80R2353 KCR-D

By: Turner H.B. No. 1075

A BILL TO BE ENTITLED

AN ACT

relating to the proportionality of criminal sentences and to the consequences of a defendant's violating a condition of community supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.021 to read as follows:

Art. 42.021. PURPOSE OF SENTENCE. (a) The purpose of a sentence is to:

(1) provide punishment that is likely to reduce the chance that the defendant will recidivate;

(2) rehabilitate the defendant, while recognizing that different rehabilitation strategies are appropriate for different defendants; and

(3) impose penalties on the defendant that are proportionate to the seriousness of the offense for which the defendant is sentenced.

(b) A sentence should be appropriate for the offense committed and the defendant being sentenced.

SECTION 2. Section 5(b), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(b) On violation of a condition of community supervision imposed under Subsection (a) of this section, the defendant may be arrested and detained as provided in Section 21 of this article. The defendant is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. An [No] appeal may not be taken from this determination during the hearing at which the determination is made. After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant's appeal continue as if the adjudication of guilt had not been deferred. A court assessing punishment after an adjudication of guilt of a defendant charged with a state jail felony may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed, regardless of whether the defendant has previously been convicted of a felony.

SECTION 3. Section 21, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (f) to read as follows:

(f) A court may proceed with an adjudication of guilt under Section 5(b), increase the period of community supervision under Section 22, or revoke community supervision under Section 23 only if the court determines that the defendant's violation of a condition of community supervision was intentional. For purposes of this subsection, a defendant's violation of a condition of community supervision is presumed to be intentional if the violation is the defendant's commission of a subsequent offense.

SECTION 4. Section 22, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (e) to read as follows:

(e) A sanction imposed on a defendant under this section for violating a condition of community supervision must be proportional to the nature and severity of the violation.

SECTION 5. Section 21(f), Article 42.12, Code of Criminal Procedure, as added by this Act, applies only to a hearing held under Section 5(b) or Section 21, Article 42.12, Code of Criminal Procedure, on or after the effective date of this Act. A hearing held under Section 5(b) or Section 21, Article 42.12, Code of Criminal Procedure, before the effective date of this Act is governed by the law in effect at the time of the hearing, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2007.