Texas Code of Criminal Procedure

§ 42.09 — COMMENCEMENT OF SENTENCE; STATUS DURING APPEAL; PEN PACKET

CR § 42.09Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42. JUDGMENT AND SENTENCE

Statute text

Sec. 1. Except as provided in Sections 2 and 3, a defendant shall be delivered to a jail or to the Texas Department of Criminal Justice when his sentence is pronounced, or his sentence to death is announced, by the court. The defendant's sentence begins to run on the day it is pronounced, but with all credits, if any, allowed by Article 42.03. Sec. 2. If a defendant appeals his conviction and is released on bail pending disposition of his appeal, when his conviction is affirmed, the clerk of the trial court, on receipt of the mandate from the appellate court, shall issue a commitment against the defendant. The officer executing the commitment shall endorse thereon the date he takes the defendant into custody and the defendant's sentence begins to run from the date endorsed on the commitment. The Texas Department of Criminal Justice shall admit the defendant named in the commitment on the basis of the commitment. Sec. 3. If a defendant convicted of a felony is sentenced to death or to life in the Texas Department of Criminal Justice or is ineligible for release on bail pending appeal under Article 44.04(b) and gives notice of appeal, the defendant shall be transferred to the department on a commitment pending a mandate from the court of appeals or the Court of Criminal Appeals. Sec. 4. If a defendant is convicted of a felony, is eligible for release on bail pending appeal under Article 44.04(b), and gives notice of appeal, he shall be transferred to the Texas Department of Criminal Justice on a commitment pending a mandate from the Court of Appeals or the Court of Criminal Appeals upon request in open court or upon written request to the sentencing court. Upon a valid transfer to the department under this section, the defendant may not thereafter be released on bail pending his appeal. Sec. 5. If a defendant is transferred to the Texas Department of Criminal Justice pending appeal under Section 3 or 4, his sentence shall be computed as if no appeal had been taken if the appeal is affirmed. Sec. 6. All defendants who have been transferred to the Texas Department of Criminal Justice pending the appeal of their convictions under this article shall be under the control and authority of the department for all purposes as if no appeal were pending. 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), 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. Sec. 8. (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, 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;

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Legislative history

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 4.005, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 4, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.023, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.024, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 980 (H.B. 3671), Sec. 1, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 282 (H.B. 904), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.15, eff. January 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.16, eff. January 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.15, eff. January 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 1, eff. June 14, 2019. Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 4, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 1122 (H.B. 2620), Sec. 3, eff. June 18, 2023. Acts 2025, 89th Leg., R.S., Ch. 299 (S.B. 2938), Sec. 1, eff. September 1, 2025.