By: Place H.B. No. 573
73R3275 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the preparation of a postsentence report on a defendant
1-3 who is granted probation or deferred adjudication after entering
1-4 into a plea bargain agreement.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 8, Article 42.09, Code of Criminal
1-7 Procedure, is amended by amending Subsections (a) and (c) to read
1-8 as follows:
1-9 (a) A county that transfers a defendant to the institutional
1-10 division of the Texas Department of Criminal Justice <Corrections>
1-11 under this Article shall deliver to the director of the division
1-12 <department>:
1-13 (1) a copy of the judgment entered pursuant to Article
1-14 42.01 of this code, completed on a standardized felony judgment
1-15 form described by Section 4 of that Article;
1-16 (2) a copy of any order revoking probation and
1-17 imposing sentence pursuant to Section 26 <8> of Article 42.12 of
1-18 this code, including:
1-19 (A) any amounts owed for restitution, fines, and
1-20 court costs, completed on a standardized felony judgment form
1-21 described by Section 4 of Article 42.01 of this code; and
1-22 (B) a copy of the client supervision plan
1-23 prepared for the defendant by the adult probation department
1-24 supervising the defendant, if such a plan was prepared;
2-1 (3) a written report that states the nature and the
2-2 seriousness of each offense and that states the citation to the
2-3 provision or provisions of the Penal Code or other law under which
2-4 the defendant was convicted;
2-5 (4) a copy of the victim impact statement, if one has
2-6 been prepared in the case under Article 56.03 of this code;
2-7 (5) a statement as to whether there was a change in
2-8 venue in the case and, if so, the names of the county prosecuting
2-9 the offense and the county in which the case was tried;
2-10 (6) a copy of the record of arrest for each offense;
2-11 (7) information regarding the criminal history of the
2-12 defendant;
2-13 (8) a copy of the indictment or information for each
2-14 offense;
2-15 (9) a checklist sent by the department to the county
2-16 and completed by the county in a manner indicating that the
2-17 documents required by this subsection and Subsection (c) of this
2-18 section accompany the defendant;
2-19 (10) a copy of the Criminal Justice Data Report
2-20 prepared under Section 413.018, Government Code; and
2-21 (11) a copy of a presentence or postsentence
2-22 investigation report prepared under Section 9, Article 42.12 of
2-23 this code.
2-24 (c) A county that transfers a defendant to the institutional
2-25 division of the Texas Department of Criminal Justice <Corrections>
2-26 under this Article shall also deliver to the director of the
2-27 division <department> any presentence or postsentence investigation
3-1 report, probation revocation report, psychological or psychiatric
3-2 evaluation of the defendant, and available social or psychological
3-3 background information relating to the defendant and may deliver to
3-4 the director any additional information upon which the judge or
3-5 jury bases the punishment decision.
3-6 SECTION 2. Section 9, Article 42.12, Code of Criminal
3-7 Procedure, is amended by amending Subsection (a) and by adding
3-8 Subsection (k) to read as follows:
3-9 (a) Except as provided by Subsection (k) of this section,
3-10 before <Before> the imposition of sentence by the court in a felony
3-11 case, and except as provided by Subsection (b) of this section,
3-12 before the imposition of sentence by the court in a misdemeanor
3-13 case, the court shall direct a probation officer to report to the
3-14 court in writing on the circumstances of the offense with which the
3-15 defendant is charged, the amount of restitution necessary to
3-16 adequately compensate a victim of the offense, the criminal and
3-17 social history of the defendant, and any other information relating
3-18 to the defendant or the offense requested by the court. It is not
3-19 necessary that the report contain a sentencing recommendation, but
3-20 the report must contain a proposed client supervision plan
3-21 describing programs and sanctions that the community supervision
3-22 and corrections department would provide the defendant if the
3-23 defendant were granted probation.
3-24 (k) A court that suspends the imposition of a sentence or
3-25 grants deferred adjudication in a felony case after receiving a
3-26 plea of guilty or nolo contendere from a defendant is not required
3-27 to direct a probation officer to prepare a presentence report under
4-1 this section. The court shall direct the probation officer to
4-2 prepare a postsentence report containing the same information that
4-3 would have been required for the presentence report. The probation
4-4 officer shall send the postsentence report to the clerk of the
4-5 court not later than the 30th day after sentence is pronounced or
4-6 deferred adjudication is granted, and the clerk shall file the
4-7 postsentence report with the papers in the case.
4-8 SECTION 3. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended,
4-13 and that this Act take effect and be in force from and after its
4-14 passage, and it is so enacted.