Tex. Code Crim. Proc. art. 42A.053

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 42A.053 - Judge-Ordered Community Supervision
(a) A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may:
(1) suspend the imposition of the sentence and place the defendant on community supervision; or
(2) impose a fine applicable to the offense and place the defendant on community supervision.
(b) A judge may not deny community supervision to a defendant based solely on the defendant's inability to speak, read, write, hear, or understand English.
(c) A defendant is not eligible for community supervision under this article if the defendant is sentenced to serve:
(1) a term of imprisonment that exceeds 10 years; or
(2) a term of confinement under Section 12.35, Penal Code.
(d) In a felony case:
(1) the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense; and
(2) the maximum period of community supervision is:
(A) 10 years, for a felony other than a third degree felony described by Paragraph (B); and
(B) five years, for any of the following third degree felonies:
(i) a third degree felony under Title 7, Penal Code; and
(ii) a third degree felony under Chapter 481, Health and Safety Code.
(e) Notwithstanding Subsection (d), the minimum period of community supervision under this article for a felony described by Article 42A.453(b) is five years.
(f) The maximum period of community supervision in a misdemeanor case is two years.
(g) Notwithstanding Subsection (d)(2) or (f), a judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757.

Tex. Code Crim. Proc. § 42A.053

Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 770,Sec. 1.01, eff. 1/1/2017.