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.