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.