Punishment & Probation (2018–2019)

Punishment & Probation, written by TDCAA Senior Staff Counsel Diane Beckham, covers all the law relevant to sentencing. Punishment & Probation, first published in 2014, has been updated with the latest statutes (from the 2015 session) and caselaw from the U.S. Supreme Court and Texas courts.

The law governing probation will change in a significant way on January 1, 2017. The legislature has rewritten Texas’ long-standing probation statute (Code of Criminal Procedure art. 42.12) into a new Chapter 42A of the Code of Criminal Procedure. While the recodification through HB 2299 was intended to be nonsubstantive, getting used to the new numbering scheme and reorganization will take some time. The book includes references to the old art. 42.12 provisions (effective through December 31) and new Chapter 42A provisions (effective January 1, 2017). A disposition chart in the book shows the relationship between the old art. 42.12 provisions and the new Chapter 42A provisions.

Complete with charts that spell out potential sentencing options for different types of offenses, Punishment & Probation describes the application of Code of Criminal Procedure Chapter 42 and new Chapter 42A for sentencing, community supervision, deferred adjudication, and pretrial diversion. The book also includes information about:

  • admonishments;
  • multiple offenses;
  • punishment evidence;
  • time credit;
  • financial payments (including restitution and court costs);
  • enhancements;
  • collateral consequences;
  • judgments;
  • parole;
  • community supervision eligibility, conditions, and revocation; and
  • differences between community supervision and deferred adjudication.