By Nixon                                               H.B. No. 783
       74R4312 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the eligibility for community supervision for a
    1-3  defendant who has previously been convicted of a felony.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3, Article 42.12, Code of Criminal
    1-6  Procedure, is amended by amending Subsection (e) and adding
    1-7  Subsection (f) to read as follows:
    1-8        (e)  A defendant is not eligible for community supervision
    1-9  under this section if the defendant:
   1-10              (1)  is sentenced to a term of imprisonment that
   1-11  exceeds 10 years; <or>
   1-12              (2)  is sentenced to serve a term of confinement under
   1-13  Section 12.35, Penal Code; or
   1-14              (3)  does not file a sworn motion under Subsection (f)
   1-15  or for whom the judge does not enter in the verdict a finding that
   1-16  the information contained in the motion is true.
   1-17        (f)  A defendant is eligible for community supervision under
   1-18  this section only if before the trial begins the defendant files a
   1-19  written sworn motion with the judge that the defendant has not
   1-20  previously been convicted of a felony in this or any other state,
   1-21  and the judge enters in the verdict a finding that the information
   1-22  in the defendant's motion is true.
   1-23        SECTION 2.  (a)  The change in law made by this Act applies
   1-24  only to an offense committed on or after the effective date of this
    2-1  Act.  For purposes of this section, an offense is committed before
    2-2  the effective date of this Act if any element of the offense occurs
    2-3  before the effective date.
    2-4        (b)  An offense committed before the effective date of this
    2-5  Act is covered by the law in effect when the offense was committed,
    2-6  and the former law is continued in effect for this purpose.
    2-7        SECTION 3.  This Act takes effect September 1, 1995.
    2-8        SECTION 4.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.