By Whitmire S.B. No. 663
75R3651 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a judge to place a defendant convicted
1-3 of a state jail felony on community supervision and to the
1-4 conditions of community supervision that the judge may impose on
1-5 the defendant.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subsections (a) and (d), Section 15, Article
1-8 42.12, Code of Criminal Procedure, are amended to read as follows:
1-9 (a) On conviction of a state jail felony punished under
1-10 Section 12.35(a), Penal Code, the judge [shall suspend the
1-11 imposition of the sentence of confinement and place the defendant
1-12 on community supervision, unless the defendant has been previously
1-13 convicted of a felony, in which event the judge] may suspend the
1-14 imposition of the sentence and place the defendant on community
1-15 supervision or may order the sentence to be executed. The judge
1-16 may suspend in whole or in part the imposition of any fine imposed
1-17 on conviction.
1-18 (d) A judge may impose as a condition of community
1-19 supervision that a defendant submit at any time during [the
1-20 beginning of] the period of community supervision to a term of
1-21 confinement in a state jail felony facility for a term of not less
1-22 than 90 days or more than 180 days, or a term of not less than 90
1-23 days or more than one year if the defendant is convicted of an
1-24 offense punishable as a state jail felony under Section 481.112,
2-1 481.113, or 481.120, Health and Safety Code. A judge may not
2-2 require a defendant to submit to both the term of confinement
2-3 authorized by this subsection and a term of confinement under
2-4 Section 5 or 12 of this article. For the purposes of this
2-5 subsection, a defendant previously has been convicted of a felony
2-6 regardless of whether the sentence for the previous conviction was
2-7 actually imposed or was probated and suspended.
2-8 SECTION 2. (a) The change in law made by this Act applies
2-9 only to a defendant convicted of an offense committed on or after
2-10 the effective date of this Act. For purposes of this section, an
2-11 offense is committed before the effective date of this Act if any
2-12 element of the offense occurs before the effective date.
2-13 (b) A defendant convicted of an offense committed before the
2-14 effective date of this Act is covered by the law in effect when the
2-15 offense was committed, and the former law is continued in effect
2-16 for that purpose.
2-17 SECTION 3. This Act takes effect September 1, 1997.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.