12. FINDING REGARDING FELONY CONVICTION. Sept. 1, 1993. Added by Acts 1989, 71st Leg., ch. Oct. 1, 1991; Sec. 513, Sec. Sept. 1, 1993; Sec. 785, Sec. 2, eff. (d) A defendant who submits to electronic monitoring or participates in the house arrest program under this article discharges a sentence of confinement in the same manner as if the defendant were confined in county jail. (B) the presence of a responsive law enforcement climate in the community; (5) develop and monitor the project in cooperation with the nonprofit organization described by Subdivision (1); (6) monitor the development of a community educational campaign in cooperation with the nonprofit organization described by Subdivision (1); (7) assist the nonprofit organization described by Subdivision (1) in designing program evaluations and research activities; (8) facilitate training of probation officers and other criminal justice professionals by the nonprofit organization described by Subdivision (1) and by programs; (9) seek the assistance of the nonprofit organization described by Subdivision (1) in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines; and. 5.03, eff. 2.02, eff. (2) the fifth anniversary of the last day of the term of confinement, if the court does not order community supervision. (2) is operated by the commissioners court of the county, or by a private vendor under contract with the commissioners court, under Section 351.904, Local Government Code, if the defendant has not been placed on community supervision. 346), Sec. 42.0192. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact. 87 (S.B. The judge shall enter the affirmative finding in the judgment in the case. (b) If the state requests affirmative findings in the manner required by Subsection (a), the court shall make the requested affirmative findings and enter the findings in the papers in the case if the court finds by clear and convincing evidence that: (1) the defendant's failure to pay a tax or file a report when due, as required by Title 2 or 3, Tax Code, was a result of fraud or an intent to evade the tax; (2) the defendant altered, destroyed, or concealed any record, document, or thing, or presented to the comptroller any altered or fraudulent record, document, or thing, or otherwise engaged in fraudulent conduct for the apparent purpose of affecting the course or outcome of an audit, investigation, redetermination, or other proceeding before the comptroller; or. 1, eff. June 14, 2019. ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION PROCESS. 42.18 by Acts 1987, 70th Leg., ch. (b) Not later than the fifth day after the date a person who holds a certificate issued under Subchapter B, Chapter 21, Education Code, is convicted or granted deferred adjudication on the basis of an offense, the clerk of the court in which the conviction or deferred adjudication is entered shall provide to the State Board for Educator Certification written notice of the person's conviction or deferred adjudication, including the offense on which the conviction or deferred adjudication was based.

6, eff. 7, eff. (2) "Motor vehicle" has the meaning assigned by Chapter 501, Transportation Code. 1, eff. 42.152. 854, Sec. Sept. 1, 1995; Subsec. Upon written request from the county sheriff, the photograph and fingerprints shall be filed with the sheriff of the county to which the parolee is assigned if that county is not the county from which the parolee was sentenced. (w) If a defendant is convicted of an offense under Section 42.0601, Penal Code, the court may order the defendant to make restitution to an entity for the reasonable costs of the emergency response by that entity resulting from the false report. A lien that is refiled expires on the 10th anniversary of the date the lien was refiled or the date the defendant satisfies the judgment creating the lien, whichever occurs first. 14.05, eff. (B) if return of the property is impossible or impractical or is an inadequate remedy, to pay an amount equal to the greater of: (i) the value of the property on the date of the damage, loss, or destruction; or. Added by Acts 2001, 77th Leg., ch. Sec. 12, eff. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. June 18, 2005. 4, eff. Art. Art. Added by Acts 1989, 71st 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. September 1, 2017. COMMUNITY EDUCATIONAL CAMPAIGN. 915 (H.B. Sec. 8(a) amended by Acts 2003, 78th Leg., ch. September 1, 2017. Sept. 1, 1995; Sec. Art. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 4, eff. 2.15, eff. The judge may require bail of the defendant to ensure the faithful performance of the sentence. 25, Sec. 1334, Sec. Sept. 1, 1987; Sec. The division shall: (1) contract with a nonprofit organization that for the five-year period before the date on which a contract is to be signed has been involved in providing to shelter centers, law enforcement agencies, and the legal community statewide advocacy and technical assistance relating to family violence, with the contract requiring the nonprofit organization to perform the duties described in Section (4) of this article; (2) seek the input of the statewide nonprofit organization described in Subdivision (1) in the development of standards for selection of programs for inclusion in the project and the review of proposals submitted by programs; (3) issue requests for proposals for the programs and an educational campaign not later than January 1, 1990; (4) award contracts for programs that are operated by nonprofit organizations and that take into consideration: (A) a balanced geographical distribution of urban, rural, and suburban models; and. Acts 2015, 84th Leg., R.S., Ch. FINDING REGARDING VICTIMS OF TRAFFICKING OR OTHER ABUSE. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 11. (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. Sept. 1, 1999; Sec. 543 (H.B. FINDING THAT CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE. 469 (H.B. 2, eff. 4A. CONTRACT DATE. Sept. 1, 1993. Acts 1965, 59th Leg., vol. Amended by Acts 1993, 73rd Leg., ch. 3, eff. 2931), Sec. A defendant participating in a program under this article shall be confined in the county jail or in another facility designated by the sheriff at all times except for: (1) time spent at work and traveling to or from work; and. 4170), Sec. 1, eff. 117, eff. 491 (H.B. Renumbered from Vernon's Ann.C.C.P. Sept. 1, 2003.

3.03, eff. September 1, 2009. In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.0198. June 6, 2017. (2) a victim in a criminal case determined by the court to be entitled to restitution. (b) The court shall, after considering the financial circumstances of the defendant, specify in a restitution order issued under Subsection (a) the manner in which the defendant must pay the restitution. 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, a statement of the amount of the payment or payments required to be made; 25. Art. (a) In the trial of an offense described by Section 810.004, Government Code, 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 defendant is: (1) a member of the employee class described by Section 810.004(b)(1), Government Code, while a member of the Employees Retirement System of Texas because the person serves as a corrections officer for the Texas Department of Criminal Justice or the Texas Juvenile Justice Department; or. (f) The requirement under Article 45.0492(a), as added by Chapter 227 (H.B. 921 (H.B. Art. (e) On the day on which a defendant who is required to reimburse the county under this article discharges an executed sentence of confinement or completes the period of confinement required as a condition of community supervision, the sheriff shall present to the defendant a bill computed by multiplying the daily rate of $25 times the number of days the defendant was confined in the county jail, not counting the day on which the execution of the sentence or the period of confinement began. 10. (2) any other special circumstances that may affect the defendant's ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. (a) This article applies only to: (1) conviction or deferred adjudication community supervision granted on the basis of an offense for which a conviction or grant of deferred adjudication community supervision requires the defendant to register as a sex offender under Chapter 62; or. 2, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 1993; Sec. 1, eff. (3) "State" means the State of Texas and all political subdivisions thereof. Acts 2009, 81st Leg., R.S., Ch.

Sept. 1, 1993. (d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant's employment status, earning ability, and financial resources; and. art. (3) if the defendant, in violation of an order entered under Article 42.24, contacts the victim of the offense for which the defendant is serving a sentence or a member of the victim's family.

2, eff. 4.10, eff. Acts 1965, 59th Leg., vol. (b) If the attorney representing the state in a criminal case involving family violence learns that the defendant is subject to the jurisdiction of another court relating to an order that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for possession of or access to a child, the attorney representing the state shall notify the court in which the defendant is being tried of the existence of the order and the identity of the court of continuing jurisdiction. This subsection applies only if appropriate officers of the federal government consent to the transfer of the defendant into federal custody under the circumstances described by this subsection.

2. In addition to the information described by Section 1, the judgment must reflect affirmative findings entered pursuant to Article 42.0175. AFFIDAVIT. 4464), Sec. 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. 42.013. Sept. 1, 1993. Aug. 29, 1983; Sec. Amended by Acts 1993, 73rd Leg., ch.

September 1, 2009. 9 added by Acts 1999, 76th Leg., ch. Sec. 1. A county that transfers a defendant to the Texas Department of Criminal Justice under this article may deliver to an officer designated by the department a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit brought by the inmate while the inmate was confined in the county jail awaiting transfer to the department following conviction of a felony or revocation of community supervision, parole, or mandatory supervision. (a) The victim of a criminal offense has a restitution lien to secure the amount of restitution to which the victim is entitled under the order of a court in a criminal case. Acts 2015, 84th Leg., R.S., Ch. (d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution. 7 added by Acts 1989, 71st Leg., ch. 165, Sec. (2) treat the victim for HIV, hepatitis A, hepatitis B, tuberculosis, or any other disease designated as a reportable disease under Section 81.048, Health and Safety Code, the victim contracts as a result of the offense. A lien against a motor vehicle as provided by this article is not perfected until the defendant's title to the vehicle has been surrendered to the court and the department has issued a subsequent title that discloses on its face the fact that the vehicle is subject to a restitution lien established as provided by this article. (c) The court, in determining whether to order restitution and the amount of restitution, shall consider: (1) the amount of the loss sustained by any victim and the amount paid to or on behalf of the victim by the compensation to victims of crime fund as a result of the offense; and. 113 (S.B. (h) added by Acts 1991, 72nd Leg., 2nd C.S., ch. (b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. September 1, 2013. 900, Sec. 4, eff. 7), Sec. 321, Sec. JUDGE MAY CONSIDER ALTERNATIVE SENTENCING. 2, eff. (a), (b) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. As used in this compact, unless the context clearly requires otherwise: (a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the commonwealth of Puerto Rico. 42.0194. 9.01, eff.

Acts 2009, 81st Leg., R.S., Ch. (2) "Division" means the community justice assistance division of the Texas Department of Criminal Justice. 980 (H.B. September 1, 2017. NOTICE OF THEFT, FRAUD, MONEY LAUNDERING, OR INSURANCE FRAUD PROVIDED BY CLERK OF COURT. Sept. 1, 1995; Sec. January 1, 2021. 1470), Sec. 480, Sec. January 1, 2021. NOTICE PROVIDED BY CLERK OF COURT. Sept. 1, 1989. (a) A judge may order the sentencing hearing of a defendant convicted of an offense involving possession, manufacture, or delivery of a controlled substance under Chapter 481, Health and Safety Code, to be held at a secondary school if: (1) the judge determines that the sentencing hearing would have educational value to students due to the nature of the offense and its consequences; (3) the school administration agrees; and. 722. Aug. 26, 1991; Sec. 1028), Sec. The duly accredited officer of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference. 900, Sec. Acts 2019, 86th Leg., R.S., Ch.

Art. (b) Failure to execute or foreclose the restitution lien does not cause dormancy of the lien. Sec. The court shall maintain the written election as a record of the court and provide a copy to the defendant. 2. (b) A judge who makes the affirmative finding described by this article shall make the determination and provide the notice required by Section 824.009(l), Government Code, as applicable.