By:  Phillips (Senate Sponsor - Seliger)                          H.B. No. 550
	(In the Senate - Received from the House April 13, 2005; 
April 14, 2005, read first time and referred to Committee on 
Criminal Justice; May 18, 2005, reported favorably by the 
following vote:  Yeas 5, Nays 0; May 18, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


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.                           



* * * * *