I hate when things change. Just when you think you understand the law in Texas, you find out that everything has changed. Well, in this case, they’ve changed, but they are still the same. Ever since I’ve been a lawyer aggravated or “3g” offenses were those that had limited probation availability. However, as of 1/1/17, the entire probation section of the code of criminal procedure has been replaced with……. section 42A!
That’s right, we have a brand new section that is basically a reboot of the old section. This was a cleanup job designed to make the cluster fuck of laws that was chapter 42 well, a little less clusterfucked. If I was starting out as a lawyer, or if I was a layperson who wanted to understand probation in Texas, I’d greatly appreciate the new streamlined 42A.
So what happened to 3g offenses? They still exist. But now they are section 42A.054 offenses. They even come with a title that explains what they are. Here’s the new section-