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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial discretion to place a defendant convicted of a |
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state jail felony on community supervision or to reduce or |
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terminate the term of that supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3(e), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(e) A defendant is not eligible for community supervision |
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under this section if the defendant[:
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[(1)] is sentenced to a term of imprisonment that |
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exceeds 10 years[; or
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[(2) is sentenced to serve a term of confinement under
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Section 12.35, Penal Code]. |
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SECTION 2. Section 4(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A defendant is not eligible for community supervision |
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under this section if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) [is convicted of a state jail felony for which
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suspension of the imposition of the sentence occurs automatically
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under Section 15(a);
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[(3)] does not file a sworn motion under Subsection (e) |
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of this section or for whom the jury does not enter in the verdict a |
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finding that the information contained in the motion is true; or |
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(3) [(4)] is adjudged guilty of an offense for which |
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punishment is increased under Section 481.134(c), (d), (e), or (f), |
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Health and Safety Code, if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any one of those subsections. |
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SECTION 3. Section 15(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) [(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, in which event the judge may suspend the imposition of the
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sentence and place the defendant on community supervision or may
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order the sentence to be executed. The provisions of this
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subdivision requiring the judge to suspend the imposition of the
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sentence and place the defendant on community supervision do not
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apply to a defendant who under Section 481.1151(b)(1), Health and
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Safety Code, possessed more than five abuse units of the controlled
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substance or under Section 481.121(b)(3), Health and Safety Code,
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possessed more than one pound of marihuana.
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[(2)] On conviction of a state jail felony punished |
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under Section 12.35(a), Penal Code, [other than a state jail felony
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listed in Subdivision (1),] the judge may suspend the imposition of |
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the sentence and place the defendant on community supervision or |
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may order the sentence to be executed. |
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SECTION 4. Section 15(c)(2), Article 42.12, Code of |
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Criminal Procedure, is amended to read as follows: |
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(2) Except as otherwise provided by Subdivision (3), a |
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judge who places a defendant on community supervision for an |
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offense punishable as a state jail felony under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.121(b)(3), or 481.129(g)(1), |
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Health and Safety Code, [listed in Subsection (a)(1)] shall require |
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the defendant to comply with substance abuse treatment conditions |
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that are consistent with standards adopted by the Texas Board of |
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Criminal Justice under Section 509.015, Government Code. |
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SECTION 5. Section 20(b), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) This section does not apply to a defendant convicted of |
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an offense under Sections 49.04-49.08, Penal Code, or a defendant |
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convicted of an offense for which on conviction registration as a |
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sex offender is required under Chapter 62[, as added by Chapter 668,
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Acts of the 75th Legislature, Regular Session, 1997, or a defendant
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convicted of an offense punishable as a state jail felony]. |
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SECTION 6. (a) Except as provided by Subsection (b), the |
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change in law made by this Act applies only to a defendant convicted |
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of an offense committed on or after the effective date of this Act. |
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A defendant convicted of an offense committed before the effective |
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date of this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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(b) Section 20(b), Article 42.12, Code of Criminal |
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Procedure, as amended by this Act, applies to a defendant placed on |
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community supervision for an offense committed before, on, or after |
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the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2007. |