ACM H.B. 476 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 476
By: Craddick
5-1-97
Committee Report (Unamended)



BACKGROUND 

Currently, the Code of Criminal Procedure provides that on a conviction of
a state jail felony, a judge shall suspend the imposition of the sentence
of confinement and place the defendant on community supervision, unless
the defendant has been previously convicted of a felony. 

PURPOSE

HB 476, as proposed, would eliminate the requirement that a judge must
place a defendant convicted of a state jail felony on community
supervision. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 42.12, Section 15(a), Code of Criminal
Procedure, Procedures Relating to State Jail Felony Community Supervision,
by eliminating the requirement that a judge must place a defendant
convicted of a state jail felony on community supervision.  The judge may
suspend the imposition of the sentence and place the defendant on
community supervision or may order the sentence to be executed. 

SECTION 2.  The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 3.  Effective Date:  September 1, 1997

SECTION 4.  Emergency Clause.