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A BILL TO BE ENTITLED
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AN ACT
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relating to a court's jurisdiction to suspend the sentence imposed |
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for a felony and place the defendant on community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) For the purposes of this section, the jurisdiction of a |
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court in which a sentence requiring imprisonment in the |
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institutional division of the Texas Department of Criminal Justice |
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is imposed by the judge of the court shall continue for two years |
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[180 days] from the date the execution of the sentence actually |
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begins. Before the expiration of two years [180 days] from the date |
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the execution of the sentence actually begins, the judge of the |
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court that imposed such sentence may on his own motion, on the |
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motion of the attorney representing the state, or on the written |
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motion of the defendant, suspend further execution of the sentence |
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and place the defendant on community supervision under the terms |
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and conditions of this article, if in the opinion of the judge the |
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defendant would not benefit from further imprisonment and: |
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(1) the defendant is otherwise eligible for community |
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supervision under this article; and |
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(2) the defendant had never before been incarcerated |
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in a penitentiary serving a sentence for a felony. |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant over whom a court has jurisdiction according to the |
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provisions of Section 6(a), Article 42.12, Code of Criminal |
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Procedure, as amended by this Act, on or after the effective date of |
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this Act. A defendant over whom a court's jurisdiction under |
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Section 6(a), Article 42.12, Code of Criminal Procedure, expired |
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before the effective date of this Act is covered by the law in |
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effect when the jurisdiction expired, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |