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.