Felony Judgment Forms
Special Orders
INSTRUCTIONS: Certain offenses require the court to make specific findings and include special orders in a judgment. Below are the special orders and their statutory references. Cut and paste the text of the appropriate special orders into the judgment form. Complete the fields (gray areas) that apply to the judgment.Age-Based Sex Offense.
Continuous Sexual Abuse of Young Child or Children. Tex. Penal Code § 21.02
Indecency with a Child. Tex. Penal Code § 21.11
Sexual Assault. Tex. Penal Code § 22.011
Aggravated Sexual Assault. Tex. Penal Code § 22.021
Sexual Performance by a Child. Tex. Penal Code § 43.25.
The Court Finds that at the time of the offense, Defendant was younger than nineteen (19) years of age and the victim was at least thirteen (13) years of age. The Court Further Finds that the conviction is based solely on the ages of Defendant and the victim or intended victim at the time of the offense. Tex. Code Crim. Proc., art. 42.017.
Age-Based Unlawful Restraint/Kidnapping. Tex. Penal Code §§ 20.02; 20.03, or 20.04.
The Court Finds that at the time of the offense, or at the time of the attempt or solicitation to commit the offense, the victim or intended victim was younger than 17 years of age. Tex. Code Crim. Proc. art. 42.015.
Bias or Prejudice.
The Court Finds Defendant intentionally
r selected the victim of the offense
r damaged or affected the property as charged in the offense
r primarily because of Defendant's bias or prejudice against a group, namely,. Tex. Code Crim. Proc. art. 42.014.
r (option) Furthermore, the Court Orders the Defendant to participate in an educational program to further tolerance and acceptance of others.
Controlled Substance Used to Commit Offense.
The Court Finds Defendant administered or provided a controlled substance to the victim of the offense, which was prosecuted under Chapter 29, 31, or Title 5, Penal Code, with the intent of facilitating the commission of the offense. Tex. Code Crim. Proc. art. 42.012.
Cumulation Order.
The Court Orders that the sentence in this conviction shall run consecutively and shall begin only when the judgment and sentence in the following case has ceased to operate:. Tex. Code Crim. Proc. art. 42.01 § 1(19).
Deadly Weapon.
The Court Finds Defendant used or exhibited a deadly weapon, namely,, during the commission of a felony offense or during immediate flight therefrom or was a party to the offense and knew that a deadly weapon would be used or exhibited. Tex. Code Crim. Proc. art. 42.12 §3g.
r The Court finds that the deadly weapon was a firearm
Diligent Participation Credit.
The Court Finds Defendant is convicted of a state jail felony and □ is □ is not presumptively entitled to diligent participation credit in accordance with Code of Criminal Procedure, article 42.12, Section 15(h). Tex. Code Crim. Proc. art. 42.0199.
DWI Ignition Motor Interlock.
The defendant shall install, on each motor vehicle owned or operated by defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator. This order shall be in effect from the date of this judgment until the date of the first anniversary after the ending of the period of drivers license suspension imposed under Section 521.344, Transportation Code. Defendant shall obtain the device(s) at the defendant’s own cost on or before that ending date. Defendant shall provide evidence to the Court on or before that ending date that the device has been installed on each appropriate vehicle, and the devices shall remain on each appropriate vehicle until the first anniversary after the ending of the period of such driver’s license suspension. Defendant shall not operate any motor vehicle that is not equipped with that device.
Family Violence:
The Court Finds that Defendant was prosecuted for an offense under Title 5 of the Penal Code that involved family violence. Tex. Code Crim. Proc. art. 42.013.
Motor Fuel Theft:
The Court Finds that, in committing the offense of theft, Defendant dispensed motor fuel into the fuel tank of a motor vehicle on the premises of an establishment at which the motor fuel is offered for retail sale. The Court further Finds that after dispensing the motor fuel, Defendant left the premises of the establishment without paying the establishment for the motor fuel. If the Defendant has previously been convicted of an offense containing such a finding, the description of that judgment follows:. The Court Orders the clerk of the Court to send a copy of this judgment to the Department of Public Safety. Tex. Code Crim. Proc. art. 42.019.
Repayment of Reward Ordered.
The Court Orders Defendant to repay a reward or part of a reward under Article 37.073 of the Code of Criminal Procedure in the amount of $.00. Tex. Code Crim. Proc. art. 42.152.
Special Drivers License for Sex Offender:
The Court Orders Defendant to apply for an original or renewed Texas Driver's License or personal identification certificate not later than 30 days after release from confinement or upon receipt of written notice from the Texas Department of Public Safety (DPS). The Court further Orders Defendant to annually renew the license or certificate. The DPS shall place an indication on the Defendant's driver's license or personal identification certificate that the Defendant is subject to the sex offender registration requirements. The Court Orders the clerk of the Court to send a copy of this order to the DPS and to Defendant. Tex. Code Crim. Proc. art. 42.016.
State Boot Camp:
The Court Recommends that Defendant be placed in a State Boot Camp for not less than 75 or more than 180 days, as authorized under article 42.12, section 8, Code of Criminal Procedure, and section 499.052, Government Code.
Unadjudicated Offenses:
The Court Finds that, with the consent of the State's attorney, Defendant admitted guilt as to the following unadjudicated offense(s), and the Court agreed to take the unadjudicated offense(s) into account in determining the sentence for the offense of which Defendant was adjudged guilty. Accordingly, the Court Finds prosecution is barred for the following unadjudicated offense(s):. Tex. Penal Code §12.45.
Weapon Forfeiture
The Court Finds that a law enforcement agency, namely,, seized a weapon, namely,, in connection with an offense involving the use of a weapon or an offense under Chapter 46 of the Penal Code. The Court Finds that 1) Defendant has been previously convicted under Chapter 46 of the Penal Code; 2) the weapon is a prohibited weapon under Chapter 46 of the Penal Code; 3) the offense of conviction or deferred adjudication was committed in a gun-free zone; 4) Defendant’s possession of the seized weapon would pose a threat to the community or one or more individuals, or 5) Defendant has agreed to forfeiture of the weapon. Accordingly, the Court Orders the weapon is forfeited to the State of Texas to be destroyed or used by the law enforcement agency. The Court Orders the clerk of the Court to send a copy of this order to the law enforcement agency. Tex. Code Crim. Proc. arts. 18.18 or 18.19.
Felony Judgment Forms Special Orders, 09/01/15, Page 2 of 2