By:  Phillips                                                     H.B. No. 550

relating to the preparation of and procedures related to a presentence report in a felony case. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 9(d) and (g), Article 42.12, Code of Criminal Procedure, are amended to read as follows: (d) Unless waived by the defendant, at least 48 hours before [Before] sentencing a defendant, the judge shall permit the defendant or his counsel to read the presentence report. (g) A [Unless requested by the defendant, a] judge is not required to direct an officer to prepare a presentence report in a felony case under this section if: (1) punishment is to be assessed by a jury; (2) the defendant is convicted of or enters a plea of guilty or nolo contendere to capital murder; (3) the only available punishment is imprisonment; or (4) the judge is informed that a plea bargain agreement exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow the agreement. SECTION 2. This Act takes effect September 1, 2005.