By:  Schechter                                         H.B. No. 701
       73R2888 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an affirmative finding of family violence in the trial
    1-3  of certain criminal offenses.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1, Article 42.01, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        Sec. 1.  A judgment is the written declaration of the court
    1-8  signed by the trial judge and entered of record showing the
    1-9  conviction or acquittal of the defendant.  The sentence served
   1-10  shall be based on the information contained in the judgment.  The
   1-11  judgment should reflect:
   1-12              1.  The title and number of the case;
   1-13              2.  That the case was called and the parties appeared,
   1-14  naming the attorney for the state, the defendant, and the attorney
   1-15  for the defendant, or, where a defendant is not represented by
   1-16  counsel, that the defendant knowingly, intelligently, and
   1-17  voluntarily waived the right to representation by counsel;
   1-18              3.  The plea or pleas of the defendant to the offense
   1-19  charged;
   1-20              4.  Whether the case was tried before a jury or a jury
   1-21  was waived;
   1-22              5.  The submission of the evidence, if any;
   1-23              6.  In cases tried before a jury that the jury was
   1-24  charged by the court;
    2-1              7.  The verdict or verdicts of the jury or the finding
    2-2  or findings of the court;
    2-3              8.  In the event of a conviction that the defendant is
    2-4  adjudged guilty of the offense as found by the verdict of the jury
    2-5  or the finding of the court, and that the defendant be punished in
    2-6  accordance with the jury's verdict or the court's finding as to the
    2-7  proper punishment;
    2-8              9.  In the event of conviction where death or any
    2-9  nonprobated punishment is assessed that the defendant be sentenced
   2-10  to death, a term of imprisonment, or to pay a fine, as the case may
   2-11  be;
   2-12              10.  In the event of conviction where any probated
   2-13  punishment is assessed that the imposition of sentence is suspended
   2-14  and the defendant is placed on probation, setting forth the
   2-15  punishment assessed, the length of probation, and the probationary
   2-16  terms and conditions;
   2-17              11.  In the event of acquittal that the defendant be
   2-18  discharged;
   2-19              12.  The county and court in which the case was tried
   2-20  and, if there was a change of venue in the case, the name of the
   2-21  county in which the prosecution was originated;
   2-22              13.  The offense or offenses for which the defendant
   2-23  was convicted;
   2-24              14.  The date of the offense or offenses and degree of
   2-25  offense for which the defendant was convicted;
   2-26              15.  The term of sentence;
   2-27              16.  The date judgment is entered;
    3-1              17.  The date sentence is imposed;
    3-2              18.  The date sentence is to commence and any credit
    3-3  for time served;
    3-4              19.  The terms of any order entered pursuant to Article
    3-5  42.08 of this code that the defendant's sentence is to run
    3-6  cumulatively or concurrently with another sentence or sentences;
    3-7              20.  The terms of any plea bargain;
    3-8              21.  Affirmative findings entered pursuant to Article
    3-9  42.012 or <Subdivision (2) of Subsection (a) of> Section 3g(a)(2)
   3-10  of Article 42.12 of this code;
   3-11              22.  The terms of any fee payment ordered under
   3-12  Articles 37.072 and 42.151 of this code;
   3-13              23.  The defendant's thumbprint taken in accordance
   3-14  with Article 38.33 of this code;
   3-15              24.  In the event that the judge orders the defendant
   3-16  to repay a reward or part of a reward under Articles 37.073 and
   3-17  42.152 of this code, a statement of the amount of the payment or
   3-18  payments required to be made; and
   3-19              25.  In the event that the court orders restitution to
   3-20  be paid to the victim of a felony, a statement of the amount of
   3-21  restitution ordered and:
   3-22                    (A)  the name of the victim and the permanent
   3-23  mailing address of the victim at the time of the judgment; or
   3-24                    (B)  if the court determines that the inclusion
   3-25  of the victim's name and address in the judgment is not in the best
   3-26  interest of the victim, the name and address of a person or agency
   3-27  that will accept and forward restitution payments to the victim.
    4-1        SECTION 2.  Chapter 42, Code of Criminal Procedure, is
    4-2  amended by adding Article 42.012 to read as follows:
    4-3        Art. 42.012.  FINDING OF FAMILY VIOLENCE.  In the trial of an
    4-4  offense under Title 5, Penal Code, if the court determines that the
    4-5  offense involved family violence, as defined by Section 71.01,
    4-6  Family Code, the court shall make an affirmative finding of that
    4-7  fact and enter the affirmative finding in the judgment of the case.
    4-8        SECTION 3.  The change in law made by this Act applies only
    4-9  to the trial of an offense under Title 5, Penal Code, that
   4-10  commences on or after the effective date of this Act.
   4-11        SECTION 4.  This Act takes effect September 1, 1993.
   4-12        SECTION 5.  The importance of this legislation and the
   4-13  crowded condition of the calendars in both houses create an
   4-14  emergency and an imperative public necessity that the
   4-15  constitutional rule requiring bills to be read on three several
   4-16  days in each house be suspended, and this rule is hereby suspended.