Since I wrote this article I have received many calls inquiring about this method of punishment.   However, I rarely see it.   It is still in the code of criminal procedure, however the statute number was CHANGED AS SET FORTH BELOW:

Here is the UPDATED law from the Texas Code of Criminal Procedure:

ART. 42A.201.  CONTINUING JURISDICTION IN MISDEMEANOR CASES.  (A)  FOR THE PURPOSES OF THIS ARTICLE, THE JURISDICTION OF THE COURTS IN THIS STATE IN WHICH A SENTENCE REQUIRING CONFINEMENT IN A JAIL IS IMPOSED FOR CONVICTION OF A MISDEMEANOR CONTINUES FOR 180 DAYS FROM THE DATE THE EXECUTION OF THE SENTENCE ACTUALLY BEGINS.

(B)  THE JUDGE OF A COURT THAT IMPOSED A SENTENCE REQUIRING CONFINEMENT IN A JAIL FOR CONVICTION OF A MISDEMEANOR MAY, ON THE JUDGE’S OWN MOTION, ON THE MOTION OF THE ATTORNEY REPRESENTING THE STATE, OR ON THE WRITTEN MOTION OF THE DEFENDANT, SUSPEND FURTHER EXECUTION OF THE SENTENCE AND PLACE THE DEFENDANT ON  COMMUNITY SUPERVISION  UNDER THE TERMS AND CONDITIONS OF THIS CHAPTER IF, IN THE OPINION OF THE JUDGE, THE DEFENDANT WOULD NOT BENEFIT FROM FURTHER CONFINEMENT.

(C)  WHEN THE DEFENDANT FILES A WRITTEN MOTION WITH THE COURT REQUESTING SUSPENSION OF FURTHER EXECUTION OF THE SENTENCE AND PLACEMENT ON COMMUNITY SUPERVISION OR WHEN REQUESTED TO DO SO BY THE JUDGE, THE CLERK OF THE COURT SHALL REQUEST A COPY OF THE DEFENDANT’S RECORD WHILE CONFINED FROM THE AGENCY OPERATING THE JAIL IN WHICH THE DEFENDANT IS CONFINED.  ON RECEIPT OF THE REQUEST, THE AGENCY SHALL FORWARD A COPY OF THE RECORD TO THE COURT AS SOON AS POSSIBLE.

(D)  THE JUDGE MAY DENY THE MOTION WITHOUT HOLDING A HEARING BUT MAY NOT GRANT A MOTION WITHOUT HOLDING A HEARING AND ALLOWING THE ATTORNEY REPRESENTING THE STATE AND THE DEFENDANT TO PRESENT EVIDENCE IN THE CASE.

ADDED BY ACTS 2015, 84TH LEG., R.S., CH. 770 (H.B. 2299), SEC. 1.01, EFF. JANUARY 1, 2017.

ART. 42A.202.  CONTINUING JURISDICTION IN FELONY CASES.  (A)  FOR THE PURPOSES OF THIS ARTICLE, THE JURISDICTION OF A COURT IMPOSING A SENTENCE REQUIRING IMPRISONMENT IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE FOR AN OFFENSE OTHER THAN A STATE JAIL FELONY CONTINUES FOR 180 DAYS FROM THE DATE THE EXECUTION OF THE SENTENCE ACTUALLY BEGINS.

(B)  BEFORE THE EXPIRATION OF THE 180-DAY PERIOD DESCRIBED BY SUBSECTION (A), THE JUDGE OF THE COURT THAT IMPOSED THE SENTENCE DESCRIBED BY THAT SUBSECTION MAY, ON THE JUDGE’S OWN MOTION, ON THE MOTION OF THE ATTORNEY REPRESENTING THE STATE, OR ON THE WRITTEN MOTION OF THE DEFENDANT, SUSPEND FURTHER EXECUTION OF THE SENTENCE AND PLACE THE DEFENDANT ON  COMMUNITY SUPERVISION  UNDER THE TERMS AND CONDITIONS OF THIS CHAPTER IF:

(1)  IN THE OPINION OF THE JUDGE, THE DEFENDANT WOULD NOT BENEFIT FROM FURTHER IMPRISONMENT;

(2)  THE DEFENDANT IS OTHERWISE ELIGIBLE FOR COMMUNITY SUPERVISION UNDER THIS CHAPTER; AND

(3)  THE DEFENDANT HAD NEVER BEFORE BEEN INCARCERATED IN A PENITENTIARY SERVING A SENTENCE FOR A FELONY.

(C)  WHEN THE DEFENDANT FILES A WRITTEN MOTION REQUESTING THE JUDGE TO SUSPEND FURTHER EXECUTION OF THE SENTENCE AND PLACE THE DEFENDANT ON COMMUNITY SUPERVISION, THE DEFENDANT SHALL IMMEDIATELY DELIVER OR CAUSE TO BE DELIVERED A COPY OF THE MOTION TO THE OFFICE OF THE ATTORNEY REPRESENTING THE STATE.

(D)  WHEN THE DEFENDANT OR THE ATTORNEY REPRESENTING THE STATE FILES A WRITTEN MOTION REQUESTING THE JUDGE TO SUSPEND FURTHER EXECUTION OF THE SENTENCE AND PLACE THE DEFENDANT ON  COMMUNITY SUPERVISION , AND WHEN REQUESTED TO DO SO BY THE JUDGE, THE CLERK OF THE COURT SHALL REQUEST A COPY OF THE DEFENDANT’S RECORD WHILE IMPRISONED FROM THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE OR, IF THE DEFENDANT IS CONFINED IN COUNTY JAIL, FROM THE SHERIFF.  ON RECEIPT OF THE REQUEST, THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE OR THE SHERIFF SHALL FORWARD A COPY OF THE RECORD TO THE JUDGE AS SOON AS POSSIBLE.

(E)  THE JUDGE MAY DENY THE MOTION WITHOUT HOLDING A HEARING BUT MAY NOT GRANT THE MOTION WITHOUT HOLDING A HEARING AND PROVIDING THE ATTORNEY REPRESENTING THE STATE AND THE DEFENDANT THE OPPORTUNITY TO PRESENT EVIDENCE ON THE MOTION.

ADDED BY ACTS 2015, 84TH LEG., R.S., CH. 770 (H.B. 2299), SEC. 1.01, EFF. JANUARY 1, 2017.

ART. 42A.203.  AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN FELONY CASES.  (A)  EXCEPT AS OTHERWISE PROVIDED BY SUBSECTION (B), ONLY THE JUDGE WHO ORIGINALLY SENTENCED THE DEFENDANT MAY SUSPEND EXECUTION OF THE SENTENCE AND PLACE THE DEFENDANT ON COMMUNITY SUPERVISION UNDER ARTICLE 42A.202.

(B)  IF THE JUDGE WHO ORIGINALLY SENTENCED THE DEFENDANT IS DECEASED OR DISABLED OR THE OFFICE IS VACANT, AND IF A MOTION IS FILED IN ACCORDANCE WITH ARTICLE 42A.202, THE CLERK OF THE COURT SHALL PROMPTLY FORWARD A COPY OF THE MOTION TO THE PRESIDING JUDGE OF THE ADMINISTRATIVE JUDICIAL DISTRICT FOR THAT COURT.  THE PRESIDING JUDGE MAY DENY THE MOTION WITHOUT HOLDING A HEARING OR MAY APPOINT A JUDGE TO HOLD A HEARING ON THE MOTION.

ADDED BY ACTS 2015, 84TH LEG., R.S., CH. 770 (H.B. 2299), SEC. 1.01, EFF. JANUARY 1, 2017.

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