Tex. Code of Crim. Proc. Article 42A.054
Limitation on Judge-ordered Community Supervision


(a)

Article 42A.053 does not apply to a defendant adjudged guilty of an offense under:

(1)

Section 15.03 (Criminal Solicitation), Penal Code, if the offense is punishable as a felony of the first degree;

(2)

Section 19.02 (Murder), Penal Code (Murder);

(3)

Section 19.03 (Capital Murder), Penal Code (Capital Murder);

(4)

Section 20.04 (Aggravated Kidnapping), Penal Code (Aggravated Kidnapping);

(5)

Section 20A.02 (Trafficking of Persons), Penal Code (Trafficking of Persons);

(6)

Section 20A.03 (Continuous Trafficking of Persons), Penal Code (Continuous Trafficking of Persons);

(7)

Section 21.11 (Indecency with a Child), Penal Code (Indecency with a Child);

(8)

Section 22.011 (Sexual Assault), Penal Code (Sexual Assault);

(9)

Section 22.021 (Aggravated Sexual Assault), Penal Code (Aggravated Sexual Assault);

(10)

Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual)(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if:

(A)

the offense is punishable as a felony of the first degree; and

(B)

the victim of the offense is a child;

(11)

Section 29.03 (Aggravated Robbery), Penal Code (Aggravated Robbery);

(12)

Section 30.02 (Burglary), Penal Code (Burglary), if:

(A)

the offense is punishable under Subsection (d) of that section; and

(B)

the actor committed the offense with the intent to commit a felony under Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 21.11 (Indecency with a Child), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), or 25.02 (Prohibited Sexual Conduct), Penal Code;

(13)

Section 43.04 (Aggravated Promotion of Prostitution), Penal Code (Aggravated Promotion of Prostitution);

(14)

Section 43.05 (Compelling Prostitution), Penal Code (Compelling Prostitution);

(15)

Section 43.25 (Sexual Performance by a Child), Penal Code (Sexual Performance by a Child);

(16)

Section 43.26 (Possession or Promotion of Child Pornography), Penal Code (Possession or Promotion of Child Pornography);

(17)

Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, for which punishment is increased under:

(A)

Section 481.140 of that code (Use of Child in Commission of Offense); or

(B)

Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections; or

(18)

Section 481.1123, Health and Safety Code (Manufacture or Delivery of Substance in Penalty Group 1-B), if the offense is punishable under Subsection (d), (e), or (f) of that section.

(b)

Article 42A.053 does not apply to a defendant when it is shown that:

(1)

a deadly weapon as defined by Section 1.07 (Definitions), Penal Code, was used or exhibited during the:

(A)

commission of a felony offense; or

(B)

immediate flight from the commission of a felony offense; and

(2)

the defendant:

(A)

used or exhibited the deadly weapon; or

(B)

was a party to the offense and knew that a deadly weapon would be used or exhibited.

(c)

On an affirmative finding regarding the use or exhibition of a deadly weapon as described by Subsection (b), the trial court shall enter the finding in the judgment of the court.

(d)

On an affirmative finding that the deadly weapon under Subsection (c) was a firearm, the court shall enter that finding in its judgment.

(e)

Notwithstanding Subsection (a), with respect to an offense committed by a defendant under Section 43.04 (Aggravated Promotion of Prostitution) or 43.05 (Compelling Prostitution), Penal Code, a judge may place the defendant on community supervision as permitted by Article 42A.053 if the judge makes a finding that the defendant committed the offense solely as a victim of an offense under Section 20A.02 (Trafficking of Persons), 20A.03 (Continuous Trafficking of Persons), 43.03 (Promotion of Prostitution), 43.04 (Aggravated Promotion of Prostitution), or 43.05 (Compelling Prostitution), Penal Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1137 (H.B. 2758), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 13, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1115 (H.B. 1227), Sec. 1, eff. September 1, 2023.

Source: Article 42A.054 — Limitation on Judge-ordered Community Supervision, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42A.­htm#42A.­054 (accessed Nov. 25, 2023).

42A.001
Definitions
42A.002
Reference in Law
42A.051
Authority to Grant Community Supervision, Impose or Modify Conditions, or Discharge Defendant
42A.052
Modification of Conditions by Supervision Officer or Magistrate
42A.054
Limitation on Judge-ordered Community Supervision
42A.055
Jury-recommended Community Supervision
42A.056
Limitation on Jury-recommended Community Supervision
42A.057
Minimum Period of Community Supervision for Certain Burglaries of Vehicles
42A.058
Information Provided to Defendant Placed on Community Supervision
42A.102
Eligibility for Deferred Adjudication Community Supervision
42A.105
Affirmative Findings
42A.107
Request for Final Adjudication
42A.109
Due Diligence Defense
42A.110
Proceedings After Adjudication
42A.151
Transfer of Jurisdiction
42A.152
Issuance of Warrant by Court Having Geographical Jurisdiction
42A.153
Change of Residence Within the State
42A.154
Leaving the State
42A.201
Continuing Jurisdiction in Misdemeanor Cases
42A.202
Continuing Jurisdiction in Felony Cases
42A.203
Authority to Suspend Execution of Sentence in Felony Cases
42A.204
Partial Execution of Sentence: Firearm Used or Exhibited
42A.251
Definitions
42A.252
Presentence Report Required
42A.253
Contents of Presentence Report
42A.254
Inspection by Judge
42A.255
Inspection and Comment by Defendant
42A.256
Release of Information to Supervision Officer
42A.257
Evaluation for Purposes of Alcohol or Drug Rehabilitation
42A.258
Evaluation for Purposes of Sex Offender Treatment, Specialized Supervision, or Rehabilitation
42A.259
Postsentence Report
42A.301
Basic Discretionary Conditions
42A.302
Confinement
42A.303
Substance Abuse Felony Program
42A.304
Community Service
42A.305
Community Outreach
42A.306
Supervision of Defendant from out of State
42A.307
Orchiectomy Prohibited
42A.351
Educational Skill Level
42A.352
Dna Sample
42A.381
Veterans Reemployment Program
42A.382
Eligibility
42A.383
Education and Training Courses
42A.384
Completion of Program
42A.385
Extended Period Allowed for Completion of Program
42A.386
Failure to Complete Program
42A.401
Confinement as Condition of Community Supervision for Certain Intoxication Offenses
42A.402
Drug or Alcohol Dependence Evaluation and Rehabilitation
42A.404
Educational Program for Certain Repeat Intoxication Offenses
42A.406
Effect of Educational Program Requirements on Driving Record and License
42A.407
Suspension of Driver’s License
42A.408
Use of Ignition Interlock Device
42A.409
Community Supervision for Enhanced Public Intoxication Offense
42A.451
Sex Offender Registration
42A.452
Treatment, Specialized Supervision, or Rehabilitation
42A.453
Child Safety Zone
42A.454
Certain Internet Activity Prohibited
42A.455
Payment to Children’s Advocacy Center
42A.501
Community Supervision for Offense Committed Because of Bias or Prejudice
42A.502
Community Supervision for Certain Violent Offenses
42A.503
Community Supervision for Certain Child Abuse Offenses
42A.504
Community Supervision for Certain Offenses Involving Family Violence
42A.505
Community Supervision for Stalking Offense
42A.506
Community Supervision for Defendant with Mental Impairment
42A.507
Community Supervision for Certain Defendants Identified as Members of Criminal Street Gangs
42A.508
Community Supervision for Certain Organized Crime Offenses
42A.509
Community Supervision for Graffiti Offense
42A.510
Community Supervision for Enhanced Disorderly Conduct Offense
42A.512
Community Supervision for Electronic Transmission of Certain Visual Material
42A.513
Community Supervision for Making Firearm Accessible to Child
42A.514
Community Supervision for Certain Alcohol or Drug Related Offenses
42A.515
Community Supervision for Certain Prostitution Offenses
42A.516
Community Supervision for Leaving Scene of Motor Vehicle Collision Resulting in Death of Person
42A.517
Community Supervision for Certain Offenses Involving Obstruction of Highway or Other Passageway
42A.551
Placement on Community Supervision
42A.552
Review of Presentence Report
42A.553
Minimum and Maximum Periods of Community Supervision
42A.554
Conditions of Community Supervision
42A.555
Confinement as a Condition of Community Supervision
42A.556
Sanctions Imposed on Modification of Community Supervision
42A.557
Report by Director of Facility
42A.558
Revocation
42A.559
Credits for Time Served
42A.560
Medical Release
42A.561
Medical Release
42A.601
Definition
42A.602
Maximum Term or Terms of Confinement
42A.603
Effect of Revocation on Credit for Time Spent in Facility
42A.604
Evaluation of Defendant’s Behavior and Attitude
42A.605
Placement in Community Service Project
42A.606
Confinement Required
42A.607
Disposition of Salary
42A.652
Monthly Reimbursement Fee
42A.653
Additional Monthly Fine for Certain Sex Offenders
42A.654
Fees Due on Conviction
42A.655
Ability to Pay
42A.701
Reduction or Termination of Community Supervision Period
42A.751
Violation of Conditions of Community Supervision
42A.752
Continuation or Modification of Community Supervision After Violation
42A.753
Extension of Community Supervision After Violation
42A.754
Authority to Revoke Community Supervision
42A.755
Revocation of Community Supervision
42A.756
Due Diligence Defense
42A.4045
Alternative to Educational Program: Substance Abuse Treatment Facility

Accessed:
Nov. 25, 2023

Art. 42A.054’s source at texas​.gov