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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial discretion to order a sentence executed for a |
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defendant placed on deferred adjudication community supervision |
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for certain state jail felonies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15(a)(1), Article 42.12, Code of |
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Criminal Procedure, is amended to read as follows: |
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(1) On conviction of a state jail felony under Section |
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481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or |
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481.129(g)(1), Health and Safety Code, that is punished under |
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Section 12.35(a), Penal Code, the judge shall suspend the |
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imposition of the sentence and place the defendant on community |
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supervision, unless the defendant has previously been convicted of |
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a felony or unless the conviction resulted from an adjudication of |
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the guilt of a defendant previously placed on deferred adjudication |
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community supervision for the offense, in which event the judge may |
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suspend the imposition of the sentence and place the defendant on |
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community supervision or may order the sentence to be executed. The |
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provisions of this subdivision requiring the judge to suspend the |
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imposition of the sentence and place the defendant on community |
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supervision do not apply to a defendant who under Section |
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481.1151(b)(1), Health and Safety Code, possessed more than five |
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abuse units of the controlled substance or under Section |
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481.121(b)(3), Health and Safety Code, possessed more than one |
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pound of marihuana. |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant placed on deferred adjudication community |
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supervision for an offense committed on or after the effective date |
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of this Act. A defendant placed on deferred adjudication for an |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |