the defendant
	entered the program if the defendant:
	(1)  has not been previously convicted of an offense
	listed in Article 42A.054 [Section 3g, Article 42.12], Code of
	Criminal Procedure, or a sexually violent offense, as defined by
	Article 62.001, Code of Criminal Procedure; and
	(2)  is not convicted for any felony offense between
	the date on which the defendant successfully completed the program
	and the second anniversary of that date.
	SECTION 2.39.  Section 123.008(a), Government Code, is
	amended to read as follows:
	(a)  Notwithstanding Article 42A.304 [Sections 13 and 16,
	Article 42.12], Code of Criminal Procedure, to encourage
	participation in a drug court program established under this
	chapter, the judge or magistrate administering the program may
	suspend any requirement that, as a condition of community
	supervision, a participant in the program work a specified number
	of hours at a community service project or projects.
	SECTION 2.40.  Sections 411.081(d) and (e), Government Code,
	are amended to read as follows:
	(d)  Notwithstanding any other provision of this subchapter,
	if a person is placed on deferred adjudication community
	supervision under Subchapter C, Chapter 42A [Section 5, Article
	42.12], Code of Criminal Procedure, subsequently receives a
	discharge and dismissal under Article 42A.111 [Section 5(c),
	Article 42.12], and satisfies the requirements of Subsection (e),
	the person may petition the court that placed the defendant on
	deferred adjudication for an order of nondisclosure under this
	subsection.  Except as provided by Subsection (e), a person may
	petition the court for an order of nondisclosure regardless of
	whether the person has been previously placed on deferred
	adjudication community supervision for another offense.  After
	notice to the state, an opportunity for a hearing, and a
	determination that the person is entitled to file the petition and
	issuance of the order is in the best interest of justice, the court
	shall issue an order prohibiting criminal justice agencies from
	disclosing to the public criminal history record information
	related to the offense giving rise to the deferred adjudication.  A
	criminal justice agency may disclose criminal history record
	information that is the subject of the order only to other criminal
	justice agencies[,] for criminal justice or regulatory licensing
	purposes, an agency or entity listed in Subsection (i), or the
	person who is the subject of the order.  A person may petition the
	court that placed the person on deferred adjudication for an order
	of nondisclosure only on or after:
	(1)  the discharge and dismissal, if the offense for
	which the person was placed on deferred adjudication was a
	misdemeanor other than a misdemeanor described by Subdivision (2);
	(2)  the second anniversary of the discharge and
	dismissal, if the offense for which the person was placed on
	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
	25, 42, or 46, Penal Code; or
	(3)  the fifth anniversary of the discharge and
	dismissal, if the offense for which the person was placed on
	deferred adjudication was a felony.
	(e)  A person is entitled to petition the court under
	Subsection (d) only if during the period of the deferred
	adjudication community supervision for which the order of
	nondisclosure is requested and during the applicable period
	described by Subsection (d)(1), (2), or (3), as appropriate, the
	person is not convicted of or placed on deferred adjudication
	community supervision under Subchapter C, Chapter 42A [Section 5,
	Article 42.12], Code of Criminal Procedure, for any offense other
	than an offense under the Transportation Code punishable by fine
	only.  A person is not entitled to petition the court under
	Subsection (d) if the person was placed on the deferred
	adjudication community supervision for or has been previously
	convicted or placed on any other deferred adjudication for:
	(1)  an offense requiring registration as a sex
	offender under Chapter 62, Code of Criminal Procedure;
	(2)  an offense under Section 20.04, Penal Code,
	regardless of whether the offense is a reportable conviction or
	adjudication for purposes of Chapter 62, Code of Criminal
	Procedure;
	(3)  an offense under Section 19.02, 19.03, 22.04,
	22.041, 25.07, 25.072, or 42.072, Penal Code; or
	(4)  any other offense involving family violence, as
	defined by Section 71.004, Family Code.
	SECTION 2.41.  Section 411.145(c), Government Code, is
	amended to read as follows:
	(c)  A fee collected under this section shall be deposited in
	the state treasury to the credit of the state highway fund, and
	money deposited to the state highway fund under this section and
	under Chapter 42A [Articles 42.12] and Article 102.020(h), Code of
	Criminal Procedure, may be used only to defray the cost of
	administering this subchapter and Section 411.0205.
	SECTION 2.42.  Section 414.010(a), Government Code, is
	amended to read as follows:
	(a)  Except as provided by Subsection (d), a crime stoppers
	organization certified by the council to receive money in the form
	of payments from defendants placed on community supervision under
	Chapter 42A [Article 42.12], Code of Criminal Procedure, or money
	in the form of repayments of rewards under Articles 37.073 and
	42.152, Code of Criminal Procedure, may use not more than 20 percent
	of the money annually received to pay costs incurred in
	administering the organization and shall use the remainder of the
	money, including any interest earned on the money, only to reward
	persons who report information concerning criminal activity.  Not
	later than January 31 of each year, a crime stoppers organization
	that receives or expends money under this section shall file a
	detailed report with the council.
	SECTION 2.43.  Sections 414.011(a) and (b), Government Code,
	are amended to read as follows:
	(a)  The council shall, on application by a crime stoppers
	organization, determine whether the organization is qualified to
	receive repayments of rewards under Articles 37.073 and 42.152,
	Code of Criminal Procedure, or payments from a defendant under
	Chapter 42A [Article 42.12], Code of Criminal Procedure.  The
	council shall certify a crime stoppers organization to receive
	those repayments or payments if, considering the organization,
	continuity, leadership, community support, and general conduct of
	the crime stoppers organization, the council determines that the
	repayments or payments will be spent to further the crime
	prevention purposes of the organization.
	(b)  Each crime stoppers organization certified by the
	council to receive repayments under Articles 37.073 and 42.152,
	Code of Criminal Procedure, or payments from a defendant under
	Chapter 42A [Article 42.12], Code of Criminal Procedure, is subject
	to a review or audit, including financial and programmatic reviews
	or audits, of finances or programs at the direction of the criminal
	justice division of the governor's office or its designee.  A copy
	of the review or audit report shall be submitted to the criminal
	justice division.
	SECTION 2.44.  Section 420.008(b), Government Code, is
	amended to read as follows:
	(b)  The fund consists of fees collected under:
	(1)  Article 42A.653(a) [Section 19(e), Article
	42.12], Code of Criminal Procedure;
	(2)  Section 508.189, Government Code; and
	(3)  Subchapter B, Chapter 102, Business & Commerce
	Code, and deposited under Section 102.054.
	SECTION 2.45.  Sections 420.014(a) and (e), Government Code,
	are amended to read as follows:
	(a)  If the attorney general reasonably believes that a court
	or a community supervision office has not properly assessed or made
	a reasonable effort to collect costs due under Chapter 42A [Article
	42.12 or 42.18], Code of Criminal Procedure, or Chapter 508,
	Government Code, the attorney general shall send a warning letter
	to the court or the governing body of the governmental unit in which
	the court is located.
	(e)  If the attorney general finds from available evidence
	that a court or a community supervision office has not properly
	assessed or made a reasonable effort to collect costs due under
	Chapter 42A [Article 42.12 or 42.18], Code of Criminal Procedure,
	or Chapter 508, Government Code, the attorney general may:
	(1)  refuse to award grants under this subchapter to
	residents of the jurisdiction served by the court or community
	supervision office; or
	(2)  in the case of a court, notify the State Commission
	on Judicial Conduct of the findings.
	SECTION 2.46.  Sections 493.009(a), (a-1), (b), (c), (d),
	(e), (g), (h), (k), and (q), Government Code, are amended to read as
	follows:
	(a)  The department shall establish a program to confine and
	treat:
	(1)  defendants required to participate in the program
	under Article 42A.303 [Section 14, Article 42.12], Code of Criminal
	Procedure; and
	(2)  individuals referred for treatment as part of a
	drug court program established under Chapter 123 or a similar
	program created under other law.
	(a-1)  The board by rule may modify requirements imposed by
	this section and Chapter 42A [Article 42.12], Code of Criminal
	Procedure, as necessary to properly treat individuals who are not
	participating in the program as a condition of community
	supervision.
	(b)  The board shall adopt criteria to determine the
	suitability of candidates for participation in the program. The
	department and the Department of State Health Services [Texas
	Commission on Alcohol and Drug Abuse] shall jointly develop methods
	of screening and assessing defendants required to participate in
	the program under Article 42A.303 [Section 14, Article 42.12], Code
	of Criminal Procedure, to determine their need for specific types
	of treatment for alcohol or drug abuse problems.
	(c)  The program for persons required to participate in the
	program under Article 42A.303 [Section 14, Article 42.12], Code of
	Criminal Procedure, must consist of treatment programs that may
	vary in time from 90 days to 12 months.
	(d)  The program for persons required to participate in the
	program under Article 42A.303 [Section 14, Article 42.12], Code of
	Criminal Procedure, provided under this section must contain highly
	structured work, education, and treatment schedules, a clearly
	delineated authority structure, and well-defined goals and
	guidelines. The department shall establish a graded system of
	rewards and sanctions for defendants who participate in the
	program, but a defendant required to participate in the program
	under Article 42A.303 [Section 14, Article 42.12], Code of Criminal
	Procedure, is not entitled to earn awards of time for good conduct.
	A qualified professional, at least every 60 days, must perform an
	evaluation on a defendant that determines the defendant's treatment
	progress and institutional behavior. Not later than three days
	after the date on which a four-month evaluation is performed, the
	qualified professional shall establish a tentative release date for
	the defendant, notify the sentencing court of that fact, and
	include with the notice a copy of the four-month evaluation. The
	qualified professional immediately shall notify the court if the
	professional determines the defendant's conduct requires a
	revision of the tentative release date.
	(e)  The department shall employ or contract with qualified
	professionals to implement the program for persons required to
	participate in the program under Article 42A.303 [Section 14,
	Article 42.12], Code of Criminal Procedure. For purposes of this
	subsection, a "qualified professional" is a person who:
	(1)  is a licensed chemical dependency counselor;
	(2)  is a licensed social worker who has at least two
	years of experience in chemical dependency counseling; or
	(3)  is a licensed professional counselor, physician,
	or psychologist and who has at least two years of experience in
	chemical dependency counseling.
	(g)  The department shall provide beds for the purpose of
	operating the program for persons required to participate in the
	program under Article 42A.303 [Section 14, Article 42.12], Code of
	Criminal Procedure, [as amended by Chapter 900, Acts of the 73rd
	Legislature, Regular Session, 1993,] except that the beds may also
	be used to house the following categories of persons:
	(1)  persons transferred under Subchapter A, Chapter
	499, and Section 508.118;
	(2)  persons whose community supervision or parole has
	been modified;
	(3)  defendants confined in county jails awaiting
	transfer to the institutional division; and
	(4)  inmates participating in the program described by
	Section 501.0931.
	(h)  On and after the date persons are required under Article
	42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, to
	participate in the program established under this section, the
	department shall give priority to housing those persons over the
	categories of persons described by Subsections (g)(1)-(4).
	(k)  It is the intent of the legislature that facilities
	established under this section be used primarily to house persons
	required to participate in the program under Article 42A.303
	[Section 14, Article 42.12], Code of Criminal Procedure, except
	that if treatment beds are empty, this subsection does not prohibit
	the department from using those empty beds to treat the categories
	of persons listed in Subsection (g).
	(q)  The department not less often than every two years shall
	determine whether the department should increase the number of beds
	provided by the department for the operation of the program for
	persons required to participate in the program under Article
	42A.303 [Section 14, Article 42.12], Code of Criminal Procedure[,
	as amended by Chapter 900, Acts of the 73rd Legislature, Regular
	Session, 1993].
	SECTION 2.47.  Sections 493.009(f)(1) and (3), Government
	Code, are amended to read as follows:
	(f)(1)  The department shall adopt rules of conduct for
	persons required to participate in the program under Article
	42A.303 [Section 14, Article 42.12], Code of Criminal Procedure, or
	required to participate in the program following modification of
	community supervision or parole.
	(3)  The department, immediately on receiving notice,
	shall request the sentencing court to reassume custody of the
	defendant if the defendant was required to participate in the
	program under Article 42A.303 [Section 14, Article 42.12], Code of
	Criminal Procedure, or required to participate in the program
	following modification of community supervision. The court shall
	reassume custody before the 12th day after the date on which the
	department notifies the court. If the court revokes the
	defendant's community supervision, the admission of the defendant
	to the institutional division is an admission for which the
	department must account in the scheduled admissions policy
	established under Section 499.071.
	SECTION 2.48.  Section 493.017(a), Government Code, is
	amended to read as follows:
	(a)  A sex offender correction program that provides
	counseling sessions for a sex offender under Article 42A.453
	[Section 13B, Article 42.12], Code of Criminal Procedure, shall
	report to the community supervision and corrections department
	officer supervising the offender, not later than the 15th day of
	each month, the following information about the offender:
	(1)  the total number of counseling sessions attended
	by the sex offender during the preceding month; and
	(2)  if during the preceding month the sex offender
	terminates participation in the program before completing
	counseling, the reason for the sex offender's termination of
	counseling.
	SECTION 2.49.  Section 499.027(b), Government Code, is
	amended to read as follows:
	(b)  An inmate is not eligible under this subchapter to be
	considered for release to intensive supervision parole if:
	(1)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense for
	which the judgment contains an affirmative finding under Article
	42A.054(c) or (d) [Section 3g(a)(2), Article 42.12], Code of
	Criminal Procedure;
	(2)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense
	listed in one of the following sections of the Penal Code:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 19.04 (manslaughter);
	(D)  Section 20.03 (kidnapping);
	(E)  Section 20.04 (aggravated kidnapping);
	(F)  Section 21.11 (indecency with a child);
	(G)  Section 22.011 (sexual assault);
	(H)  Section 22.02 (aggravated assault);
	(I)  Section 22.021 (aggravated sexual assault);
	(J)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual);
	(K)  Section 25.02 (prohibited sexual conduct);
	(L)  Section 25.08 (sale or purchase of a child);
	(M)  Section 28.02 (arson);
	(N)  Section 29.02 (robbery);
	(O)  Section 29.03 (aggravated robbery);
	(P)  Section 30.02 (burglary), if the offense is
	punished as a first-degree felony under that section;
	(Q)  Section 43.04 (aggravated promotion of
	prostitution);
	(R)  Section 43.05 (compelling prostitution);
	(S)  Section 43.24 (sale, distribution, or
	display of harmful material to minor);
	(T)  Section 43.25 (sexual performance by a
	child);
	(U)  Section 46.10 (deadly weapon in penal
	institution);
	(V)  Section 15.01 (criminal attempt), if the
	offense attempted is listed in this subsection;
	(W)  Section 15.02 (criminal conspiracy), if the
	offense that is the subject of the conspiracy is listed in this
	subsection;
	(X)  Section 15.03 (criminal solicitation), if
	the offense solicited is listed in this subsection;
	(Y)  Section 21.02 (continuous sexual abuse of
	young child or children);
	(Z)  Section 20A.02 (trafficking of persons); or
	(AA)  Section 20A.03 (continuous trafficking of
	persons); or
	(3)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense under
	Chapter 481, Health and Safety Code, punishable by a minimum term of
	imprisonment or a maximum fine that is greater than the minimum term
	of imprisonment or the maximum fine for a first degree felony.
	SECTION 2.50.  Section 499.053(d), Government Code, is
	amended to read as follows:
	(d)  A person transferred from the Texas Juvenile Justice
	Department for the offense of capital murder shall become eligible
	for parole as provided in Section 508.145(d) for an offense listed
	in Article 42A.054 [Section 3g, Article 42.12], Code of Criminal
	Procedure, or an offense for which a deadly weapon finding has been
	made.
	SECTION 2.51.  Section 508.145(d), Government Code, is
	amended to read as follows:
	(d)(1)  This subsection applies only to an [An] inmate who is
	serving a sentence for:
	(A)  an offense described by Article 42A.054(a)
	[Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), (K),
	(L), (M), or (N), Article 42.12], Code of Criminal Procedure, other
	than an offense under Section 19.03, Penal Code;
	(B)  an offense for which the judgment contains an
	affirmative finding under Article 42A.054(c) or (d), Code of
	Criminal Procedure;
	(C)  [Section 3g(a)(2) of that article,] an
	offense under Section 20A.03, Penal Code;[,] or
	(D)  an offense under Section 71.02 or 71.023,
	Penal Code.
	(2)  An inmate described by Subdivision (1) [,] is not
	eligible for release on parole until the inmate's actual calendar
	time served, without consideration of good conduct time, equals
	one-half of the sentence or 30 calendar years, whichever is less,
	but in no event is the inmate eligible for release on parole in less
	than two calendar years.
	(3) [(2)]  Notwithstanding Subdivision (2) [(1)], an
	inmate who is serving a sentence for an offense under Section
	22.021, Penal Code [described by Section 3g(a)(1)(E), Article
	42.12, Code of Criminal Procedure], is not eligible for release on
	parole if the inmate is serving a sentence for an offense for which
	punishment was enhanced under Section 12.42(c)(4), Penal Code.
	SECTION 2.52.  Sections 508.146(a) and (f), Government Code,
	are amended to read as follows:
	(a)  An inmate other than an inmate who is serving a sentence
	of death or life without parole may be released on medically
	recommended intensive supervision on a date designated by a parole
	panel described by Subsection (e), except that an inmate with an
	instant offense that is an offense described in Article 42A.054
	[Section 3g, Article 42.12], Code of Criminal Procedure, or an
	inmate who has a reportable conviction or adjudication under
	Chapter 62, Code of Criminal Procedure, may only be considered if a
	medical condition of terminal illness or long-term care has been
	diagnosed by a physician, if:
	(1)  the Texas Correctional Office on Offenders with
	Medical or Mental Impairments, in cooperation with the Correctional
	Managed Health Care Committee, identifies the inmate as being:
	(A)  a person who is elderly or terminally ill, a
	person with mental illness, an intellectual disability, or a
	physical disability, [physically disabled, mentally ill,
	terminally ill, or mentally retarded] or a person who has [having] a
	condition requiring long-term care, if the inmate is an inmate with
	an instant offense that is described in Article 42A.054 [Section
	3g, Article 42.12], Code of Criminal Procedure; or
	(B)  in a persistent vegetative state or being a
	person with an organic brain syndrome with significant to total
	mobility impairment, if the inmate is an inmate who has a reportable
	conviction or adjudication under Chapter 62, Code of Criminal
	Procedure;
	(2)  the parole panel determines that, based on the
	inmate's condition and a medical evaluation, the inmate does not
	constitute a threat to public safety; and
	(3)  the Texas Correctional Office on Offenders with
	Medical or Mental Impairments, in cooperation with the pardons and
	paroles division, has prepared for the inmate a medically
	recommended intensive supervision plan that requires the inmate to
	submit to electronic monitoring, places the inmate on
	super-intensive supervision, or otherwise ensures appropriate
	supervision of the inmate.
	(f)  An inmate who is not a citizen of the United States, as
	defined by federal law, who is not under a sentence of death or life
	without parole, and who does not have a reportable conviction or
	adjudication under Chapter 62, Code of Criminal Procedure, or an
	instant offense described in Article 42A.054 [Section 3g, Article
	42.12], Code of Criminal Procedure, may be released to immigration
	authorities pending deportation on a date designated by a parole
	panel described by Subsection (e) if the parole panel determines
	that on release the inmate would be deported to another country and
	that the inmate does not constitute a threat to public safety in the
	other country or this country and is unlikely to reenter this
	country illegally.
	SECTION 2.53.  Section 508.149(a), Government Code, is
	amended to read as follows:
	(a)  An inmate may not be released to mandatory supervision
	if the inmate is serving a sentence for or has been previously
	convicted of:
	(1)  an offense for which the judgment contains an
	affirmative finding under Article 42A.054(c) or (d) [Section
	3g(a)(2), Article 42.12], Code of Criminal Procedure;
	(2)  a first degree felony or a second degree felony
	under Section 19.02, Penal Code;
	(3)  a capital felony under Section 19.03, Penal Code;
	(4)  a first degree felony or a second degree felony
	under Section 20.04, Penal Code;
	(5)  an offense under Section 21.11, Penal Code;
	(6)  a felony under Section 22.011, Penal Code;
	(7)  a first degree felony or a second degree felony
	under Section 22.02, Penal Code;
	(8)  a first degree felony under Section 22.021, Penal
	Code;
	(9)  a first degree felony under Section 22.04, Penal
	Code;
	(10)  a first degree felony under Section 28.02, Penal
	Code;
	(11)  a second degree felony under Section 29.02, Penal
	Code;
	(12)  a first degree felony under Section 29.03, Penal
	Code;
	(13)  a first degree felony under Section 30.02, Penal
	Code;
	(14)  a felony for which the punishment is increased
	under Section 481.134 or Section 481.140, Health and Safety Code;
	(15)  an offense under Section 43.25, Penal Code;
	(16)  an offense under Section 21.02, Penal Code;
	(17)  a first degree felony under Section 15.03, Penal
	Code;
	(18)  an offense under Section 43.05, Penal Code;
	(19)  an offense under Section 20A.02, Penal Code;
	(20)  an offense under Section 20A.03, Penal Code; or
	(21)  a first degree felony under Section 71.02 or
	71.023, Penal Code.
	SECTION 2.54.  Section 508.151(a), Government Code, is
	amended to read as follows:
	(a)  For the purpose of diverting inmates to halfway houses
	under Section 508.118, a parole panel, after reviewing all
	available pertinent information, may designate a presumptive
	parole date for an inmate who:
	(1)  has never been convicted of an offense listed
	under Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
	Criminal Procedure, or an offense under Section 20A.03 or 21.02,
	Penal Code; and
	(2)  has never had a conviction with a judgment that
	contains an affirmative finding under Article 42A.054(c) or (d)
	[Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
	SECTION 2.55.  Section 508.221, Government Code, is amended
	to read as follows:
	Sec. 508.221.  CONDITIONS PERMITTED GENERALLY. A parole
	panel may impose as a condition of parole or mandatory supervision
	any condition that a court may impose on a defendant placed on
	community supervision under Chapter 42A [Article 42.12], Code of
	Criminal Procedure, including the condition that a releasee submit
	to testing for controlled substances or submit to electronic
	monitoring if the parole panel determines that without testing for
	controlled substances or participation in an electronic monitoring
	program the inmate would not be released on parole.
	SECTION 2.56.  Section 508.225(a), Government Code, is
	amended to read as follows:
	(a)  If the nature of the offense for which an inmate is
	serving a sentence warrants the establishment of a child safety
	zone, a parole panel may establish a child safety zone applicable to
	an inmate serving a sentence for an offense listed in Article
	42A.054(a) [Section 3g(a)(1), Article 42.12], Code of Criminal
	Procedure, or for which the judgment contains an affirmative
	finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
	42.12], Code of Criminal Procedure, by requiring as a condition of
	parole or release to mandatory supervision that the inmate not:
	(1)  supervise or participate in any program that
	includes as participants or recipients persons who are 17 years of
	age or younger and that regularly provides athletic, civic, or
	cultural activities; or
	(2)  go in or on, or within a distance specified by the
	panel of, a premises where children commonly gather, including a
	school, day-care facility, playground, public or private youth
	center, public swimming pool, or video arcade facility.
	SECTION 2.57.  Section 509.0071(b), Government Code, is
	amended to read as follows:
	(b)  A commitment reduction plan submitted under this
	section may contain a request for additional state funding in the
	manner described by Subsection (e).  A commitment reduction plan
	must contain:
	(1)  a target number by which the county or counties
	served by the department or regional partnership of departments
	will, relative to the number of individuals committed in the
	preceding state fiscal year from the county or counties to the Texas
	Department of Criminal Justice for offenses not listed in or
	described by Article 42A.054 [Section 3g, Article 42.12], Code of
	Criminal Procedure, reduce that number in the fiscal year for which
	the commitment reduction plan is submitted by reducing the number
	of:
	(A)  direct sentencing commitments;
	(B)  community supervision revocations; or
	(C)  direct sentencing commitments and community
	supervision revocations;
	(2)  a calculation, based on the most recent Criminal
	Justice Uniform Cost Report published by the Legislative Budget
	Board, of the savings to the state that will result from the county
	or counties reaching the target number described by Subdivision
	(1);
	(3)  an explanation of the programs and services the
	department or regional partnership of departments intends to
	provide using any funding received under Subsection (e)(1),
	including any programs or services designed to enhance public
	safety, reduce recidivism, strengthen the investigation and
	prosecution of criminal offenses, improve programs and services
	available to victims of crime, and increase the amount of
	restitution collected from persons supervised by the department or
	regional partnership of departments;
	(4)  a pledge by the department or regional partnership
	of departments to provide accurate data to the division at the time
	and in the manner required by the division;
	(5)  a pledge to repay to the state, not later than the
	30th day after the last day of the state fiscal year in which the
	lump-sum award is made, a percentage of the lump sum received under
	Subsection (e)(1) that is equal to the percentage by which the
	county or counties fail to reach the target number described by
	Subdivision (1), if the county or counties do not reach that target
	number; and
	(6)  if the commitment reduction plan is submitted by a
	regional partnership of departments, an agreement and plan for the
	receipt, division, and administration of any funding received under
	Subsection (e).
	SECTION 2.58.  Section 509.015, Government Code, is amended
	to read as follows:
	Sec. 509.015.  TREATMENT STANDARDS FOR CERTAIN STATE JAIL
	FELONIES. The division shall propose and the board shall adopt best
	practices standards for substance abuse treatment conditions
	imposed under Article 42A.554(c) [Section 15(c)(2), Article
	42.12], Code of Criminal Procedure.
	SECTION 2.59.  Section 509.017, Government Code, is amended
	to read as follows:
	Sec. 509.017.  SPECIAL ALLOCATION FOR CERTAIN DEFENDANTS
	PLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION.  Notwithstanding
	any other provision of this chapter, the Texas Department of
	Criminal Justice shall adopt policies and procedures to:
	(1)  determine the cost savings to the Texas Department
	of Criminal Justice realized through the release of defendants on
	community supervision under Article 42A.551(d)(2)(B) [Section
	15(a)(2)(B)(ii), Article 42.12], Code of Criminal Procedure; and
	(2)  provide 30 percent of that cost savings to the
	division to be allocated to individual departments and used for the
	same purpose that state aid is used under Section 509.011.
	SECTION 2.60.  Section 557.001(c), Government Code, is
	amended to read as follows:
	(c)  A person convicted of an offense under this section may
	not receive community supervision [probation] under Chapter 42A
	[Article 42.12], Code of Criminal Procedure.
	SECTION 2.61.  Section 772.0071(a)(1), Government Code, is
	amended to read as follows:
	(1)  "Border crime" means any crime that occurs in the
	border region and that undermines public safety or security,
	including an offense:
	(A)  during the prosecution of which an
	affirmative finding may be requested under Article 42A.054(c) or
	(d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure;
	(B)  under Chapter 19, 20, 20A, 46, or 71, Penal
	Code;
	(C)  under Title 7 or 8, Penal Code;
	(D)  under Chapter 481, Health and Safety Code;
	(E)  committed by a person who is not a citizen or
	national of the United States and is not lawfully present in the
	United States; or
	(F)  that is coordinated with or related to
	activities or crimes that occur or are committed in the United
	Mexican States.
	SECTION 2.62.  Section 2001.221, Government Code, is amended
	to read as follows:
	Sec. 2001.221.  DRIVER'S LICENSES. This chapter does not
	apply to a suspension, revocation, cancellation, denial, or
	disqualification of a driver's license or commercial driver's
	license as authorized by:
	(1)  Subchapter N, Chapter 521, Transportation Code,
	except Sections 521.304 and 521.305 of that subchapter, or by
	Subchapter O or P of that chapter;
	(2)  Chapter 522, Transportation Code;
	(3)  Chapter 601, Transportation Code; or
	(4)  Article 42A.406 or 42A.407 [Section 13, Article
	42.12], Code of Criminal Procedure.
	SECTION 2.63.  Section 2002.023, Government Code, is amended
	to read as follows:
	Sec. 2002.023.  EXCEPTIONS. This subchapter does not apply
	to:
	(1)  a suspension, revocation, cancellation, denial,
	or disqualification of a driver's license or commercial driver's
	license as authorized by:
	(A)  Subchapter N, Chapter 521, Transportation
	Code, except Sections 521.304 and 521.305 of that subchapter, or by
	Subchapter O or P of that chapter;
	(B)  Chapter 522, Transportation Code;
	(C)  Chapter 601, Transportation Code;
	(D)  Chapter 724, Transportation Code; or
	(E)  Article 42A.406 or 42A.407 [Section 13,
	Article 42.12], Code of Criminal Procedure;
	(2)  matters related solely to the internal personnel
	rules and practices of a state agency;
	(3)  the Texas Workforce Commission, other than to
	matters of unemployment insurance maintained by the commission; or
	(4)  a rule or internal procedure of the Texas
	Department of Criminal Justice or Texas Board of Criminal Justice
	that applies to an inmate or any other person under the custody or
	control of the department or to an action taken under that rule or
	procedure.
	SECTION 2.64.  Section 81.093(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The court shall order that a presentence
	[presentencing] report be prepared under Subchapter F, Chapter 42A
	[Section 9, Article 42.12], Code of Criminal Procedure, to
	determine if a person convicted of an offense under Chapter 481
	(Texas Controlled Substances Act) or under Sections 485.031 through
	485.035 should be subject to Section 81.083 and Subchapter G.
	SECTION 2.65.  Section 169.001(b), Health and Safety Code,
	is amended to read as follows:
	(b)  If a defendant successfully completes a first offender
	prostitution prevention program, regardless of whether the
	defendant was convicted of the offense for which the defendant
	entered the program or whether the court deferred further
	proceedings without entering an adjudication of guilt, after notice
	to the state and a hearing on whether the defendant is otherwise
	entitled to the petition, including whether the required time
	period has elapsed, and whether issuance of the order is in the best
	interest of justice, the court shall enter an order of
	nondisclosure under Section 411.081, Government Code, as if the
	defendant had received a discharge and dismissal under Article
	42A.111 [Section 5(c), Article 42.12], Code of Criminal Procedure,
	with respect to all records and files related to the defendant's
	arrest for the offense for which the defendant entered the program
	if the defendant:
	(1)  has not been previously convicted of a felony
	offense; and
	(2)  is not convicted of any other felony offense
	before the second anniversary of the defendant's successful
	completion of the program.
	SECTION 2.66.  Section 169.002(b), Health and Safety Code,
	is amended to read as follows:
	(b)  A defendant is eligible to participate in a first
	offender prostitution prevention program established under this
	chapter only if:
	(1)  the attorney representing the state consents to
	the defendant's participation in the program; and
	(2)  the court in which the criminal case is pending
	finds that the defendant has not been previously convicted of:
	(A)  an offense under Section 20A.02, 43.02,
	43.03, 43.04, or 43.05, Penal Code;
	(B)  an offense listed in Article 42A.054(a)
	[Section 3g(a)(1), Article 42.12], Code of Criminal Procedure; or
	(C)  an offense punishable as a felony under
	Chapter 481.
	SECTION 2.67.  Section 169A.001(b), Health and Safety Code,
	is amended to read as follows:
	(b)  If a defendant successfully completes a prostitution
	prevention program, regardless of whether the defendant was
	convicted of the offense for which the defendant entered the
	program or whether the court deferred further proceedings without
	entering an adjudication of guilt, after notice to the state and a
	hearing on whether the defendant is otherwise entitled to the
	petition, including whether the required time has elapsed, and
	whether issuance of the order is in the best interest of justice,
	the court shall enter an order of nondisclosure under Section
	411.081, Government Code, as if the defendant had received a
	discharge and dismissal under Article 42A.111 [Section 5(c),
	Article 42.12], Code of Criminal Procedure, with respect to all
	records and files related to the defendant's arrest for the offense
	for which the defendant entered the program.
	SECTION 2.68.  Section 250.006(d), Health and Safety Code,
	is amended to read as follows:
	(d)  For purposes of this section, a person who is placed on
	deferred adjudication community supervision for an offense listed
	in this section, successfully completes the period of deferred
	adjudication community supervision, and receives a dismissal and
	discharge in accordance with Article 42A.111 [Section 5(c), Article
	42.12], Code of Criminal Procedure, is not considered convicted of
	the offense for which the person received deferred adjudication
	community supervision.
	SECTION 2.69.  Section 534.053(c), Health and Safety Code,
	is amended to read as follows:
	(c)  To the extent that resources are available, the
	department shall:
	(1)  ensure that the services listed in this section
	are available for children, including adolescents, as well as
	adults, in each service area;
	(2)  emphasize early intervention services for
	children, including adolescents, who meet the department's
	definition of being at high risk of developing severe emotional
	disturbances or severe mental illnesses; and
	(3)  ensure that services listed in this section are
	available for defendants required to submit to mental health
	treatment under Article 17.032, 42A.104, or 42A.506 [Section 5(a)
	or 11(d), Article 42.12], Code of Criminal Procedure.
	SECTION 2.70.  Section 614.0032(a), Health and Safety Code,
	is amended to read as follows:
	(a)  The office shall:
	(1)  perform duties imposed on the office by Section
	508.146, Government Code; and
	(2)  periodically identify state jail felony
	defendants suitable for release under Article 42A.561 [Section
	15(i), Article 42.12], Code of Criminal Procedure, and perform
	other duties imposed on the office by that article [section].
	SECTION 2.71.  Section 773.0614(c), Health and Safety Code,
	is amended to read as follows:
	(c)  A certificate holder's certificate shall be revoked if
	the certificate holder has been convicted of or placed on deferred
	adjudication community supervision or deferred disposition for:
	(1)  an offense listed in Article 42A.054(a)(2), (3),
	(4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A) through
	(H), Article 42.12], Code of Criminal Procedure; or
	(2)  an offense, other than an offense described by
	Subdivision (1), committed on or after September 1, 2009, for which
	the person is subject to registration under Chapter 62, Code of
	Criminal Procedure.
	SECTION 2.72.  Section 773.06141(a), Health and Safety Code,
	is amended to read as follows:
	(a)  The commissioner may suspend, revoke, or deny an
	emergency medical services provider license on the grounds that the
	provider's administrator of record, employee, or other
	representative:
	(1)  has been convicted of, or placed on deferred
	adjudication community supervision or deferred disposition for, an
	offense that directly relates to the duties and responsibilities of
	the administrator, employee, or representative, other than an
	offense for which points are assigned under Section 708.052,
	Transportation Code;
	(2)  has been convicted of or placed on deferred
	adjudication community supervision or deferred disposition for an
	offense, including:
	(A)  an offense listed in Article 42A.054(a)(2),
	(3), (4), (6), (7), (8), (10), or (14) [Sections 3g(a)(1)(A)
	through (H), Article 42.12], Code of Criminal Procedure; or
	(B)  an offense, other than an offense described
	by Subdivision (1), for which the person is subject to registration
	under Chapter 62, Code of Criminal Procedure; or
	(3)  has been convicted of Medicare or Medicaid fraud,
	has been excluded from participation in the state Medicaid program,
	or has a hold on payment for reimbursement under the state Medicaid
	program under Subchapter C, Chapter 531, Government Code.
	SECTION 2.73.  Section 841.082(a), Health and Safety Code,
	is amended to read as follows:
	(a)  Before entering an order directing a person's
	outpatient civil commitment, the judge shall impose on the person
	requirements necessary to ensure the person's compliance with
	treatment and supervision and to protect the community.  The
	requirements shall include:
	(1)  requiring the person to reside in a Texas
	residential facility under contract with the office or at another
	location or facility approved by the office;
	(2)  prohibiting the person's contact with a victim or
	potential victim of the person;
	(3)  prohibiting the person's possession or use of
	alcohol, inhalants, or a controlled substance;
	(4)  requiring the person's participation in and
	compliance with a specific course of treatment provided by the
	office and compliance with all written requirements imposed by the
	case manager or otherwise by the office;
	(5)  requiring the person to:
	(A)  submit to tracking under a particular type of
	tracking service and to any other appropriate supervision; and
	(B)  refrain from tampering with, altering,
	modifying, obstructing, or manipulating the tracking equipment;
	(6)  prohibiting the person from changing the person's
	residence without prior authorization from the judge and from
	leaving the state without that prior authorization;
	(7)  if determined appropriate by the judge,
	establishing a child safety zone in the same manner as a child
	safety zone is established by a judge under Article 42A.453
	[Section 13B, Article 42.12], Code of Criminal Procedure, and
	requiring the person to comply with requirements related to the
	safety zone; and
	(8)  any other requirements determined necessary by the
	judge.
	SECTION 2.74.  Section 133.055(b), Local Government Code, is
	amended to read as follows:
	(b)  If the treasurer does not collect any fees during a
	calendar quarter, the treasurer shall file the report required for
	the quarter in the regular manner.  The report must state that no
	fees were collected. This subsection does not apply to fees
	collected under Article 42A.303 or 42A.653 [Sections 14 and 19,
	Article 42.12], Code of Criminal Procedure, or under Section
	76.013, Government Code.
	SECTION 2.75.  Section 133.058(d), Local Government Code, is
	amended to read as follows:
	(d)  A county may not retain a service fee on the collection
	of a fee:
	(1)  for the judicial fund;
	(2)  under Article 42A.303 or 42A.653 [Sections 14 and
	19, Article 42.12], Code of Criminal Procedure; or
	(3)  under Section 51.851, Government Code.
	SECTION 2.76.  Section 152.017, Local Government Code, is
	amended to read as follows:
	Sec. 152.017.  EXCEPTIONS.  This subchapter does not apply
	to:
	(1)  a judge of a court of record;
	(2)  a presiding judge of a commissioners court in a
	county with a population of 3.3 million or more;
	(3)  a district attorney paid wholly by state funds or
	the district attorney's assistants, investigators, or other
	employees;
	(4)  a county auditor, county purchasing agent, or the
	auditor's or purchasing agent's assistants or other employees; or
	(5)  a person employed under Section 76.004, Government
	Code [10, Article 42.12, Code of Criminal Procedure].
	SECTION 2.77.  Section 157.002(a), Local Government Code, is
	amended to read as follows:
	(a)  The commissioners court by rule may provide for medical
	care and hospitalization and may provide for compensation,
	accident, hospital, and disability insurance for the following
	persons if their salaries are paid from the funds of the county or
	funds of a flood control district located entirely in the county, or
	funds of a hospital district described by Section 281.0475, Health
	and Safety Code, located entirely in the county, or if they are
	employees of another governmental entity for which the county is
	obligated to provide benefits:
	(1)  deputies, assistants, and other employees of the
	county, or of the flood control district, or of the hospital
	district, who work under the commissioners court or its appointees;
	(2)  county and district officers and their deputies
	and assistants appointed under Subchapter A, Chapter 151;
	(3)  employees appointed under Section 76.004(b),
	Government Code [10(a), Article 42.12, Code of Criminal Procedure];
	(4)  any retired person formerly holding any status
	listed above; and
	(5)  the dependents of any person listed above.
	SECTION 2.78.  Section 352.082(d), Local Government Code, is
	amended to read as follows:
	(d)  An offense under this section is a Class C misdemeanor.
	On conviction of an offense under this section, the court shall
	require the defendant, in addition to any fine, to perform
	community service as provided by Article 42A.304(e) [Section 16(e),
	Article 42.12], Code of Criminal Procedure.
	SECTION 2.79.  Section 53.021(a), Occupations Code, is
	amended to read as follows:
	(a)  A licensing authority may suspend or revoke a license,
	disqualify a person from receiving a license, or deny to a person
	the opportunity to take a licensing examination on the grounds that
	the person has been convicted of:
	(1)  an offense that directly relates to the duties and
	responsibilities of the licensed occupation;
	(2)  an offense that does not directly relate to the
	duties and responsibilities of the licensed occupation and that was
	committed less than five years before the date the person applies
	for the license;
	(3)  an offense listed in Article 42A.054 [Section 3g,
	Article 42.12], Code of Criminal Procedure; or
	(4)  a sexually violent offense, as defined by Article
	62.001, Code of Criminal Procedure.
	SECTION 2.80.  Section 109.001(3), Occupations Code, is
	amended to read as follows:
	(3)  "Sex offender" has the meaning assigned by Article
	42A.251(2) [Section 9(m), Article 42.12], Code of Criminal
	Procedure.
	SECTION 2.81.  Section 12.35(c), Penal Code, is amended to
	read as follows:
	(c)  An individual adjudged guilty of a state jail felony
	shall be punished for a third degree felony if it is shown on the
	trial of the offense that:
	(1)  a deadly weapon as defined by Section 1.07 was used
	or exhibited during the commission of the offense or during
	immediate flight following the commission of the offense, and that
	the individual used or exhibited the deadly weapon or was a party to
	the offense and knew that a deadly weapon would be used or
	exhibited; or
	(2)  the individual has previously been finally
	convicted of any felony:
	(A)  under Section 20A.03 or 21.02 or listed in
	Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
	Criminal Procedure; or
	(B)  for which the judgment contains an
	affirmative finding under Article 42A.054(c) or (d) [Section
	3g(a)(2), Article 42.12], Code of Criminal Procedure.
	SECTION 2.82.  Section 12.42(h), Penal Code, is amended to
	read as follows:
	(h)  In this section, "sexually violent offense" means an
	offense:
	(1)  described by Article 62.001(6), Code of Criminal
	Procedure; and
	(2)  for which an affirmative finding has been entered
	under Article 42.015(b) or 42A.105(a) [Section 5(e)(2), Article
	42.12], Code of Criminal Procedure, for an offense other than an
	offense under Section 21.02 or 22.021.
	SECTION 2.83.  Section 15.031(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if, with intent that an
	offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
	42.12], Code of Criminal Procedure, be committed, the person
	requests, commands, or attempts to induce a minor to engage in
	specific conduct that, under the circumstances surrounding the
	actor's conduct as the actor believes them to be, would constitute
	an offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
	42.12,] or make the minor a party to the commission of an offense
	listed by Article 42A.054(a) [Section 3g(a)(1), Article 42.12].
	SECTION 2.84.  Section 49.09(h), Penal Code, is amended to
	read as follows:
	(h)  This subsection applies only to a person convicted of a
	second or subsequent offense relating to the operating of a motor
	vehicle while intoxicated committed within five years of the date
	on which the most recent preceding offense was committed.  The court
	shall enter an order that requires the defendant to have a device
	installed, on each motor vehicle owned or operated by the
	defendant, that uses a deep-lung breath analysis mechanism to make
	impractical the operation of the motor vehicle if ethyl alcohol is
	detected in the breath of the operator, and that requires that
	before the first anniversary of the ending date of the period of
	license suspension under Section 521.344, Transportation Code, the
	defendant not operate any motor vehicle that is not equipped with
	that device.  The court shall require the defendant to obtain the
	device at the defendant's own cost on or before that ending date,
	require the defendant to provide evidence to the court on or before
	that ending date that the device has been installed on each
	appropriate vehicle, and order the device to remain installed on
	each vehicle until the first anniversary of that ending date.  If
	the court determines the offender is unable to pay for the device,
	the court may impose a reasonable payment schedule not to extend
	beyond the first anniversary of the date of installation.  The
	Department of Public Safety shall approve devices for use under
	this subsection.  Section 521.247, Transportation Code, applies to
	the approval of a device under this subsection and the consequences
	of that approval.  Failure to comply with an order entered under
	this subsection is punishable by contempt.  For the purpose of
	enforcing this subsection, the court that enters an order under
	this subsection retains jurisdiction over the defendant until the
	date on which the device is no longer required to remain installed.
	To the extent of a conflict between this subsection and Article
	42A.408 [Section 13(i), Article 42.12], Code of Criminal Procedure,
	this subsection controls.
	SECTION 2.85.  Section 71.023(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if the person, as part of the
	identifiable leadership of a criminal street gang, knowingly
	finances, directs, or supervises the commission of, or a conspiracy
	to commit, one or more of the following offenses by members of a
	criminal street gang:
	(1)  a felony offense that is listed in Article
	42A.054(a) [Section 3g(a)(1), Article 42.12], Code of Criminal
	Procedure;
	(2)  a felony offense for which it is shown that a
	deadly weapon, as defined by Section 1.07, was used or exhibited
	during the commission of the offense or during immediate flight
	from the commission of the offense; or
	(3)  an offense that is punishable under Section
	481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or
	481.120(b)(6), Health and Safety Code.
	SECTION 2.86.  Section 521.245(b), Transportation Code, is
	amended to read as follows:
	(b)  The program required under Subsection (a) may not be the
	program provided by Section 521.344 or by Article 42A.403 or
	42A.404 [Section 13, Article 42.12], Code of Criminal Procedure.
	SECTION 2.87.  Section 521.320(f), Transportation Code, is
	amended to read as follows:
	(f)  For the purposes of this section, a person is convicted
	of an offense regardless of whether sentence is imposed or the
	person is placed on community supervision for the offense under
	Chapter 42A [Article 42.12], Code of Criminal Procedure.
	SECTION 2.88.  Section 521.342(b), Transportation Code, is
	amended to read as follows:
	(b)  The department shall suspend for one year the license of
	a person who is under 21 years of age and is convicted of an offense
	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
	regardless of whether the person is required to attend an
	educational program under Article 42A.403 [Section 13(h), Article
	42.12], Code of Criminal Procedure, that is designed to
	rehabilitate persons who have operated motor vehicles while
	intoxicated, unless the person is placed under community
	supervision under Chapter 42A, Code of Criminal Procedure, [that
	article] and is required as a condition of the community
	supervision to not operate a motor vehicle unless the vehicle is
	equipped with the device described by Article 42A.408 [Section
	13(i)] of that chapter [article]. If the person is required to
	attend such a program and does not complete the program before the
	end of the person's suspension, the department shall suspend the
	person's license or continue the suspension, as appropriate, until
	the department receives proof that the person has successfully
	completed the program. On the person's successful completion of
	the program, the person's instructor shall give notice to the
	department and to the community supervision and corrections
	department in the manner provided by Article 42A.406(b) [Section
	13(h), Article 42.12], Code of Criminal Procedure.
	SECTION 2.89.  Sections 521.344(d), (f), and (i),
	Transportation Code, are amended to read as follows:
	(d)  Except as provided by Subsection (e) and Section
	521.342(b), during a period of probation the department may not
	revoke the person's license if the person is required under Article
	42A.403 or 42A.404 [Section 13(h) or (j), Article 42.12], Code of
	Criminal Procedure, to successfully complete an educational
	program designed to rehabilitate persons who have operated motor
	vehicles while intoxicated, unless the person was punished under
	Section 49.09(a) or (b), Penal Code, and was subject to Section
	49.09(h) of that code. The department may not revoke the license of
	a person:
	(1)  for whom the jury has recommended that the license
	not be revoked under Article 42A.407(a) [Section 13(g), Article
	42.12], Code of Criminal Procedure; or
	(2)  who is placed under community supervision under
	Chapter 42A, Code of Criminal Procedure, [that article] and is
	required as a condition of community supervision to not operate a
	motor vehicle unless the vehicle is equipped with the device
	described by Article 42A.408 [Section 13(i)] of that chapter
	[article], unless the person was punished under Section 49.09(a) or
	(b), Penal Code, and was subject to Section 49.09(g) of that code.
	(f)  After the date has passed, according to department
	records, for successful completion of an educational program for
	repeat offenders as required by Article 42A.404 [Section 13,
	Article 42.12], Code of Criminal Procedure, the director shall
	suspend the license of a person who does not successfully complete
	the program or, if the person is a resident without a license, shall
	issue an order prohibiting the person from obtaining a license.
	(i)  On the date that a suspension order under Section
	521.343(c) is to expire, the period of suspension or the
	corresponding period in which the department is prohibited from
	issuing a license is automatically increased to two years unless
	the department receives notice of successful completion of the
	educational program as required by Article 42A.406 [Section 13,
	Article 42.12], Code of Criminal Procedure. At the time a person is
	convicted of an offense under Section 49.04 or 49.045, Penal Code,
	the court shall warn the person of the effect of this subsection.
	On the person's successful completion of the program, the person's
	instructor shall give notice to the department and to the community
	supervision and corrections department in the manner required by
	Article 42A.406(b) [Section 13, Article 42.12], Code of Criminal
	Procedure. If the department receives proof of completion after a
	period has been extended under this subsection, the department
	shall immediately end the suspension or prohibition.
	SECTION 2.90.  Section 521.350(d), Transportation Code, is
	amended to read as follows:
	(d)  A person whose license is suspended under Subsection (a)
	shall be required by the court in which the person was convicted to
	perform at least 10 hours of community service as ordered by the
	court.  If the person is a resident of this state without a driver's
	license to operate a motor vehicle, the court shall issue an order
	prohibiting the department from issuing the person a driver's
	license before the person completes the community service.
	Community service required under this subsection is in addition to
	any community service required of the person as a condition of
	community supervision under Article 42A.304 [Section 16, Article
	42.12], Code of Criminal Procedure.
	SECTION 2.91.  Section 522.088, Transportation Code, is
	amended to read as follows:
	Sec. 522.088.  APPLICABILITY OF OTHER LAW. Section 521.344
	of this code and Subchapter I, Chapter 42A [Section 13, Article
	42.12], Code of Criminal Procedure, except Article 42A.409 of that
	subchapter, do not apply to a person disqualified under this
	chapter.
	ARTICLE 3.  REPEALER
	SECTION 3.01.  Article 42.12, Code of Criminal Procedure, is
	repealed.
	ARTICLE 4. GENERAL MATTERS
	SECTION 4.01.  This Act is enacted under Section 43, Article
	III, Texas Constitution. This Act is intended as a codification
	only, and no substantive change in the law is intended by this Act.
	SECTION 4.02.  This Act takes effect April 1, 2017.
	COMMITTEE AMENDMENT NO.	1
	Amend H.B. No. 2299 (introduced version) as follows:
	(1)  On page 128, line 26, between "Procedure," and "are",
	insert "as amended by S.B. No. 219, Acts of the 84th Legislature,
	Regular Session, 2015,".
	(2)  On page 129, line 5, strike "department" and substitute
	"Department of State Health Services".
	(3)  On page 129, line 14, strike "mental retardation" and
	substitute "intellectual and developmental disability".
	(4)  On page 129, lines 15 and 16, between "Procedure," and
	"is", insert "as amended by S.B. No. 219, Acts of the 84th
	Legislature, Regular Session, 2015,".
	(5)  On page 129, line 20, strike "department" and substitute
	"Department of State Health Services".
	(6)  On page 174, lines 11 and 12, between "Code," and "is",
	insert "as amended by S.B. No. 219, Acts of the 84th Legislature,
	Regular Session, 2015,".
	(7)  On page 174, line 13, strike "commissioner" and
	substitute "department".
	84R22171 KEL-DHerrero