By Dunnam H.B. No. 2921 76R8959 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the imposition of community supervision on a defendant 1-3 convicted of a state jail felony. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 15(a), Article 42.12, Code of Criminal 1-6 Procedure, is amended to read as follows: 1-7 (a)(1) On conviction of a state jail felony punished under 1-8 Section 12.35(a), Penal Code, the judge may suspend the imposition 1-9 of the sentence and place the defendant on community supervision 1-10 or may order the sentence to be executed. The judge may suspend in 1-11 whole or in part the imposition of any fine imposed on conviction. 1-12 (2) A jury that imposes confinement under Section 1-13 12.35(a), Penal Code, as punishment for a state jail felony may 1-14 recommend to the judge that the judge suspend the imposition of the 1-15 sentence and place the defendant on community supervision. A judge 1-16 shall suspend the imposition of the sentence and place the 1-17 defendant on community supervision if the jury makes that 1-18 recommendation in the verdict. A defendant is eligible for 1-19 community supervision under this subsection only if before the 1-20 trial begins the defendant files a written sworn motion with the 1-21 judge that the defendant has not previously been convicted of a 1-22 felony in this or any other state and the jury enters in the 1-23 verdict a finding that the information in the defendant's motion is 1-24 true. 2-1 SECTION 2. The change in law made by this Act applies only 2-2 to the trial of a state jail felony that begins on or after the 2-3 effective date of this Act. The trial of a state jail felony that 2-4 begins before the effective date of this Act is covered by the law 2-5 in effect when the trial began, and the former law is continued in 2-6 effect for that purpose. 2-7 SECTION 3. This Act takes effect September 1, 1999. 2-8 SECTION 4. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.