1-1 By: Brown S.B. No. 109
1-2 (In the Senate - Filed January 14, 1993; January 19, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 May 5, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 5, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 109 By: Sibley
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to presentence investigation reports in certain criminal
1-20 cases.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Subsections (a) and (c), Section 8, Article
1-23 42.09, Code of Criminal Procedure, are amended to read as follows:
1-24 (a) A county that transfers a defendant to the Texas
1-25 Department of Criminal Justice <Corrections> under this Article
1-26 shall deliver to the director of the department:
1-27 (1) a copy of the judgment entered pursuant to Article
1-28 42.01 of this code, completed on a standardized felony judgment
1-29 form described by Section 4 of that Article;
1-30 (2) a copy of any order revoking probation and
1-31 imposing sentence pursuant to Section 8 of Article 42.12 of this
1-32 code, including:
1-33 (A) any amounts owed for restitution, fines, and
1-34 court costs, completed on a standardized felony judgment form
1-35 described by Section 4 of Article 42.01 of this code; and
1-36 (B) a copy of the client supervision plan
1-37 prepared for the defendant by the adult probation department
1-38 supervising the defendant, if such a plan was prepared;
1-39 (3) a written report that states the nature and the
1-40 seriousness of each offense and that states the citation to the
1-41 provision or provisions of the Penal Code or other law under which
1-42 the defendant was convicted;
1-43 (4) a copy of the victim impact statement, if one has
1-44 been prepared in the case under Article 56.03 of this code;
1-45 (5) a statement as to whether there was a change in
1-46 venue in the case and, if so, the names of the county prosecuting
1-47 the offense and the county in which the case was tried;
1-48 (6) a copy of the record of arrest for each offense;
1-49 (7) information regarding the criminal history of the
1-50 defendant;
1-51 (8) a copy of the indictment or information for each
1-52 offense;
1-53 (9) a checklist sent by the department to the county
1-54 and completed by the county in a manner indicating that the
1-55 documents required by this subsection and Subsection (c) of this
1-56 section accompany the defendant; and
1-57 (10) a copy of the Criminal Justice Data Report
1-58 prepared under Section 413.018, Government Code<; and>
1-59 <(11) a copy of a presentence investigation report
1-60 prepared under Section 9, Article 42.12 of this code>.
1-61 (c) A county that transfers a defendant to the Texas
1-62 Department of Criminal Justice <Corrections> under this Article
1-63 shall also deliver to the director of the department any
1-64 <presentence investigation report,> probation revocation report,
1-65 psychological or psychiatric evaluation of the defendant, and
1-66 available social or psychological background information relating
1-67 to the defendant and may deliver to the director any additional
1-68 information upon which the judge or jury bases the punishment
2-1 decision.
2-2 SECTION 2. Section 9, Article 42.12, Code of Criminal
2-3 Procedure, is amended by amending Subsections (a) and (b) and by
2-4 adding Subsection (k) to read as follows:
2-5 (a) Except as provided by Subsection (b) of this section,
2-6 before <Before> the imposition of sentence by the court in a felony
2-7 case<, and except as provided by Subsection (b) of this section,
2-8 before the imposition of sentence by the court in a misdemeanor
2-9 case> the court shall direct a probation officer to report to the
2-10 court in writing on the circumstances of the offense with which the
2-11 defendant is charged, the amount of restitution necessary to
2-12 adequately compensate a victim of the offense, the criminal and
2-13 social history of the defendant, and any other information relating
2-14 to the defendant or the offense requested by the court. It is not
2-15 necessary that the report contain a sentencing recommendation, but
2-16 the report must contain a proposed client supervision plan
2-17 describing programs and sanctions that the community supervision
2-18 and corrections department would provide the defendant if the
2-19 defendant were granted probation.
2-20 (b) The court shall order evaluations described by
2-21 Subsection (h) or (i) of this section to be performed under
2-22 circumstances described by those subsections whether or not a
2-23 report is required under this section. The court is not required
2-24 to direct a probation officer to prepare a report <in a misdemeanor
2-25 case> if:
2-26 (1) the defendant requests that a report not be made
2-27 and the court agrees to the request; or
2-28 (2) the defendant is not eligible for probation under
2-29 this article <court finds that there is sufficient information in
2-30 the record to permit the meaningful exercise of sentencing
2-31 discretion and the court explains this finding on the record>.
2-32 (k) A defendant who has a prior felony conviction may
2-33 request that a report be made under Subsection (a) of this section.
2-34 If the defendant pleads guilty or nolo contendere or is convicted
2-35 of the offense and, in writing, authorizes the court to inspect the
2-36 report, the court shall consider the report:
2-37 (1) before sentencing, if the court assesses
2-38 punishment in the case; or
2-39 (2) after sentencing and before the entry of a final
2-40 judgment, if the jury assesses punishment in the case.
2-41 SECTION 3. (a) The change in law made by Section 2 of this
2-42 Act applies only to a defendant charged with an offense committed
2-43 on or after the effective date of this Act. For purposes of this
2-44 section, an offense is committed before the effective date of this
2-45 Act if any element of the offense occurs before the effective date.
2-46 (b) A defendant who commits an offense before the effective
2-47 date of this Act is covered by the law in effect when the offense
2-48 was committed, and the former law is continued in effect for this
2-49 purpose.
2-50 SECTION 4. This Act takes effect September 1, 1993.
2-51 SECTION 5. The importance of this legislation and the
2-52 crowded condition of the calendars in both houses create an
2-53 emergency and an imperative public necessity that the
2-54 constitutional rule requiring bills to be read on three several
2-55 days in each house be suspended, and this rule is hereby suspended.
2-56 * * * * *
2-57 Austin,
2-58 Texas
2-59 May 5, 1993
2-60 Hon. Bob Bullock
2-61 President of the Senate
2-62 Sir:
2-63 We, your Committee on Criminal Justice to which was referred S.B.
2-64 No. 109, have had the same under consideration, and I am instructed
2-65 to report it back to the Senate with the recommendation that it do
2-66 not pass, but that the Committee Substitute adopted in lieu thereof
2-67 do pass and be printed.
2-68 Whitmire,
2-69 Chairman
2-70 * * * * *
3-1 WITNESSES
3-2 No witnesses appeard on S.B. No. 109.