The date sentence is to commence and any credit for time served; 19. 11, eff.
COMMENCEMENT OF SENTENCE; STATUS DURING APPEAL; PEN PACKET. (E) participate in project administered program evaluation and research activities; (5) provide technical assistance to the division to: (A) develop and implement standards for selection of programs for inclusion in the project; and. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. (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); or, (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. 6. Any such contract shall provide for: 2. 327 (H.B. (2) the specific wholesale value of each nonconforming recording is not relevant to the calculation. Sec. 87 (S.B. (n) added by Acts 1999, 76th Leg., ch. (h) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 827, Sec. 467 (H.B. 2299), Sec. 1159, Sec. 500), Sec. 213), Sec. (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, 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. COMMUNITY EDUCATIONAL CAMPAIGN. 2, eff. ESTABLISHMENT. Aug. 31, 1981; Sec. (7) "Program" means a battering intervention and prevention program that: (i) the guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice with the assistance of the statewide nonprofit organization described by Section 3(1); and, (ii) any other eligibility requirements adopted by the Texas Department of Criminal Justice; and. 1678), Sec. September 1, 2011. (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. (b) In its order requiring a defendant to participate in community service work, the court must specify: (1) the number of hours the defendant is required to work; and. Art. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 775, Sec. Sept. 1, 1995; Sec. 1, eff. FINDING REGARDING DILIGENT PARTICIPATION CREDIT. Added by Acts 1993, 73rd Leg., ch. 318, Sec.
Aug. 26, 1991; Acts 1991, 72nd Leg., 2nd C.S., ch.
Sept. 1, 1989; Acts 1989, 71st Leg., ch. (c) A judgment and sentence may be rendered under this article in the absence of the defendant only after the defendant is notified by the court of original jurisdiction of the right to counsel and the defendant requests counsel or waives the right to counsel in accordance with Article 1.051. This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. 3, eff. Acts 2009, 81st Leg., R.S., Ch.
10, Sec.
Sept. 1, 1995; Subsec. 718 (H.B. 42.023. 87 (S.B. 1, eff. The sending state shall bear the cost of such return to its territory. 1969), Sec. 2, eff.
At the hearing, if the court determines that the sheriff's assessment of the defendant's conduct is correct, the court may terminate the defendant's participation in the program and order the defendant to the term of imprisonment that the defendant would have received had he not entered the program. SENTENCE TO SERVE TIME DURING OFF-WORK HOURS. 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), 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. (c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. Repealed by Acts 2009, 81st Leg., R.S., Ch.
NOTIFICATION OF COURT OF FAMILY VIOLENCE CONVICTION. 68 (S.B. 1, eff. 382, Sec.
(d) The court may require bail of a defendant to ensure the defendant's faithful performance of community service and may attach conditions to the bail as it determines are proper. (a) Except as provided by this section, a restitution lien attaches and is perfected when an affidavit to perfect the lien is filed in accordance with this article. (2) If the offense results in personal injury to a victim, the court may order the defendant to make restitution to: (A) the victim for any expenses incurred by the victim as a result of the offense; or. Acts 2009, 81st Leg., R.S., Ch. 2 amended by Acts 1981, 67th Leg., p. 353, ch. 2.01, eff. Sec. Art. The record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In the event that a presentence investigation is required by Subchapter F, Chapter 42A, a statement that the presentence investigation was done according to the applicable provision; 27. In the trial of an offense, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the applicable conduct was engaged in as part of the activities of a criminal street gang as defined by Section 71.01, Penal Code. (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. 113, eff. 2299), Sec. (h) Repealed by Acts 1995, 74th Leg., ch. Added by Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 1, eff. FINDING REGARDING GANG-RELATED CONDUCT. September 1, 2015. Art. September 1, 2009. 2299), Sec. 770 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 87 (S.B. FINDING REGARDING VICTIMS OF TRAFFICKING OR OTHER ABUSE. 2, p. 317, ch. COMPLETION OF SENTENCE IN FEDERAL CUSTODY. January 1, 2017. (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF BIAS OR PREJUDICE. September 1, 2021. 2.17, eff. 360, Sec. In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.015. 639 (H.B. 7. 8 added by Acts 1989, 71st Leg., ch. 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. Sec. 1, eff. NOTICE OF FAMILY VIOLENCE OFFENSES PROVIDED BY CLERK OF COURT. CONTRACT DATE. (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. (b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution escaped from is situated. 1 amended by Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Sec. Sec. (4) make a record of the forwarding of the payment. Acts 2007, 80th Leg., R.S., Ch. 562), Sec. In addition to the information described by Section 1, the judgment must reflect affirmative findings entered pursuant to Article 42.0175. Renumbered from Vernon's Ann. (2) at the time of the offense, the defendant had knowledge or reason to know that the person younger than 15 years of age was physically present or occupied the same habitation or vehicle. 933 (H.B. (1) "Batterer" means a person who commits repeated acts of violence or who repeatedly threatens violence against another who is: (A) related to the actor by affinity or consanguinity, as determined under Chapter 573, Government Code; (C) resides or has resided in the same household with the actor. A restitution lien extends to: (1) any interest of the defendant in real property whether then owned or after-acquired located in a county in which the lien is perfected by the filing of an affidavit with the county clerk; (2) any interest of the defendant in tangible or intangible personal property whether then owned or after-acquired other than a motor vehicle if the lien is perfected by the filing of the affidavit with the secretary of state; or. Subsecs. 919 (S.B. (a) The provisions of this compact shall be liberally construed and shall be severable. 4.03, eff.
(4) appropriate measures are taken to ensure: (B) a fair hearing for the defendant that complies with all applicable laws and rules. Sec. 1570), Sec. Sept. 1, 1999. June 15, 1971. 2. (b) In a criminal case described by Subsection (a), the judge shall, at the time of pronouncement of a sentence of confinement, issue an order requiring the secure correctional facility in which the defendant is to be confined and all appropriate government officers, including a sheriff, a warden, or members of the Board of Pardons and Paroles, as appropriate, to require the defendant to serve in federal custody the final portion of the defendant's sentence, not to exceed a period of seven days, following the facility's or officer's determination that the change in the place of confinement will facilitate the seamless transfer of the defendant into federal custody. 2151), Sec. (c) amended by Acts 2003, 78th Leg., ch. 2, eff. 1(1) amended by Acts 1991, 72nd Leg., ch. June 18, 1999. Subsec. 7 added by Acts 1999, 76th Leg., ch. (d) A partial release of a lien as to specific property may be executed by the attorney representing the state or a magistrate who signs an affidavit described by Section 6 of this article on payment of a sum determined to represent the defendant's interest in any property to which the lien may attach. Acts 2017, 85th Leg., R.S., Ch.
1969), Sec. 2, eff.
Sec. 2, eff. The following persons may file an affidavit to perfect a restitution lien: (1) the attorney representing the state in a criminal case in which a victim is determined by the court to be entitled to restitution or in which a defendant is ordered to pay fines or costs; or. 4, eff. Acts 2005, 79th Leg., Ch. 3, eff.
This article applies whether or not the judgment of conviction is a fine or jail sentence or both, but the deduction in time may not exceed one-third of the original sentence as to fines and court costs assessed in the judgment of conviction. (a) This article applies only in the trial of an offense under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, in which: (1) the defendant enters a plea of guilty; and. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. 42.17. (f) The court may require a defendant to reimburse the county under this article by paying to the sheriff the bill presented by the sheriff within a specified period or in specified installments. Art. Acts 2009, 81st Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 1570), Sec. (a) amended by Acts 1989, 71st Leg., ch.
3774), Sec. September 1, 2007. (d) The court may hold a hearing, make findings of fact, and amend a restitution order issued under Subsection (a) if the defendant fails to pay the victim named in the order in the manner specified by the court. September 1, 2005. If a person is convicted of, receives a grant of deferred adjudication for, or is adjudicated as having engaged in delinquent conduct based on a violation of an offense for which a conviction or adjudication requires registration as a sex offender under Chapter 62, the court shall: (1) issue an order requiring the Texas Department of Public Safety to include in any driver's license record or personal identification certificate record maintained by the department for the person an indication that the person is subject to the registration requirements of Chapter 62; (2) require the person to apply to the Texas Department of Public Safety in person for an original or renewal driver's license or personal identification certificate not later than the 30th day after the date the person is released or the date the department sends written notice to the person of the requirements of Article 62.060, as applicable, and to annually renew the license or certificate; (3) notify the person of the consequence of the conviction or order of deferred adjudication as it relates to the order issued under this article; and. (2) the conviction is based solely on the ages of the defendant and the victim or intended victim at the time of the offense. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1967, 60th Leg., p. 1743, ch. LIEN ESTABLISHED. (u) For purposes of Subsection (t)(1)(A): (1) the calculation of the aggregate wholesale value is based on the average wholesale value of the lawfully manufactured and authorized recordings; and. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 2.15, eff. 3, eff. 10, Sec. 538, Sec. 42.0183. Added by Acts 2007, 80th Leg., R.S., Ch.
8(a) to (c) amended by Acts 1995, 74th Leg., ch. A court entering a felony judgment shall use the form promulgated under this section. 161 (S.B. Aug. 30, 1993. Other Arrangements Unaffected. 1373), Sec. 6, eff. (a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, such official may direct that the confinement be within an institution within the territory of such other party state, the receiving state to act in that regard solely as agent for the sending state. September 1, 2009. Art. (4) "Family violence" has the meaning assigned by Section 71.004, Family Code. 722, Sec. Sept. 1, 1993; Sec. 659, Sec. The money received by the court under this section may be used to pay the following expenses as directed by the court: (1) the support of the defendant's dependents, if necessary; (2) the defendant's documented personal, business, and travel expenses; (3) reimbursement of the general fund of the county for the maintenance of the defendant in jail; and. 2, eff. (d) If the sheriff does not find employment for a defendant who would otherwise be sentenced to imprisonment in the department, the sheriff shall: (1) transfer the defendant to the sheriff of a county who agrees to accept the defendant as a participant in the county jail work release program; or. If the defendant satisfies the judgment, the clerk shall immediately execute and file for record a release of the restitution lien with all officers or entities with which the affidavit perfecting the lien was filed, as indicated by the notice received by the clerk under Section 7(h) of this article, unless a release was executed and filed by the person who filed the affidavit to perfect the lien. 8(g) repealed by Acts 2003, 78th Leg., ch. (2) other factors the court deems appropriate. FINDINGS REGARDING TAX FRAUD. Acts 2019, 86th Leg., R.S., Ch. 282 (H.B. 1121), Sec. Acts 2009, 81st Leg., R.S., Ch. If a person is convicted of a state jail felony, the judge shall make a finding and enter the finding in the judgment of the case regarding whether the person is presumptively entitled to diligent participation credit in accordance with Article 42A.559. Upon a valid transfer to the department under this section, the defendant may not thereafter be released on bail pending his appeal.
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