77R10845 JMC-F
By Martinez Fischer H.B. No. 3613
Substitute the following for H.B. No. 3613:
By Martinez Fischer C.S.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. The judge may suspend in whole or in part the
1-12 imposition of any fine imposed on conviction. All provisions of
1-13 this article applying to a defendant placed on community
1-14 supervision for a misdemeanor apply to a defendant placed on
1-15 community supervision under this section, except that the court
1-16 shall require the defendant as a condition of community supervision
1-17 to:
1-18 (1) submit to diagnostic testing for addiction to
1-19 alcohol or a controlled substance or drug;
1-20 (2) submit to a psychological assessment;
1-21 (3) if indicated as necessary by testing and
1-22 assessment, participate in an alcohol or drug abuse treatment or
1-23 education program; and
1-24 (4) pay the costs of testing, assessment, and
2-1 treatment or education, either directly or as a court cost.
2-2 [(b) Subsection (a) does not apply if it is shown at the
2-3 punishment phase of a trial in which punishment is enhanced under
2-4 Section 12.43(c), Penal Code, that the defendant had previously
2-5 been convicted of an offense for which punishment was enhanced
2-6 under Section 12.43(c), Penal Code.]
2-7 SECTION 2. This Act takes effect September 1, 2001, and
2-8 applies only to an offense committed on or after that date. An
2-9 offense committed before the effective date of this Act is covered
2-10 by the law in effect when the offense was committed, and the former
2-11 law is continued in effect for that purpose. For purposes of this
2-12 section, an offense was committed before the effective date of this
2-13 Act if any element of the offense occurred before that date.