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.
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