Bill Text: TX HB4566 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-13 - Referred to Criminal Justice [HB4566 Detail]

Download: Texas-2019-HB4566-Engrossed.html
  86R11701 JRR-D
 
  By: Allen, White H.B. No. 4566
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the award of diligent participation credit to
  defendants confined in a state jail felony facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 42A.559(b), (f), and (h), Code of
  Criminal Procedure, are amended to read as follows:
         (b)  A defendant confined in a state jail felony facility
  does not earn good conduct time for time served in the facility but
  shall [may] be awarded diligent participation credit in accordance
  with Subsection (f) [or (g)].
         (f)  The [For a defendant with a judgment that contains a
  finding under Article 42.0199 that the defendant is presumptively
  entitled to diligent participation credit and who has not been the
  subject of disciplinary action while confined in the state jail
  felony facility, the] department shall credit against any time the
  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.
         (h)  A time credit under Subsection (f) [or (g)] 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 Subsection (f) [or (g)] for any period during
  which the defendant is subject to disciplinary status.  A time
  credit under Subsection (f) [or (g)] is a privilege and not a right.
         SECTION 2.  The following provisions of the Code of Criminal
  Procedure are repealed:
               (1)  Article 42.0199; and
               (2)  Article 42A.559(g).
         SECTION 3.  The change in law made by this Act applies only
  to a person confined in a state jail felony facility for an offense
  committed on or after the effective date of this Act. A person
  confined in a state jail felony facility for an offense committed
  before the effective date of this Act is governed by the law in
  effect when the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2019.
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