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.