The term “3(g)” comes from former Texas Code of Criminal Procedure article 42.12, section 3(g). Such article was recently repealed. It is now codified as Texas Code of Criminal Procedure article 42A.054, “Limitation on Judge-Ordered Community Supervision.” 3(g) offenses are offenses in which a Judge cannot give a defendant regular or straight probation. Thus, a Judge could only sentence a defendant to deferred-adjudication probation. This is important because, if a defendant goes to trial on a 3(g) offense, he could only receive probation from a jury if he is found guilty, not the Judge. This means that, if a defendant elects for the Judge to assess his sentence at trial if he is found guilty, the Judge can only give a defendant time because he cannot give regular probation. 3(g) offenses are also offenses in which a defendant if he does receive jail time, has to serve half of his sentence day for day before becoming eligible for parole. Also, if a defendant receives a sentence of less than 4 years, he still is not eligible for parole until he serves 2 years day for day.
The following offenses are 3(g) offenses:
(1) Criminal Solicitation in the First Degree
(2) Capital Murder
(3) Murder
(4) Aggravated Kidnapping
(5) Trafficking of Persons
(6) Indecency with a Child
(7) Sexual Assault
(8) Aggravated Sexual Assault
(9) Serious Bodily Injury or Mental Impairment to a Child
(10) Aggravated Robbery
(11) Burglary of a Habitation with Intent to Commit a Felony therein
(12) Compelling Prostitution
(13) Sexual Performance by a Child
(14) Use of a Child for Manufacturing or Delivering of a Controlled Substance or Possession of
a Controlled Substance in a Drug-Free Zone
(15) Aggravated Assault with a Deadly Weapon or a crime where a deadly weapon was used
before, during, or after an offense.
