By Nixon                                         H.B. No. 288

      75R438 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 (g) 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 (g)

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           (g)  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, 1997.

 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.