Section 42.03 - Pronouncing Sentence; Time; Credit for Time Spent In Jail Between Arrest and Sentence or Pending AppealSec. 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: (1) in jail for the case, including confinement served as described by Article 46B.009 and excluding confinement served as a condition of community supervision, from the time of his arrest and confinement until his sentence by the trial court;(2) in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code, or another court-ordered residential program or facility as a condition of deferred adjudication community supervision granted in the case if the defendant successfully completes the treatment program at that facility; or(3) confined in a mental health facility or residential care facility as described by Article 46B.009.(b) In all revocations of a suspension of the imposition of a sentence the judge shall enter the restitution due and owing on the date of the revocation.Sec. 3. If a defendant appeals his conviction, is not released on bail, and is retained in a jail as provided in Section 7, Article 42.09, pending his appeal, the judge of the court in which the defendant was convicted shall give the defendant credit on his sentence for the time that the defendant has spent in jail pending disposition of his appeal. The court shall endorse on both the commitment and the mandate from the appellate court all credit given the defendant under this section, and the Texas Department of Criminal Justice shall grant the credit in computing the defendant's eligibility for parole and discharge.Sec. 4. When a defendant who has been sentenced to imprisonment in the Texas Department of Criminal Justice has spent time in jail pending trial and sentence or pending appeal, the judge of the sentencing court shall direct the sheriff to attach to the commitment papers a statement assessing the defendant's conduct while in jail.Sec. 5. Except as otherwise provided by Article 42A.106(b), the court after pronouncing the sentence shall inform the defendant of the defendant's right to petition the court for an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, Government Code, unless the defendant is ineligible to pursue that right because of the requirements that apply to obtaining the order in the defendant's circumstances, such as:(1) the nature of the offense for which the defendant is convicted; or(2) the defendant's criminal history.Tex. Code Crim. Proc. § 42.03
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. TBD,Sec. 2.13, eff. 1/1/2021.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 437,Sec. 1, eff. 9/1/2019.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 324,Sec. 23.002, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 770,Sec. 2.12, eff. 1/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1279,Sec. 15, eff. 9/1/2015.Amended by Acts 2011, 82nd Leg., R.S., Ch. 718, Sec. 1, eff. 9/1/2011.Amended by Acts 2011, 82nd Leg., R.S., Ch. 822, Sec. 1, eff. 9/1/2011.Amended by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.018, eff. 9/1/2009.Amended by Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 1, eff. 9/1/2007.Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. 9/1/1993; Sec. 1(b) amended by Acts 1995, 74th Leg., ch. 556, Sec. 1, eff. 9/1/1995; Sec. 8(g) repealed by Acts 2003, 78th Leg., ch. 406, Sec. 2, eff. 9/1/2003.Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.03, eff. 10/1/1991; Sec. 8(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.04, eff. 10/1/1991; Sec. 8(f) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 8.02, eff. 12/1/1991Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.03, eff. 10/1/1991;Amended by Acts 1989, 71st Leg., ch. 1040, Sec. 1, eff. 8/28/1989; Sec. 8 added by Acts 1989, 71st Leg., ch. 1040, Sec. 2, eff. 8/28/1989; Sec. 1 amended by Acts 1991, 72nd Leg., ch. 278, Sec. 1, eff. 6/5/1991; Sec. 2(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.01, eff. 10/1/1991; Sec. 7(a), (b), (d) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.02, eff. 10/1/1991; Sec. 7A amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.05, eff. 8/26/1991Amended by Acts 1977, 65th Leg., p. 1036, ch. 382, Sec. 1, eff. 8/29/1977Amended by Acts 1977, 65th Leg., p. 2076, ch. 827, Sec. 1, eff. 8/29/1977. Sec. 1 amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 113, eff. 9/1/1981; Sec. 2 amended by Acts 1981, 67th Leg., p. 353, ch. 141, Sec. 1, eff. 9/1/1981; Sec. 5 amended by Acts 1981, 67th Leg., p. 2418, ch. 616, Sec. 1, eff. 8/31/1981; Sec. 5(a) amended by Acts 1983, 68th Leg., p. 4666, ch. 809, Sec. 1, eff. 8/29/1983; Sec. 6 added by Acts 1983, 68th Leg., p. 3792, ch. 586, Sec. 4, eff. 8/29/1983; Sec. 5(b), (d) amended by Acts 1985, 69th Leg., ch. 232, Sec. 13, eff. 9/1/1985; Sec. 4 amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.06, eff. 6/15/1989; Sec. 7 added by Acts 1989, 71st Leg., ch. 848, Sec. 1, eff. 6/14/1989Amended by Acts 1973, 63rd Leg., p. 205, ch. 91, Sec. 1, eff. 8/27/1973Amended by Acts 1967, 60th Leg., p. 1743, ch. 659, Sec. 28, eff. 8/28/1967Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.