Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By Moreno H.B. No. 3242 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to characteristics of a defendant that may not be used by 1-3 a judge or jury to deny community supervision, and to 1-4 characteristics of a defendant that may not be used by a prosecutor 1-5 to urge a judge or jury to deny community supervision. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Section 3, Article 42.12, Code of Criminal 1-8 Procedure is amended to read as follows: 1-9 (a) A judge, in the best interest of justice, the public, 1-10 and the defendant, after conviction or a plea of guilty or nolo 1-11 contendere, may suspend the imposition of the sentence and place 1-12 the defendant on community supervision or impose a fine applicable 1-13 to the offense and place the defendant on community supervision. 1-14 (b) Except as provided by Subsection (f), in a felony case 1-15 the minimum period of community supervision is the same as the 1-16 minimum term of imprisonment applicable to the offense and the 1-17 maximum period of community supervision is 10 years. 1-18 (c) The maximum period of community supervision in a 1-19 misdemeanor case is two years. 1-20 (d) A judge may increase the maximum period of community 1-21 supervision in the manner provided by Section 22(c) of this 1-22 article. 1-23 (e) A defendant is not eligible for community supervision 1-24 under this section if the defendant: 2-1 (1) is sentenced to a term of imprisonment that 2-2 exceeds 10 years; or 2-3 (2) is sentenced to serve a term of confinement under 2-4 Section 12.35, Penal Code. 2-5 (f) The minimum period of community supervision for a felony 2-6 described by Section 13B(b) is five years and the maximum period of 2-7 supervision is 10 years. 2-8 (g) A defendant shall not be denied community supervision by 2-9 a judge or jury because of a defendant's race, ethnicity, alienage, 2-10 national origin, sex, religion, disability, age, social economic 2-11 status or inability to speak, read, write, hear or understand a 2-12 particular language. The charge of the court under the provisions 2-13 of Article 36.14 and 36.16 shall include instructions as to the 2-14 provisions of this section. 2-15 (h) No prosecutor shall urge a judge or jury to deny a 2-16 defendant community supervision based on a defendant's race, 2-17 ethnicity, alienage, national origin, sex, religion, disability, 2-18 age, social economic status or inability to speak, read, write, 2-19 hear or understand a particular language. 2-20 SECTION 2. This Act takes effect on September 1, 1997. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.