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.