By Staples H.B. No. 1792
75R7278 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a judge to impose sentence on a
1-3 defendant convicted of a state jail felony.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 15(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) On conviction of a state jail felony punished under
1-8 Section 12.35(a), Penal Code, the judge [shall suspend the
1-9 imposition of the sentence of confinement and place the defendant
1-10 on community supervision, unless the defendant has been previously
1-11 convicted of a felony, in which event the judge] may suspend the
1-12 imposition of the sentence and place the defendant on community
1-13 supervision or may order the sentence to be executed. The judge
1-14 may suspend in whole or in part the imposition of any fine imposed
1-15 on conviction.
1-16 SECTION 2. (a) The change in law made by this Act applies
1-17 only to a defendant convicted of an offense committed on or after
1-18 the effective date of this Act. For purposes of this section, an
1-19 offense is committed before the effective date of this Act if any
1-20 element of the offense occurs before the effective date.
1-21 (b) A defendant convicted of an offense committed before the
1-22 effective date of this Act is covered by the law in effect when the
1-23 offense was committed, and the former law is continued in effect
1-24 for that purpose.
2-1 SECTION 3. This Act takes effect September 1, 1997.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.