By: Shapleigh S.B. No. 1827
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to characteristics of a defendant that may not be used by
1-2 a judge or jury to deny community supervision, and to
1-3 characteristics of a defendant that may not be used by a prosecutor
1-4 to urge a judge or jury to deny community supervision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3, Article 42.12, Code of Criminal
1-7 Procedure is amended to read as follows:
1-8 (a) A judge, in the best interest of justice, the public,
1-9 and the defendant, after conviction or a plea of guilty or nolo
1-10 contendere, may suspend the imposition of the sentence and place
1-11 the defendant on community supervision or impose a fine applicable
1-12 to the offense and place the defendant on community supervision.
1-13 (b) Except as provided by Subsection (f), in a felony case
1-14 the minimum period of community supervision is the same as the
1-15 minimum term of imprisonment applicable to the offense and the
1-16 maximum period of community supervision is 10 years.
1-17 (c) The maximum period of community supervision in a
1-18 misdemeanor case is two years.
1-19 (d) A judge may increase the maximum period of community
1-20 supervision in the manner provided by Section 22(c) of this
1-21 article.
2-1 (e) A defendant is not eligible for community supervision
2-2 under this section if the defendant:
2-3 (1) is sentenced to a term of imprisonment that
2-4 exceeds 10 years; or
2-5 (2) is sentenced to serve a term of confinement under
2-6 Section 12.35, Penal Code.
2-7 (f) The minimum period of community supervision for a felony
2-8 described by Section 13B(b) is five years and the maximum period of
2-9 supervision is 10 years.
2-10 (g) A defendant shall not be denied community supervision by
2-11 a judge or jury because of a defendant's race, ethnicity, alienage,
2-12 national origin, sex, religion, disability, age, social economic
2-13 status or inability to speak, read, write, hear or understand a
2-14 particular language. The charge of the court under the provisions
2-15 of Article 36.14 and 36.16 shall include instructions as to the
2-16 provisions of this section.
2-17 (h) No prosecutor shall urge a judge or jury to deny a
2-18 defendant community supervision based on a defendant's race,
2-19 ethnicity, alienage, national origin, sex, religion, disability,
2-20 age, social economic status or inability to speak, read, write,
2-21 hear or understand a particular language.
2-22 SECTION 2. This Act takes effect on September 1, 1997.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.