By: Phillips H.B. No. 550
A BILL TO BE ENTITLED
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.