HBA-RBT H.B. 2921 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2921 By: Dunnam Criminal Jurisprudence 3/31/1999 Introduced BACKGROUND AND PURPOSE When state jail felonies were first created by the legislature, probation was mandated for first offenders. Probation was later made discretionary without modifying the provision governing community supervision. The resulting difference in the statutes has caused some judges believe that neither juries nor judges can grant probation for state jail felons. H.B. 2921 authorizes a jury that imposes confinement for a state jail felony to recommend to the judge that the judge suspend the imposition of the sentence and place the defendant on community supervision. This bill requires the judge to suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict. This bill provides that a defendant is eligible for community supervision under this subsection only if before the trial begins the defendant files a written sworn motion with the judge that the defendant has not previously been convicted of a felony in this or any other state and the jury enters in the verdict a finding that the information in the defendant's motion is true. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 15(a), Article 42.12, Code of Criminal Procedure, to authorize a jury that imposes confinement for a state jail felony to recommend to the judge that the judge suspend the imposition of the sentence and place the defendant on community supervision. Requires the judge to suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict. Provides that a defendant is eligible for community supervision under this subsection only if before the trial begins the defendant files a written sworn motion with the judge that the defendant has not previously been convicted of a felony in this or any other state and the jury enters in the verdict a finding that the information in the defendant's motion is true. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.