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Texas Code of Criminal Procedure - Article 42.03. Pronouncing Sentence; Time; Credit For Time Spent In Jail Between Arrest And Sentence Or Pending Appeal

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 42.03. Pronouncing Sentence; Time; Credit For Time Spent In Jail Between Arrest And Sentence Or Pending Appeal

Art. 42.03. [768] [855] [833] PRONOUNCING SENTENCE;  TIME;  
CREDIT FOR TIME SPENT IN JAIL BETWEEN ARREST AND SENTENCE OR PENDING 
APPEAL.  Sec. 1. (a) Except as provided in Article 42.14, sentence 
shall be pronounced in the defendant's presence.
	(b)  The court shall permit a victim, close relative of a 
deceased victim, or guardian of a victim, as defined by Article 
56.01 of this code, to appear in person to present to the court and 
to the defendant a statement of the person's views about the 
offense, the defendant, and the effect of the offense on the victim.  
The victim, relative, or guardian may not direct questions to the 
defendant while making the statement.  The court reporter may not 
transcribe the statement.  The statement must be made:
	(1)  after punishment has been assessed and the court has 
determined whether or not to grant community supervision in the 
case;
	(2)  after the court has announced the terms and conditions 
of the sentence;  and
	(3)  after sentence is pronounced.                                             
	Sec. 2. (a) In all criminal cases 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 in 
said cause, other than confinement served as a condition of 
community supervision, from the time of his arrest and confinement 
until his sentence by the trial court.
	(b)  In all revocations of a suspension of the imposition of 
a sentence the judge shall enter the restitution or reparation due 
and owing on the date of the revocation.
	Sec. 3. If 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.  The court shall endorse on both 
the commitment and the mandate from the appellate court all credit 
given the defendant under this section, and the institutional 
division of the Texas Department of Criminal Justice shall grant 
the credit in computing the defendant's eligibility for parole and 
discharge.
	Sec. 4. When a defendant who has been sentenced to 
imprisonment in the institutional division of 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.
	Secs. 5 and 6. Repealed by Acts 1989, 71st Leg., ch. 785, Sec. 
4.24, eff. Sept. 1, 1989.
	Secs. 7 to 8. Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 
5.03, eff. Sept. 1, 1993.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 
60th Leg., p. 1743, ch. 659, Sec. 28, eff. Aug. 28, 1967;  Acts 1973, 
63rd Leg., p. 205, ch. 91, Sec. 1, eff. Aug. 27, 1973;  Acts 1977, 
65th Leg., p. 1036, ch. 382, Sec. 1, eff. Aug. 29, 1977;  Acts 1977, 
65th Leg., p. 2076, ch. 827, Sec. 1, eff. Aug. 29, 1977.

Sec. 1 amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 113, 
eff. Sept. 1, 1981;  Sec. 2 amended by Acts 1981, 67th Leg., p. 353, 
ch. 141, Sec. 1, eff. Sept. 1, 1981;  Sec. 5 amended by Acts 1981, 
67th Leg., p. 2418, ch. 616, Sec. 1, eff. Aug. 31, 1981;  Sec. 5(a) 
amended by Acts 1983, 68th Leg., p. 4666, ch. 809, Sec. 1, eff. Aug. 
29, 1983;  Sec. 6 added by Acts 1983, 68th Leg., p. 3792, ch. 586, 
Sec. 4, eff. Aug. 29, 1983;  Sec. 5(b), (d) amended by Acts 1985, 
69th Leg., ch. 232, Sec. 13, eff. Sept. 1, 1985;  Sec. 4 amended by 
Acts 1989, 71st Leg., ch. 785, Sec. 4.06, eff. June 15, 1989;  Sec. 7 
added by Acts 1989, 71st Leg., ch. 848, Sec. 1, eff. June 14, 1989;  
Acts 1989, 71st Leg., ch. 1040, Sec. 1, eff. Aug. 28, 1989;  Sec. 8 
added by Acts 1989, 71st Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1989;  
Sec. 1 amended by Acts 1991, 72nd Leg., ch. 278, Sec. 1, eff. June 5, 
1991;  Sec. 2(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, 
Sec. 14.01, eff. Oct. 1, 1991;  Sec. 7(a), (b), (d) amended by Acts 
1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.02, eff. Oct. 1, 1991;  
Sec. 7A amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.05, eff. 
Aug. 26, 1991;  Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.03, 
eff. Oct. 1, 1991;  Sec. 8(a) amended by Acts 1991, 72nd Leg., 2nd 
C.S., ch. 10, Sec. 14.04, eff. Oct. 1, 1991;  Sec. 8(f) added by Acts 
1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 8.02, eff. Dec. 1, 1991;  
Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.03, eff. Oct. 1, 
1991;  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. 
Sept. 1, 1993;  Sec. 1(b) amended by Acts 1995, 74th Leg., ch. 556, 
Sec. 1, eff. Sept. 1, 1995;  Sec. 8(g) repealed by Acts 2003, 78th 
Leg., ch. 406, Sec. 2, eff. Sept. 1, 2003.

Last modified: August 11, 2007