Texas Code of Criminal Procedure

§ 42A.202 — CONTINUING JURISDICTION IN FELONY CASES

CR § 42A.202Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. E. PARTIAL EXECUTION OF SENTENCE; CONTINUING JURISDICTION

Statute text

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(a)For the purposes of this article, the jurisdiction of a court imposing a sentence requiring imprisonment in the Texas Department of Criminal Justice for an offense other than a state jail felony continues for 180 days from the date the execution of the sentence actually begins.

(b)Before the expiration of the 180-day period described by Subsection (a), the judge of the court that imposed the sentence described by that subsection may, on the judge's own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this chapter if:

(1)in the opinion of the judge, the defendant would not benefit from further imprisonment;

(2)the defendant is otherwise eligible for community supervision under this chapter; and

(3)the defendant had never before been incarcerated in a penitentiary serving a sentence for a felony.

(c)When the defendant files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, the defendant shall immediately deliver or cause to be delivered a copy of the motion to the office of the attorney representing the state.

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Legislative history

Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.