79R6408 PEP-F

By:  Hamilton                                                     H.B. No. 2992



A BILL TO BE ENTITLED

AN ACT

relating to judicial discretion to impose certain conditions of 
community supervision or to order a sentence executed.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 12(a), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(a)(1)  If a judge having jurisdiction of a misdemeanor case 
requires as a condition of community supervision that the defendant 
submit to a period of confinement in a county jail, the period of 
confinement may not exceed 30 days. If a judge having jurisdiction 
of a felony case requires as a condition of community supervision 
that the defendant submit at the beginning of the period of 
community supervision to a period of confinement in a county jail, 
the period of confinement may not exceed 180 days.
		(2)  In a felony case, if the judge under Section 22 
continues or modifies community supervision, the judge may impose 
as a condition of the continuation or modification that the 
defendant submit to a period of confinement in a county jail.  A 
period of confinement imposed on a defendant under this 
subdivision, when added to a period imposed on the defendant under 
Subdivision (1), may not exceed 360 days.
	SECTION 2.  Section 15(a)(1), Article 42.12, Code of 
Criminal Procedure, is amended to read as follows:
		(1) On conviction of a state jail felony under Section 
481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or 
481.129(g)(1), Health and Safety Code, that is punished under 
Section 12.35(a), Penal Code, the judge shall suspend the 
imposition of the sentence and place the defendant on community 
supervision, unless the defendant has previously been convicted of 
or placed on deferred adjudication for a felony, in which event the 
judge may suspend the imposition of the sentence and place the 
defendant on community supervision or may order the sentence to be 
executed.  The provisions of this subdivision requiring the judge 
to suspend the imposition of the sentence and place the defendant on 
community supervision do not apply to a defendant who under Section 
481.1151(b)(1), Health and Safety Code, possessed more than five 
abuse units of the controlled substance or under Section 
481.121(b)(3), Health and Safety Code, possessed more than one 
pound of marihuana.
	SECTION 3.  The change in law made by this Act applies only 
to  a defendant placed on community supervision for an offense 
committed on or after the effective date of this Act.  A defendant 
placed on community supervision for 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.