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Texas Statutes

Chapter 42

Judgment and Sentence

42.01Judgment 3The provisions of this article shall apply to both felony and misdemeanor cases 4The Office of Court Administration of the Texas Judicial System shall promulgate a standardized felony judgment form that conforms to the requirements of Section 1 of this article 5In addition to the information described by Section 1 of this article, the judgment should reflect affirmative findings entered pursuant to Article 42.013 of this code 6In addition to the information described by Section 1 of this article, the judgment should reflect affirmative findings entered pursuant to Article 42.014 of this code 7In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.015 8In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.017 9In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.0197 10In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.0198 11In addition to the information described by Section 1, the judgment should reflect whether a victim impact statement was returned to the attorney representing the state pursuant to Article 56A.157(a)12In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.0192 17In addition to the information described by Section 1, the judgment must reflect affirmative findings entered pursuant to Article 42.0195 17In addition to the information described by Section 1, the judgment must reflect the affirmative finding entered pursuant to Article 42.01992 42.011Judgment Affecting an Officer or Jailer 42.012Finding That Controlled Substance Used to Commit Offense 42.013Finding of Family Violence 42.0131Required Notice for Persons Convicted of Misdemeanors Involving Family Violence 42.014Finding That Offense Was Committed Because of Bias or Prejudice 42.015Finding of Age of Victim 42.016SPECIAL DRIVER'S LICENSE OR IDENTIFICATION REQUIREMENTS FOR CERTAIN SEX OFFENDERS 42.017Finding Regarding Age-based Offense 42.0175Finding Regarding Certain Health Care Professionals; Notification 42.018Notice Provided by Clerk of Court 42.0181Notice of Theft, Fraud, Money Laundering, or Insurance Fraud Provided by Clerk of Court 42.0182Findings Regarding Tax Fraud 42.0183Notice of Family Violence Offenses Provided by Clerk of Court 42.019Motor Fuel Theft 42.0191Finding Regarding Victims of Trafficking or Other Abuse 42.0192Finding Regarding Offense Related to Performance of Public Service 42.0193Finding Regarding Offense Related to Conduct of Certain Corrections Employees 42.0194Finding Regarding Felony Conviction 42.0195Finding Regarding Failure to Appear 42.0196Finding Regarding Offense Related to Performance of Public Service 42.0197Finding Regarding Gang-related Conduct 42.0198Finding Regarding Delay in Arrest of Defendant 42.0199Finding Regarding Diligent Participation Credit 42.01992Finding Regarding Use of Metal or Body Armor 42.02Sentence 42.023Judge May Consider Alternative Sentencing 42.025Sentencing Hearing at Secondary School 42.03Pronouncing Sentence; Time; Credit for Time Spent in Jail Between Arrest and Sentence or Pending Appeal 3If 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 4When 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 5Except 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:42.031Work Release Program 1(a) The sheriff of each county may attempt to secure employment for each defendant sentenced to the county jail work release program under Article 42.034 and each defendant confined in the county jail awaiting transfer to the Texas Department of Criminal Justice 2A defendant participating in a program under this article shall be confined in the county jail or in another facility designated by the sheriff at all times except for:3(a) The sheriff of each county shall classify each felon serving a sentence in the county jail work release program for the purpose of awarding good conduct time credit in the same manner as inmates of the Texas Department of Criminal Justice are classified under Chapter 498, Government Code, and shall award good conduct time in the same manner as the director of the department does in that chapter 42.032Good Conduct 1To encourage county jail discipline, a distinction may be made to give orderly, industrious, and obedient defendants the comforts and privileges they deserve 2The sheriff in charge of each county jail may grant commutation of time for good conduct, industry, and obedience 3This article applies whether or not the judgment of conviction is a fine or jail sentence or both, but the deduction in time may not exceed one-third of the original sentence as to fines and court costs assessed in the judgment of conviction 4A defendant serving two or more cumulative sentences shall be allowed commutation as if the sentences were one sentence 5Any part or all of the commutation accrued under this article may be forfeited and taken away by the sheriff:7The sheriff shall keep a conduct record in card or ledger form and a calendar card on each defendant showing all forfeitures of commutation time and the reasons for the forfeitures 42.033Sentence to Serve Time During Off-work Hours 42.034County Jail Work Release Program 42.035Electronic Monitoring; House Arrest 42.036Community Service 42.037Restitution 42.0371Mandatory Restitution for Kidnapped or Abducted Children 42.0372Mandatory Restitution for Victims of Trafficking of Persons or Prostitution Related Offenses 42.0373Mandatory Restitution for Child Witness of Family Violence 42.0375Mandatory Restitution for Child of Victim of Intoxication Manslaughter 42.0376Restitution for Real Property Theft 42.038Reimbursement for Confinement Expenses 42.039Completion of Sentence in Federal Custody 42.04Sentence When Appeal Is Taken 42.04aIssuance of Mandate; Judgments Final 42.05If Court Is About to Adjourn 42.06Sentence Nunc Pro Tunc 42.07Reasons to Prevent Sentence 42.08Cumulative or Concurrent Sentence 42.09Commencement of Sentence; Status During Appeal; Pen Packet 1Except 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 2If 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 3If 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 4If 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 5If 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 6All 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 7If 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 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:9A county that transfers a defendant to the Texas Department of Criminal Justice under this article may deliver to an officer designated by the department a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit brought by the inmate while the inmate was confined in the county jail awaiting transfer to the department following conviction of a felony or revocation of community supervision, parole, or mandatory supervision 42.10Satisfaction of Judgment as in Misdemeanor Convictions 42.111Deferral of Proceedings in Cases Appealed to County Court 42.122[Adult Probation Officers of the 222Nd Judicial District; Salary and Allowances ]42.14In Absence of Defendant 42.141Battering Intervention and Prevention Program 1Definitions 2Establishment 3Duties of the Division 4Duties of the Nonprofit Organization 4AAdoption of Program Guidelines; Accreditation Process 5Programs 6Community Educational Campaign 7Use of Legislative Appropriation 8Contract Date 42.15Fines and Costs 42.151FEES FOR ABUSED CHILDREN'S COUNSELING 42.152Repayment of Reward 42.16On Other Judgment 42.17Transfer under Treaty 42.19Interstate Corrections Compact XConstruction and Severability