SRC-CDH C.S.S.B. 1827 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1827
By: Shapleigh
Criminal Justice
4-29-97
Committee Report (Substituted)


DIGEST 

Currently, according to 1990 census data, more than 25 percent of Texans
are of Hispanic origin. Moreover, a majority of Hispanics in Texas speak a
language other than English at home.  However, in 1995 the Court of
Criminal Appeals of Texas ruled that denying a defendant community
supervision based on the person's inability to speak English was
constitutionally permissible.  This legislation prohibits a judge from
denying a defendant community supervision based on the defendant's
inability to speak, read, write, hear, or understand English.   

PURPOSE

As proposed, C.S.S.B. 1827 establishes the characteristics of a defendant
that shall not be used by a judge to deny community supervision.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3, Article 42.12, Code of Criminal Procedure, by
adding Subsection (g), to prohibit a judge from denying community
supervision to a defendant based solely on the defendant's inability to
speak, read, write, hear, or understand English. 

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 3, Article 42.12, Code of Criminal Procedure, to prohibit a
judge from denying community supervision to a defendant based solely on
the defendant's inability to speak, read, write, hear, or understand
English.  Deletes the provision prohibiting a defendant from being denied
community supervision based on certain of the defendant's characteristics.