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Texas Code of Criminal Procedure - Article 42.09. Commencement Of Sentence; Status During Appeal; Pen Packet

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 42.09. Commencement Of Sentence; Status During Appeal; Pen Packet

Art. 42.09. [775] COMMENCEMENT OF SENTENCE;  STATUS DURING 
APPEAL;  PEN PACKET.  Sec. 1. Except as provided in Sections 2 and 
3, a defendant shall be delivered to a jail or to the institutional 
division of the Texas Department of Criminal Justice when his 
sentence is pronounced, or his sentence to death is announced, by 
the court.  The defendant's sentence begins to run on the day it is 
pronounced, but with all credits, if any, allowed by Article 42.03.
	Sec. 2. If a defendant appeals his conviction and is released 
on bail pending disposition of his appeal, when his conviction is 
affirmed, the clerk of the trial court, on receipt of the mandate 
from the appellate court, shall issue a commitment against the 
defendant.  The officer executing the commitment shall endorse 
thereon the date he takes the defendant into custody and the 
defendant's sentence begins to run from the date endorsed on the 
commitment.  The institutional division of the Texas Department of 
Criminal Justice shall admit the defendant named in the commitment 
on the basis of the commitment.
	Sec. 3. If a defendant is convicted of a felony and sentenced 
to death, life, or a term of more than ten years in the 
institutional division of the Texas Department of Criminal Justice 
and he gives notice of appeal, he shall be transferred to the 
institutional division on a commitment pending a mandate from the 
court of appeals or the Court of Criminal Appeals.
	Sec. 4. If a defendant is convicted of a felony, is eligible 
for release on bail pending appeal under article 44.04(b), and 
gives notice of appeal, he shall be transferred to the 
Institutional Division of the Texas Department of Criminal Justice 
on a commitment pending a mandate from the Court of Appeals or the 
Court of Criminal Appeals upon request in open court or upon written 
request to the sentencing court.  Upon a valid transfer to the 
institutional division under this section, the defendant may not 
thereafter be released on bail pending his appeal.
	Sec. 5. If a defendant is transferred to the institutional 
division of the Texas Department of Criminal Justice pending appeal 
under Section 3 or 4, his sentence shall be computed as if no appeal 
had been taken if the appeal is affirmed.
	Sec. 6. All defendants who have been transferred to the 
institutional division of the Texas Department of Criminal Justice 
pending the appeal of their convictions under this article shall be 
under the control and authority of the institutional division for 
all purposes as if no appeal were pending.
	Sec. 7. If a defendant is sentenced to a term of imprisonment 
in the institutional division of the Texas Department of Criminal 
Justice but is not transferred to the institutional division under 
Section 3 or 4 of this article, the court, before the date on which 
it would lose jurisdiction under Section 6(a), Article 42.12, of 
this code, shall send to the department a document containing a 
statement of the date on which the defendant's sentence was 
pronounced and credits earned by the defendant under Article 42.03 
of this code as of the date of the statement.
	Sec. 8. (a) A county that transfers a defendant to the Texas 
Department of Criminal Justice under this article shall deliver to 
an officer designated by the department:
	(1)  a copy of the judgment entered pursuant to Article 42.01 
of this code, completed on a standardized felony judgment form 
described by Section 4 of that article;
	(2)  a copy of any order revoking community supervision and 
imposing sentence pursuant to Section 23, Article 42.12, of this 
code, including:
	(A)  any amounts owed for restitution, fines, and court 
costs, completed on a standardized felony judgment form described 
by Section 4, Article 42.01, of this code;  and
	(B)  a copy of the client supervision plan prepared for the 
defendant by the community supervision and corrections department 
supervising the defendant, if such a plan was prepared;
	(3)  a written report that states the nature and the 
seriousness of each offense and that states the citation to the 
provision or provisions of the Penal Code or other law under which 
the defendant was convicted;
	(4)  a copy of the victim impact statement, if one has been 
prepared in the case under Article 56.03 of this code;
	(5)  a statement as to whether there was a change in venue in 
the case and, if so, the names of the county prosecuting the offense 
and the county in which the case was tried;
	(6)  a copy of the record of arrest for each offense;                          
	(7)  if requested, information regarding the criminal 
history of the defendant, including the defendant's state 
identification number if the number has been issued;
	(8)  a copy of the indictment or information for each 
offense;               
	(9)  a checklist sent by the department to the county and 
completed by the county in a manner indicating that the documents 
required by this subsection and Subsection (c) of this section 
accompany the defendant;
	(10)  if prepared, a copy of a presentence or postsentence 
investigation report prepared under Section 9, Article 42.12 of 
this code;
	(11)  a copy of any detainer, issued by an agency of the 
federal government, that is in the possession of the county and that 
has been placed on the defendant;  and
	(12)  a written description of a hold or warrant, issued by 
any other jurisdiction, that the county is aware of and that has 
been placed on or issued for the defendant.
	(b)  The Texas Department of Criminal Justice shall not take 
a defendant into custody under this article until the designated 
officer receives the documents required by Subsections (a) and (c) 
of this section.  The designated officer shall certify under the 
seal of the department the documents received under Subsections (a) 
and (c) of this section.  A document certified under this subsection 
is self-authenticated for the purposes of Rules 901 and 902, Texas 
Rules of Evidence.
	(c)  A county that transfers a defendant to the Texas 
Department of Criminal Justice under this article shall also 
deliver to the designated officer any presentence or postsentence 
investigation report, revocation report, psychological or 
psychiatric evaluation of the defendant, including an evaluation 
prepared for the juvenile court before transferring the defendant 
to criminal court and contained in the criminal prosecutor's file, 
and available social or psychological background information 
relating to the defendant and may deliver to the designated officer 
any additional information upon which the judge or jury bases the 
punishment decision.
	(d)  The institutional division of the Texas Department of 
Criminal Justice shall make documents received under Subsections 
(a) and (c) available to the pardons and paroles division on the 
request of the pardons and paroles division and shall, on release of 
a defendant on parole or to mandatory supervision, immediately 
provide the pardons and paroles division with copies of documents 
received under Subsection (a).  The pardons and paroles division 
shall provide to the parole officer appointed to supervise the 
defendant a comprehensive summary of the information contained in 
the documents referenced in this section not later than the 14th day 
after the date of the defendant's release.  The summary shall 
include a current photograph of the defendant and a complete set of 
the defendant's fingerprints.  Upon written request from the county 
sheriff, the photograph and fingerprints shall be filed with the 
sheriff of the county to which the parolee is assigned if that 
county is not the county from which the parolee was sentenced.
	(e)  A county is not required to deliver separate documents 
containing information relating to citations to provisions of the 
Penal Code or other law and to changes of venue, as otherwise 
required by Subsections (a)(3) and (a)(5) of this article, if the 
standardized felony judgment form described by Section 4, Article 
42.01, of this code is modified to require that information.
	(f)  Except as provided by Subsection (g) of this section, 
the county sheriff is responsible for ensuring that documents and 
information required by this section accompany defendants 
sentenced by district courts in the county to the Texas Department 
of Criminal Justice.
	(g)  If the presiding judge of the administrative judicial 
region in which the county is located determines that the county 
sheriff is unable to perform the duties required by Subsection (f) 
of this section, the presiding judge may impose those duties on:
	(1)  the district clerk;  or                                                   
	(2)  the prosecutor of each district court in the county.                      
	(h)  If a parole panel releases on parole a person who is 
confined in a jail in this state, a federal correctional 
institution, or a correctional institution in another state, the 
Texas Department of Criminal Justice shall request the sheriff who 
would otherwise be required to transfer the person to the 
department to forward to the department the information described 
by Subsections (a) and (c) of this section.  The sheriff shall 
comply with the request of the department . The department shall 
determine whether the information forwarded by the sheriff under 
this subsection contains a thumbprint taken from the person in the 
manner provided by Article 38.33 of this code and, if not, the 
department shall obtain a thumbprint taken in the manner provided 
by that article and shall forward the thumbprint to the department 
for inclusion with the information sent by the sheriff.
	(i)  A county may deliver the documents required under 
Subsections (a) and (c) of this section to the Texas Department of 
Criminal Justice by electronic means.  For purposes of this 
subsection, "electronic means" means the transmission of data 
between word processors, data processors, or similar automated 
information equipment over dedicated cables, commercial lines, or 
other similar methods of transmission.
	(j)  If after a county transfers a defendant or inmate to the 
Texas Department of Criminal Justice the charges on which the 
defendant or inmate was convicted and for which the defendant or 
inmate was transferred are dismissed, the county shall immediately 
notify an officer designated by the department of the dismissal.
	Sec. 9. A county that transfers a defendant to the Texas 
Department of Criminal Justice under this article may deliver to an 
officer designated by the department a certified copy of a final 
order of a state or federal court that dismisses as frivolous or 
malicious a lawsuit brought by the inmate while the inmate was 
confined in the county jail awaiting transfer to the department 
following conviction of a felony or revocation of community 
supervision, parole, or mandatory supervision.  The county may 
deliver the copy to the department at the time of the transfer of 
the inmate or at any time after the transfer of the inmate.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 
63rd Leg., p. 206, ch. 91, Sec. 2, eff. Aug. 27, 1973;  Acts 1977, 
65th Leg., p. 2018, ch. 806, Sec. 1, eff. Aug. 29, 1977.

Amended by Acts 1981, 67th Leg., p. 810, ch. 291, Sec. 117, eff. 
Sept. 1, 1981.  Sec. 7 added by Acts 1983, 68th Leg., p. 148, ch. 40, 
Sec. 1, eff. April 26, 1983;  Acts 1983, 68th Leg., p. 4668, ch. 810, 
Sec. 1, eff. Sept. 1, 1983;  Sec. 8 amended by Acts 1985, 69th Leg., 
ch. 344, Sec. 3, eff. Jan. 1, 1986;  Acts 1987, 70th Leg., ch. 1049, 
Sec. 53, eff. Sept. 1, 1987;  Sec. 8(a) amended by Acts 1989, 71st 
Leg., ch. 785, Sec. 4.12, eff. Sept. 1, 1989;  Sec. 8(h) added by 
Acts 1989, 71st Leg., ch. 33, Sec. 2, eff. April 26, 1989;  Sec. 8(a) 
amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.05, eff. 
Aug. 29, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, 
eff. Sept. 1, 1993;  Sec. 8(a) to (c) amended by Acts 1995, 74th 
Leg., ch. 321, Sec. 3.001, eff. Sept. 1, 1995;  Sec. 8(d) amended by 
Acts 1995, 74th Leg., ch. 321, Sec. 3.001, eff. Sept. 1, 1995;  Acts 
1995, 74th Leg., ch. 723, Sec. 1, eff. Sept. 1, 1995;  Sec. 8(f), 
(h), (i) amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.001, eff. 
Sept. 1, 1995;  Sec. 8(a) amended by Acts 1999, 76th Leg., ch. 1188, 
Sec. 1.42, eff. Sept. 1, 1999;  Sec. 8(c) amended by Acts 1999, 76th 
Leg., ch. 1477, Sec. 29, eff. Sept. 1, 1999;  Sec. 9 added by Acts 
1999, 76th Leg., ch. 655, Sec. 1, eff. June 18, 1999;  Sec. 4 amended 
by Acts 2001, 77th Leg., ch. 214, Sec. 1, eff. May 22, 2001;  Sec. 
8(j) added by Acts 2001, 77th Leg., ch. 453, Sec. 1, eff. June 8, 
2001;  Sec. 8(a) amended by Acts 2003, 78th Leg., ch. 14, Sec. 1, 
eff. Sept. 1, 2003;  Sec. 8(b) amended by Acts 2005, 79th Leg., ch. 
728, Sec. 4.005, eff. Sept. 1, 2005.

Last modified: August 11, 2007