By: Brown S.B. No. 109
73R544 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to presentence investigation reports in certain criminal
1-3 cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 8(a) and (c), Article 42.09, Code of
1-6 Criminal Procedure, are amended to read as follows:
1-7 (a) A county that transfers a defendant to the Texas
1-8 Department of Criminal Justice <Corrections> under this Article
1-9 shall deliver to the director of the department:
1-10 (1) a copy of the judgment entered pursuant to Article
1-11 42.01 of this code, completed on a standardized felony judgment
1-12 form described by Section 4 of that Article;
1-13 (2) a copy of any order revoking probation and
1-14 imposing sentence pursuant to Section 8 of Article 42.12 of this
1-15 code, including:
1-16 (A) any amounts owed for restitution, fines, and
1-17 court costs, completed on a standardized felony judgment form
1-18 described by Section 4 of Article 42.01 of this code; and
1-19 (B) a copy of the client supervision plan
1-20 prepared for the defendant by the adult probation department
1-21 supervising the defendant, if such a plan was prepared;
1-22 (3) a written report that states the nature and the
1-23 seriousness of each offense and that states the citation to the
1-24 provision or provisions of the Penal Code or other law under which
2-1 the defendant was convicted;
2-2 (4) a copy of the victim impact statement, if one has
2-3 been prepared in the case under Article 56.03 of this code;
2-4 (5) a statement as to whether there was a change in
2-5 venue in the case and, if so, the names of the county prosecuting
2-6 the offense and the county in which the case was tried;
2-7 (6) a copy of the record of arrest for each offense;
2-8 (7) information regarding the criminal history of the
2-9 defendant;
2-10 (8) a copy of the indictment or information for each
2-11 offense;
2-12 (9) a checklist sent by the department to the county
2-13 and completed by the county in a manner indicating that the
2-14 documents required by this subsection and Subsection (c) of this
2-15 section accompany the defendant; and
2-16 (10) a copy of the Criminal Justice Data Report
2-17 prepared under Section 413.018, Government Code<; and>
2-18 <(11) a copy of a presentence investigation report
2-19 prepared under Section 9, Article 42.12 of this code>.
2-20 (c) A county that transfers a defendant to the Texas
2-21 Department of Criminal Justice <Corrections> under this Article
2-22 shall also deliver to the director of the department any
2-23 <presentence investigation report,> probation revocation report,
2-24 psychological or psychiatric evaluation of the defendant, and
2-25 available social or psychological background information relating
2-26 to the defendant and may deliver to the director any additional
2-27 information upon which the judge or jury bases the punishment
3-1 decision.
3-2 SECTION 2. Section 9, Article 42.12, Code of Criminal
3-3 Procedure, is amended by amending Subsections (a) and (b) and by
3-4 adding Subsection (k) to read as follows:
3-5 (a) Except <Before the imposition of sentence by the court
3-6 in a felony case, and except> as provided by Subsection (b) of this
3-7 section, before the imposition of sentence by the court in a
3-8 criminal <misdemeanor> case the court shall direct a probation
3-9 officer to report to the court in writing on the circumstances of
3-10 the offense with which the defendant is charged, the amount of
3-11 restitution necessary to adequately compensate a victim of the
3-12 offense, the criminal and social history of the defendant, and any
3-13 other information relating to the defendant or the offense
3-14 requested by the court. It is not necessary that the report
3-15 contain a sentencing recommendation, but the report must contain a
3-16 proposed client supervision plan describing programs and sanctions
3-17 that the community supervision and corrections department would
3-18 provide the defendant if the defendant were granted probation.
3-19 (b) The court is not required to direct a probation officer
3-20 to prepare a report <in a misdemeanor case> if:
3-21 (1) the defendant requests that a report not be made
3-22 and the court agrees to the request; <or>
3-23 (2) the court finds that there is sufficient
3-24 information in the record to permit the meaningful exercise of
3-25 sentencing discretion and the court explains this finding on the
3-26 record; or
3-27 (3) the defendant is not eligible for probation under
4-1 this article.
4-2 (k) A defendant who has a prior felony conviction may
4-3 request that a report be made under Subsection (a) of this section.
4-4 If the defendant pleads guilty or nolo contendere or is convicted
4-5 of the offense and, in writing, authorizes the court to inspect the
4-6 report, the court shall consider the report:
4-7 (1) before sentencing, if the court assesses
4-8 punishment in the case; or
4-9 (2) after sentencing and before the entry of a final
4-10 judgment, if the jury assesses punishment in the case.
4-11 SECTION 3. (a) The change in law made by Section 2 of this
4-12 Act applies only to a defendant charged with an offense committed
4-13 on or after the effective date of this Act. For purposes of this
4-14 section, an offense is committed before the effective date of this
4-15 Act if any element of the offense occurs before the effective date.
4-16 (b) A defendant who commits an offense before the effective
4-17 date of this Act is covered by the law in effect when the offense
4-18 was committed, and the former law is continued in effect for this
4-19 purpose.
4-20 SECTION 4. This Act takes effect September 1, 1993.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.