79R11707 PEP-D


By:  Keel                                                         H.B. No. 1759



A BILL TO BE ENTITLED

AN ACT

relating to the eligibility for jury-recommended community 
supervision and to the conditions of community supervision for 
certain defendants convicted of state jail felonies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 4(d), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(d)  A defendant is not eligible for community supervision 
under this section if the defendant:
		(1)  is sentenced to a term of imprisonment that 
exceeds 10 years;          
		(2)  is convicted of a state jail felony for which 
suspension of the imposition of the sentence occurs automatically 
under Section 15(a) [sentenced to serve a term of confinement under 
Section 12.35, Penal Code];
		(3)  does not file a sworn motion under Subsection (e) 
of this section or for whom the jury does not enter in the verdict a 
finding that the information contained in the motion is true; or
		(4)  is adjudged guilty of an offense for which 
punishment is increased under Section 481.134(c), (d), (e), or (f), 
Health and Safety Code, if it is shown that the defendant has been 
previously convicted of an offense for which punishment was 
increased under any one of those subsections.
	SECTION 2.  Section 15(c)(1), Article 42.12, Code of 
Criminal Procedure, is amended to read as follows:
		(1)  A judge may impose any condition of community 
supervision on a defendant that the judge could impose on a 
defendant placed on supervision for an offense other than a state 
jail felony[, except that the judge may impose on the defendant a 
condition that the defendant submit to a period of confinement in a 
county jail under Section 5 or 12 of this article only if the term 
does not exceed 90 days].
	SECTION 3.  (a)  The change in law made by this Act to Section 
4(d), Article 42.12, Code of Criminal Procedure, applies to a 
defendant who on or after the effective date of this Act files the 
motion required by Section 4(e), Article 42.12, Code of Criminal 
Procedure, for jury-recommended community supervision, regardless 
of whether the offense with which the defendant is charged was 
committed before, on, or after the effective date of this Act.
	(b)  The change in law made by this Act to Section 15(c)(1), 
Article 42.12, Code of Criminal Procedure, applies only to a 
defendant originally placed on community supervision on or after 
the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.