Texas Code of Criminal Procedure

§ 42.03 — PRONOUNCING SENTENCE; TIME; CREDIT FOR TIME SPENT IN JAIL BETWEEN ARREST AND SENTENCE OR PENDING APPEAL

CR § 42.03Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42. JUDGMENT AND SENTENCE

Statute text

Sec. 1. (a) Except as provided in Article 42.14, sentence shall be pronounced in the defendant's presence.

(b)The court shall permit a victim, close relative of a deceased victim, or guardian of a victim, as defined by Article 56A.001, to appear in person to present to the court and to the defendant a statement of the person's views about the offense, the defendant, and the effect of the offense on the victim. The victim, relative, or guardian may not direct questions to the defendant while making the statement. The court reporter may not transcribe the statement. The statement must be made:

(1)after punishment has been assessed and the court has determined whether or not to grant community supervision in the case;

(2)after the court has announced the terms and conditions of the sentence; and

(3)after sentence is pronounced.

(c)The court may not impose a limit on the number of victims, close relatives, or guardians who may appear and present statements under Subsection (b) unless the court finds that additional statements would unreasonably delay the proceeding. Sec. 2. (a) In all criminal cases the judge of the court in which the defendant is convicted shall give the defendant credit on the defendant's sentence for the time that the defendant has spent:

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 1205 (H.B. 1678), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.018, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 718 (H.B. 748), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.12, eff. January 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 15, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.002, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 437 (S.B. 1268), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.13, eff. January 1, 2021.