1-1 By: Martinez Fischer (Senate Sponsor - West) H.B. No. 3613
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the sentencing of certain Class C habitual offenders.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 15A, Article 42.12, Code of Criminal
1-11 Procedure, is amended to read as follows:
1-12 Sec. 15A. ENHANCED DISORDERLY CONDUCT AND PUBLIC
1-13 INTOXICATION OFFENSES. On [(a) Except as provided by Subsection
1-14 (b), on] conviction of an offense for which punishment is enhanced
1-15 under Section 12.43(c), Penal Code, the court may [shall] suspend
1-16 the imposition of the sentence and place the defendant on community
1-17 supervision if the court finds that the defendant would benefit
1-18 from community supervision and enters its finding on the record.
1-19 The judge may suspend in whole or in part the imposition of any
1-20 fine imposed on conviction. All provisions of this article
1-21 applying to a defendant placed on community supervision for a
1-22 misdemeanor apply to a defendant placed on community supervision
1-23 under this section, except that the court shall require the
1-24 defendant as a condition of community supervision to:
1-25 (1) submit to diagnostic testing for addiction to
1-26 alcohol or a controlled substance or drug;
1-27 (2) submit to a psychological assessment;
1-28 (3) if indicated as necessary by testing and
1-29 assessment, participate in an alcohol or drug abuse treatment or
1-30 education program; and
1-31 (4) pay the costs of testing, assessment, and
1-32 treatment or education, either directly or as a court cost.
1-33 [(b) Subsection (a) does not apply if it is shown at the
1-34 punishment phase of a trial in which punishment is enhanced under
1-35 Section 12.43(c), Penal Code, that the defendant had previously
1-36 been convicted of an offense for which punishment was enhanced
1-37 under Section 12.43(c), Penal Code.]
1-38 SECTION 2. This Act takes effect September 1, 2001, and
1-39 applies only to an offense committed on or after that date. An
1-40 offense committed before the effective date of this Act is covered
1-41 by the law in effect when the offense was committed, and the former
1-42 law is continued in effect for that purpose. For purposes of this
1-43 section, an offense was committed before the effective date of this
1-44 Act if any element of the offense occurred before that date.
1-45 * * * * *