79R6351 PEP-F

By:  Keel                                                         H.B. No. 1759



A BILL TO BE ENTITLED

AN ACT

relating to the eligibility for jury-recommended 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 sentenced to serve a term of confinement in a 
state jail facility 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.  The change in law made by this Act 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.
	SECTION 3.  This Act takes effect September 1, 2005.