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We have a sudden flurry of requests for early release from probation for state jail felonies. Just want to make certain the former prohibition contained in sec. 20(b) of art. 42.12, which is repealed effective 9-1-07, means the court now has jurisdiction to grant release (regardless of the offense date).
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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SECTION 10. (a) Except as provided by Subsection (b) of this section, the change in law made by this Act applies only to a defendant initially placed on community supervision on or after the effective date of this Act. A defendant initially placed on community supervision before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2007.

So, the motions for early termination would seem a bit premature and inapplicable.

The decision to make the change prospective only was quite intentional. Two years ago, when it was retroactive (then vetoed), the bill summary predicated that over 50,000 felons would be released from supervision. Egads! Back to the drawing board.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    HB 1678 (Early Release State Jail Felony)

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