80R4033 PEP-D

By: Haggerty H.B. No. 1514

A BILL TO BE ENTITLED

AN ACT

relating to presentence or postsentence investigations or reports and to certain conditions of community supervision based on those investigations or reports.

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

SECTION 1. Sections 9(a), (j), and (k), Article 42.12, Code of Criminal Procedure, are amended to read as follows:

(a) Except as provided by Subsection (g) [of this section], before the imposition of sentence by a judge in a felony case, and except as provided by Subsection (b) [of this section], before the imposition of sentence by a judge in a misdemeanor case, the judge shall direct a supervision officer to report to the judge in writing on the circumstances of the offense with which the defendant is charged, including any [the amount of restitution necessary to adequately compensate a victim of the offense, the criminal and social history of the defendant, and any other] information [relating to the defendant or the offense] requested by the judge that relates to the defendant or the offense and that will permit the meaningful exercise of sentencing discretion. [It is not necessary that the report contain a sentencing recommendation, but the report must contain a proposed client supervision plan describing programs and sanctions that the community supervision and corrections department would provide the defendant if the judge suspended the imposition of the sentence or granted deferred adjudication.]

(j) The judge by order may direct that any information and records that are not privileged and that are relevant to a report required by Subsection (a) or Subsection (k) [of this section] be released to an officer conducting a presentence investigation [under Subsection (i) of this section] or a postsentence report under [Subsection (k) of] this section. The judge may also issue a subpoena to obtain that information. A report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only:

(1) to those persons and under those circumstances authorized under Subsections (d), (e), (f), and [(h),] (k)[,] and Section 9A [(l) of this section];

(2) pursuant to Section 614.017, Health and Safety Code; or

(3) as directed by the judge for the effective supervision of the defendant.

(k) If a presentence report in a felony case is not required under this section, the judge may direct the officer to prepare a postsentence report containing the same information the judge [that] would have [been] required for a [the] presentence report, other than [a proposed client supervision plan and] any information that is reflected in the judgment. If the postsentence report is ordered, the officer shall send the report to the clerk of the court not later than the 30th day after the date on which sentence is pronounced or deferred adjudication is granted, and the clerk shall deliver the postsentence report with the papers in the case to a designated officer of the Texas Department of Criminal Justice, as described by Section 8(a), Article 42.09.

SECTION 2. Section 11(d), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(d) If the judge places a defendant on community supervision and the defendant is determined to have a mental illness or be a person with mental retardation by an examining expert under Article 16.22 or Chapter 46B or in a psychological evaluation conducted as part of a presentence investigation under Section 9 [Section 9(i) of this article], the judge may require the defendant as a condition of community supervision to submit to outpatient or inpatient mental health or mental retardation treatment if the:

(1) defendant's:

(A) mental impairment is chronic in nature; or

(B) ability to function independently will continue to deteriorate if the defendant does not receive mental health or mental retardation services; and

(2) judge determines, in consultation with a local mental health or mental retardation services provider, that appropriate mental health or mental retardation services for the defendant are available through the Texas Department of Mental Health and Mental Retardation under Section 534.053, Health and Safety Code, or through another mental health or mental retardation services provider.

SECTION 3. Section 13(f), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(f) If a judge grants community supervision to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, and if before receiving community supervision the defendant has not submitted to an evaluation as part of a presentence investigation under Section 9 of this article, the judge shall require the defendant to submit to the evaluation as a condition of community supervision. If the evaluation indicates to the judge that the defendant is in need of treatment for drug or alcohol dependency, the judge shall require the defendant to submit to that treatment as a condition of community supervision in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse or in a program or facility that complies with standards established by the community justice assistance division of the Texas Department of Criminal Justice, after consultation by the division with the commission.

SECTION 4. Section 1, Article 42.01, Code of Criminal Procedure, is amended to read as follows:

Sec. 1. A judgment is the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal of the defendant. The sentence served shall be based on the information contained in the judgment. The judgment shall reflect:

1. The title and number of the case;

2. That the case was called and the parties appeared, naming the attorney for the state, the defendant, and the attorney for the defendant, or, where a defendant is not represented by counsel, that the defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel;

3. The plea or pleas of the defendant to the offense charged;

4. Whether the case was tried before a jury or a jury was waived;

5. The submission of the evidence, if any;

6. In cases tried before a jury that the jury was charged by the court;

7. The verdict or verdicts of the jury or the finding or findings of the court;

8. In the event of a conviction that the defendant is adjudged guilty of the offense as found by the verdict of the jury or the finding of the court, and that the defendant be punished in accordance with the jury's verdict or the court's finding as to the proper punishment;

9. In the event of conviction where death or any punishment is assessed that the defendant be sentenced to death, a term of confinement or community supervision, or to pay a fine, as the case may be;

10. In the event of conviction where the imposition of sentence is suspended and the defendant is placed on community supervision, setting forth the punishment assessed, the length of community supervision, and the conditions of community supervision;

11. In the event of acquittal that the defendant be discharged;

12. The county and court in which the case was tried and, if there was a change of venue in the case, the name of the county in which the prosecution was originated;

13. The offense or offenses for which the defendant was convicted;

14. The date of the offense or offenses and degree of offense for which the defendant was convicted;

15. The term of sentence;

16. The date judgment is entered;

17. The date sentence is imposed;

18. The date sentence is to commence and any credit for time served;

19. The terms of any order entered pursuant to Article 42.08 [of this code] that the defendant's sentence is to run cumulatively or concurrently with another sentence or sentences;

20. The terms of any plea bargain;

21. Affirmative findings entered pursuant to Subsection (a)(2), [Subdivision (2) of Subsection (a) of] Section 3g, [of] Article 42.12 [of this code];

22. The terms of any fee payment ordered under Article 42.151 [of this code];

23. The defendant's thumbprint taken in accordance with Article 38.33 [of this code];

24. In the event that the judge orders the defendant to repay a reward or part of a reward under Articles 37.073 and 42.152 [of this code], a statement of the amount of the payment or payments required to be made;

25. In the event that the court orders restitution to be paid to the victim, a statement of the amount of restitution ordered and:

(A) the name of the victim and the permanent mailing address of the victim at the time of the judgment; or

(B) if the court determines that the inclusion of the victim's name and address in the judgment is not in the best interest of the victim, the name and address of a person or agency that will accept and forward restitution payments to the victim;

26. [In the event that a presentence investigation is required by Section 9(a), (b), (h), or (i), Article 42.12 of this code, a statement that the presentence investigation was done according to the applicable provision;

[27.] In the event of conviction of an offense for which registration as a sex offender is required under Chapter 62, a statement that the registration requirement of that chapter applies to the defendant and a statement of the age of the victim of the offense;

27. [28.] The defendant's state identification number required by Section 60.052(a)(2), if that number has been assigned at the time of the judgment; and

28. [29.] The incident number required by Section 60.052(a)(4), if that number has been assigned at the time of the judgment.

SECTION 5. Section 20, Chapter 892, Acts of the 78th Legislature, Regular Session, 2003, which amended former Section 9(l), Article 42.12, Code of Criminal Procedure, is repealed.

SECTION 6. Sections 9(h) and (i), Article 42.12, Code of Criminal Procedure, are repealed.

SECTION 7. This Act applies only to the prosecution of a criminal case in which the indictment or information is filed on or after the effective date of this Act. The prosecution of a criminal case in which the indictment or information is filed before the effective date of this Act is covered by the law in effect when the indictment or information is filed, and the former law is continued in effect for this purpose.

SECTION 8. This Act takes effect September 1, 2007.