By Nixon                                              H.B. No. 1351
       74R5988 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment and sentencing of defendants convicted
    1-3  of state jail felonies.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 12.35(a), Penal Code, is amended to read
    1-6  as follows:
    1-7        (a)  Except as provided by Subsection (c), an individual
    1-8  adjudged guilty of a state jail felony shall be punished by
    1-9  confinement in a state jail for any term of not more than three
   1-10  <two> years or less than one year <180 days>.
   1-11        SECTION 2.  Section 15(a), Article 42.12, Code of Criminal
   1-12  Procedure, as added by Chapter 900, Acts of the 73rd Legislature,
   1-13  Regular Session, 1993, is amended to read as follows:
   1-14        (a)  On conviction of a state jail felony, the judge may
   1-15  <shall> suspend the imposition of the sentence of confinement and
   1-16  place the defendant on community supervision.  The judge may
   1-17  suspend in whole or in part the imposition of any fine imposed on
   1-18  conviction.
   1-19        SECTION 3.  (a)  The changes in law made by this Act apply
   1-20  only to an offense committed on or after the effective date of this
   1-21  Act.  For purposes of this section, an offense is committed before
   1-22  the effective date of this Act if any element of the offense occurs
   1-23  before the effective date.
   1-24        (b)  An offense committed before the effective date of this
    2-1  Act is covered by the law in effect when the offense was committed,
    2-2  and the former law is continued in effect for that purpose.
    2-3        SECTION 4.  This Act takes effect September 1, 1995.
    2-4        SECTION 5.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.