SRC-JEC H.B. 3613 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3613
By: Martinez Fischer (West)
Jurisprudence
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, a court is required to sentence certain repeat offenders
of public intoxication to probation, which includes substance abuse
counseling.  A court is authorized to sentence such an offender to jail
only after the third conviction. There is concern that certain individuals
who are sentenced to probation and fined do not have the resources to
comply with the terms of the punishment. When an offender violates the
terms of probation, probation is revoked and the offender is sent to jail.
This situation may be inefficient as well as burdensome for judges,
district attorneys, police officers, and probation officers who are forced
to devote more time to cases in which the offender may have been better
served with one jail sentence.  H.B. 3613 authorizes, rather than requires,
a court to suspend the imposition of a sentence and place a defendant
convicted of disorderly conduct or public intoxication on community
supervision.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 15A, Article 42.12, Code of Criminal Procedure,
by removing an exception as provided by Subsection (b).  Authorizes, rather
than requires, the court to suspend the imposition of the sentence and
place the defendant on community supervision.  Adds the condition that the
court finds that the defendant would benefit from community supervision and
enters its finding on the record.  Deletes Subsection (b), regarding a
defendant's previous conviction. 

SECTION 2.   Effective date: September 1, 2001.
  Makes application of this Act prospective.