1. (a) A court granting community supervision to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 shall require as a term of community supervision that the defendant:

   1. (1) serve a term of not more than one year imprisonment in the Texas Department of Criminal Justice if the offense is a felony other than an offense under Section 19.02, Penal Code; or
   2. (2) serve a term of not more than 90 days confinement in jail if the offense is a misdemeanor.

2. (b) The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 if:

   1. (1) the offense for which the court has made the affirmative finding is an offense under Section 19.02, Penal Code; or
   2. (2) the defendant has been previously convicted of an offense for which the court made an affirmative finding under Article 42.014.

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