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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain defendants for |
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jury-recommended community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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); or |
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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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[(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 2. Section 4(e), Article 42.12, Code of Criminal |
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Procedure, is repealed. |
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SECTION 3. This Act takes effect September 1, 2007. |