79R7520 PEP-D

By:  Haggerty                                                     H.B. No. 1886



A BILL TO BE ENTITLED

AN ACT

relating to the imposition of community supervision on a defendant 
convicted of a state jail felony.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 3(e), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(e)  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[; or
		[(2)  is sentenced to serve a term of confinement under 
Section 12.35, Penal Code].
	SECTION 2.  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 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
		(3) [(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 3.  The change in law made by this Act applies only 
to  an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
governed by the law in effect when the offense was committed, and 
the former law is continued in effect for that purpose.  For 
purposes of this section, an offense was committed before the 
effective date of this Act if any element of the offense was 
committed before that date.
	SECTION 4.  This Act takes effect September 1, 2005.