By Hochberg                                            H.B. No. 212
         76R1019 GWK-D                          
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting jury-recommended community supervision for
 1-3     a defendant convicted of murder.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 4(d), Article 42.12, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (d)  A defendant is not eligible for community supervision
 1-8     under this section if the defendant:
 1-9                 (1)  is sentenced to a term of imprisonment that
1-10     exceeds 10 years;
1-11                 (2)  is sentenced to serve a term of confinement under
1-12     Section 12.35, Penal Code;
1-13                 (3)  does not file a sworn motion under Subsection (e)
1-14     of this section or for whom the jury does not enter in the verdict
1-15     a finding that the information contained in the motion is true;
1-16     [or]
1-17                 (4)  is adjudged guilty of an offense for which
1-18     punishment is increased under Section 481.134(c), (d), (e), or (f),
1-19     Health and Safety Code, if it is shown that the defendant has been
1-20     previously convicted of an offense for which punishment was
1-21     increased under any one of those subsections; or
1-22                 (5)  is adjudged guilty of an offense under Section
1-23     19.02, Penal Code.
1-24           SECTION 2.  (a)  The change in law made by this Act applies
 2-1     only to an offense committed on or after the effective date of this
 2-2     Act.  For purposes of this section, an offense is committed before
 2-3     the effective date of this Act if any element of the offense occurs
 2-4     before the effective date.
 2-5           (b)  An offense committed before the effective date of this
 2-6     Act is covered by the law in effect when the offense was committed,
 2-7     and the former law is continued in effect for that purpose.
 2-8           SECTION 3.  This Act takes effect September 1, 1999.
 2-9           SECTION 4.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.