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.