By Martinez Fischer                                   H.B. No. 3613
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the sentencing of certain Class C habitual offenders.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 15A, Article 42.12, Code of Criminal
 1-5     Procedure, is amended to read as follows:
 1-6           Sec. 15A.  ENHANCED DISORDERLY CONDUCT AND PUBLIC
 1-7     INTOXICATION OFFENSES. On [(a)  Except as provided by Subsection
 1-8     (b), on] conviction of an offense for which punishment is enhanced
 1-9     under Section 12.43(c), Penal Code, the court may [shall] suspend
1-10     the imposition of the sentence and place the defendant on community
1-11     supervision if the court finds that the defendant would benefit
1-12     from community supervision and enters its finding on the record.
1-13     The judge may suspend in whole or in part the imposition of any
1-14     fine imposed on conviction.  All provisions of this article
1-15     applying to a defendant placed on community supervision for a
1-16     misdemeanor apply to a defendant placed on community supervision
1-17     under this section, except that the court shall require the
1-18     defendant as a condition of community supervision to:
1-19                 (1)  submit to diagnostic testing for addiction to
1-20     alcohol or a controlled substance or drug;
1-21                 (2)  submit to a psychological assessment;
1-22                 (3)  if indicated as necessary by testing and
1-23     assessment, participate in an alcohol or drug abuse treatment or
1-24     education program; and
 2-1                 (4)  pay the costs of testing, assessment, and
 2-2     treatment or education, either directly or as a court cost.
 2-3           [(b)  Subsection (a) does not apply if it is shown at the
 2-4     punishment phase of a trial in which punishment is enhanced under
 2-5     Section 12.43(c), Penal Code, that the defendant had previously
 2-6     been convicted of an offense for which punishment was enhanced
 2-7     under Section 12.43(c), Penal Code.]
 2-8           SECTION 2. This Act takes effect September 1, 2001, and
 2-9     applies only to an offense committed on or after that date.  An
2-10     offense committed before the effective date of this Act is covered
2-11     by the law in effect when the offense was committed, and the former
2-12     law is continued in effect for that purpose.  For purposes of this
2-13     section, an offense was committed before the effective date of this
2-14     Act if any element of the offense occurred before that date.