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.