| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the exercise of judicial discretion with respect to |
|
|
placing certain felony offenders on community supervision and |
|
|
requiring a term of confinement as a condition of that supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 3g, Article 42.12, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Sec. 3g. [LIMITATION ON] JUDGE ORDERED COMMUNITY |
|
|
SUPERVISION FOR CERTAIN FELONIES. (a) In a felony case in which |
|
|
the defendant is convicted of or enters a plea of guilty or nolo |
|
|
contendere to an offense listed in Subdivision (1) or for which the |
|
|
judgment contains an affirmative finding under Subdivision (2), the |
|
|
judge may impose a period of community supervision in accordance |
|
|
with Section 3. This subsection applies to [The provisions of
|
|
|
Section 3 of this article do not apply]: |
|
|
(1) a case involving [to a defendant adjudged guilty
|
|
|
of] an offense under: |
|
|
(A) Section 19.02, Penal Code (Murder); |
|
|
(B) Section 19.03, Penal Code (Capital murder); |
|
|
(C) Section 21.11(a)(1), Penal Code (Indecency |
|
|
with a child); |
|
|
(D) Section 20.04, Penal Code (Aggravated |
|
|
kidnapping); |
|
|
(E) Section 22.021, Penal Code (Aggravated |
|
|
sexual assault); |
|
|
(F) Section 29.03, Penal Code (Aggravated |
|
|
robbery); |
|
|
(G) Chapter 481, Health and Safety Code, for |
|
|
which punishment is increased under: |
|
|
(i) Section 481.140, Health and Safety |
|
|
Code; or |
|
|
(ii) Section 481.134(c), (d), (e), or (f), |
|
|
Health and Safety Code, if it is shown that the defendant has been |
|
|
previously convicted of an offense for which punishment was |
|
|
increased under any of those subsections; or |
|
|
(H) Section 22.011, Penal Code (Sexual assault); |
|
|
or |
|
|
(2) a case in which the trial court makes an |
|
|
affirmative finding [to a defendant when it is shown] that a deadly |
|
|
weapon as defined in Section 1.07, Penal Code, was used or exhibited |
|
|
during the commission of a felony offense or during immediate |
|
|
flight therefrom, and that the defendant used or exhibited the |
|
|
deadly weapon or was a party to the offense and knew that a deadly |
|
|
weapon would be used or exhibited[. On an affirmative finding under
|
|
|
this subdivision], in which event the trial court shall enter the |
|
|
finding in the judgment of the court. On an affirmative finding |
|
|
that the deadly weapon was a firearm, the court shall enter that |
|
|
finding in the [its] judgment of the court. |
|
|
(b) If there is an affirmative finding under Subsection |
|
|
(a)(2) in the trial of a felony of the second degree or higher that |
|
|
the deadly weapon used or exhibited was a firearm and the defendant |
|
|
is granted community supervision, the court may order the defendant |
|
|
confined in the [institutional division of the] Texas Department of |
|
|
Criminal Justice as provided by Section 6 [for not less than 60 and
|
|
|
not more than 120 days. At any time after the defendant has served
|
|
|
60 days in the custody of the institutional division, the
|
|
|
sentencing judge, on his own motion or on motion of the defendant,
|
|
|
may order the defendant released to community supervision. The
|
|
|
institutional division shall release the defendant to community
|
|
|
supervision after he has served 120 days]. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
a defendant charged with an offense committed on or after the |
|
|
effective date of this Act. A defendant charged with an offense |
|
|
committed before the effective date of this Act is governed by the |
|
|
law in effect when the offense was committed, and the former law is |
|
|
continued in effect for that purpose. For purposes of this section, |
|
|
an offense was committed before the effective date of this Act if |
|
|
any element of the offense was committed before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |