SRC-PNG H.B. 1535 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1535
76R6386 GWK-DBy: Allen (Brown)
Criminal Justice
5/12/1999
Engrossed


DIGEST 

Currently, Section 3g, Article 42.12, Code of Criminal Procedure, exempts
only a sexual assault committed against a child from the applicability of
Section 3.  Section 3 authorizes a judge to place a defendant on community
supervision after conviction or a plea of guilty or nolo contendere.  This
bill would exempt any sexual assault, as defined in Section 22.011, Penal
Code, from the applicability of Section 3 of the Code of Criminal
Procedure. 

PURPOSE

As proposed, H.B. 1535 exempts any sexual assault, as defined in Section
22.011, Penal Code, from the applicability of Section 3 of the Code of
Criminal Procedure, authorizing a judge to place a defendant on community
supervision after conviction or a plea of guilty or nolo contendere. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3g(a), Article 42.12, Code of Criminal Procedure,
to include all of Section 22.011, Penal Code, rather than only Section
22.011(a)(2), Penal Code, among the sections to which Section 3 of this
Article does not apply. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.