HBA-JLV, EDN H.B. 839 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 839
By: Hinojosa
Criminal Jurisprudence
3/12/2001
Introduced



BACKGROUND AND PURPOSE 

After the conviction or the acceptance of a plea of guilty or nolo
contendere, a judge is authorized to suspend the imposition of a sentence
and place a defendant on community supervision.  The lengths and conditions
of community supervision vary from case to case.  Revocation of a
defendant's community supervision occurs when a condition is violated.  If
revoked during the probationary period and depending on the ruling of the
court, the person can be imprisoned to the maximum term, even if the
person's probationary period is nearly at an end.  Under current law, there
are no provisions that allow for the time on probation to be credited
towards imprisonment terms if the person's community supervision is
revoked. House Bill 839 requires the court to consider the time spent on
community supervision as credit for time served against sentences after
revocation of community supervision. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 839 amends the Code of Criminal Procedure to require the court
to consider the time that the defendant was on community supervision as
time served if the community supervision has been revoked for a violation
of any of the conditions of the supervision.    

EFFECTIVE DATE

September 1, 2001.