By: Brown, West S.B. No. 109
A BILL TO BE ENTITLED
AN ACT
1-1 relating to presentence investigation reports in certain criminal
1-2 cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a) and (c), Section 8, Article
1-5 42.09, Code of Criminal Procedure, are amended to read as follows:
1-6 (a) A county that transfers a defendant to the Texas
1-7 Department of Criminal Justice <Corrections> under this Article
1-8 shall deliver to the director of the department:
1-9 (1) a copy of the judgment entered pursuant to Article
1-10 42.01 of this code, completed on a standardized felony judgment
1-11 form described by Section 4 of that Article;
1-12 (2) a copy of any order revoking probation and
1-13 imposing sentence pursuant to Section 8 of Article 42.12 of this
1-14 code, including:
1-15 (A) any amounts owed for restitution, fines, and
1-16 court costs, completed on a standardized felony judgment form
1-17 described by Section 4 of Article 42.01 of this code; and
1-18 (B) a copy of the client supervision plan
1-19 prepared for the defendant by the adult probation department
1-20 supervising the defendant, if such a plan was prepared;
1-21 (3) a written report that states the nature and the
1-22 seriousness of each offense and that states the citation to the
1-23 provision or provisions of the Penal Code or other law under which
1-24 the defendant was convicted;
2-1 (4) a copy of the victim impact statement, if one has
2-2 been prepared in the case under Article 56.03 of this code;
2-3 (5) a statement as to whether there was a change in
2-4 venue in the case and, if so, the names of the county prosecuting
2-5 the offense and the county in which the case was tried;
2-6 (6) a copy of the record of arrest for each offense;
2-7 (7) information regarding the criminal history of the
2-8 defendant;
2-9 (8) a copy of the indictment or information for each
2-10 offense;
2-11 (9) a checklist sent by the department to the county
2-12 and completed by the county in a manner indicating that the
2-13 documents required by this subsection and Subsection (c) of this
2-14 section accompany the defendant; and
2-15 (10) a copy of the Criminal Justice Data Report
2-16 prepared under Section 413.018, Government Code<; and>
2-17 <(11) a copy of a presentence investigation report
2-18 prepared under Section 9, Article 42.12 of this code>.
2-19 (c) A county that transfers a defendant to the Texas
2-20 Department of Criminal Justice <Corrections> under this Article
2-21 shall also deliver to the director of the department any
2-22 <presentence investigation report,> probation revocation report,
2-23 psychological or psychiatric evaluation of the defendant, and
2-24 available social or psychological background information relating
2-25 to the defendant and may deliver to the director any additional
2-26 information upon which the judge or jury bases the punishment
2-27 decision.
3-1 SECTION 2. Section 9, Article 42.12, Code of Criminal
3-2 Procedure, is amended by amending Subsections (a) and (b) and by
3-3 adding Subsection (k) to read as follows:
3-4 (a) Except as provided by Subsection (b) of this section,
3-5 before <Before> the imposition of sentence by the court in a felony
3-6 case<, and except as provided by Subsection (b) of this section,
3-7 before the imposition of sentence by the court in a misdemeanor
3-8 case> the court shall direct a probation officer to report to the
3-9 court in writing on the circumstances of the offense with which the
3-10 defendant is charged, the amount of restitution necessary to
3-11 adequately compensate a victim of the offense, the criminal and
3-12 social history of the defendant, and any other information relating
3-13 to the defendant or the offense requested by the court. It is not
3-14 necessary that the report contain a sentencing recommendation, but
3-15 the report must contain a proposed client supervision plan
3-16 describing programs and sanctions that the community supervision
3-17 and corrections department would provide the defendant if the
3-18 defendant were granted probation.
3-19 (b) The court shall order evaluations described by
3-20 Subsection (h) or (i) of this section to be performed under
3-21 circumstances described by those subsections whether or not a
3-22 report is required under this section. The court is not required
3-23 to direct a probation officer to prepare a report <in a misdemeanor
3-24 case> if:
3-25 (1) the defendant requests that a report not be made
3-26 and the court agrees to the request; or
3-27 (2) the defendant is not eligible for probation under
4-1 this article <court finds that there is sufficient information in
4-2 the record to permit the meaningful exercise of sentencing
4-3 discretion and the court explains this finding on the record>.
4-4 (k) A defendant who has a prior felony conviction may
4-5 request that a report be made under Subsection (a) of this section.
4-6 If the defendant pleads guilty or nolo contendere or is convicted
4-7 of the offense and, in writing, authorizes the court to inspect the
4-8 report, the court shall consider the report:
4-9 (1) before sentencing, if the court assesses
4-10 punishment in the case; or
4-11 (2) after sentencing and before the entry of a final
4-12 judgment, if the jury assesses punishment in the case.
4-13 SECTION 3. (a) The change in law made by Section 2 of this
4-14 Act applies only to a defendant charged with an offense committed
4-15 on or after the effective date of this Act. For purposes of this
4-16 section, an offense is committed before the effective date of this
4-17 Act if any element of the offense occurs before the effective date.
4-18 (b) A defendant who commits an offense before the effective
4-19 date of this Act is covered by the law in effect when the offense
4-20 was committed, and the former law is continued in effect for this
4-21 purpose.
4-22 SECTION 4. This Act takes effect September 1, 1993.
4-23 SECTION 5. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.