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A BILL TO BE ENTITLED
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AN ACT
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relating to presentence or postsentence investigations or reports |
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and to certain conditions of community supervision based on those |
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investigations or reports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 9(a), (j), and (k), Article 42.12, Code |
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of Criminal Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection (g) [of this section], |
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before the imposition of sentence by a judge in a felony case, and |
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except as provided by Subsection (b) [of this section], before the |
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imposition of sentence by a judge in a misdemeanor case, the judge |
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shall direct a supervision officer to report to the judge in writing |
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on the circumstances of the offense with which the defendant is |
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charged, including any [the amount of restitution necessary to
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adequately compensate a victim of the offense, the criminal and
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social history of the defendant, and any other] information |
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[relating to the defendant or the offense] requested by the judge |
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that relates to the defendant or the offense and that will permit |
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the meaningful exercise of sentencing discretion. [It is not
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necessary that the report contain a sentencing recommendation, but
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the report must contain a proposed client supervision plan
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describing programs and sanctions that the community supervision
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and corrections department would provide the defendant if the judge
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suspended the imposition of the sentence or granted deferred
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adjudication.] |
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(j) The judge by order may direct that any information and |
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records that are not privileged and that are relevant to a report |
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required by Subsection (a) or Subsection (k) [of this section] be |
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released to an officer conducting a presentence investigation |
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[under Subsection (i) of this section] or a postsentence report |
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under [Subsection (k) of] this section. The judge may also issue a |
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subpoena to obtain that information. A report and all information |
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obtained in connection with a presentence investigation or |
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postsentence report are confidential and may be released only: |
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(1) to those persons and under those circumstances |
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authorized under Subsections (d), (e), (f), and [(h),] (k)[,] and |
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Section 9A [(l) of this section]; |
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(2) pursuant to Section 614.017, Health and Safety |
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Code; or |
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(3) as directed by the judge for the effective |
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supervision of the defendant. |
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(k) If a presentence report in a felony case is not required |
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under this section, the judge may direct the officer to prepare a |
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postsentence report containing the same information the judge |
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[that] would have [been] required for a [the] presentence report, |
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other than [a proposed client supervision plan and] any information |
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that is reflected in the judgment. If the postsentence report is |
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ordered, the officer shall send the report to the clerk of the court |
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not later than the 30th day after the date on which sentence is |
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pronounced or deferred adjudication is granted, and the clerk shall |
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deliver the postsentence report with the papers in the case to a |
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designated officer of the Texas Department of Criminal Justice, as |
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described by Section 8(a), Article 42.09. |
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SECTION 2. Section 11(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) If the judge places a defendant on community supervision |
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and the defendant is determined to have a mental illness or be a |
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person with mental retardation by an examining expert under Article |
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16.22 or Chapter 46B or in a psychological evaluation conducted as |
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part of a presentence investigation under Section 9 [Section 9(i)
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of this article], the judge may require the defendant as a condition |
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of community supervision to submit to outpatient or inpatient |
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mental health or mental retardation treatment if the: |
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(1) defendant's: |
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(A) mental impairment is chronic in nature; or |
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(B) ability to function independently will |
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continue to deteriorate if the defendant does not receive mental |
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health or mental retardation services; and |
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(2) judge determines, in consultation with a local |
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mental health or mental retardation services provider, that |
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appropriate mental health or mental retardation services for the |
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defendant are available through the Texas Department of Mental |
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Health and Mental Retardation under Section 534.053, Health and |
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Safety Code, or through another mental health or mental retardation |
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services provider. |
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SECTION 3. Section 13(f), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(f) If a judge grants community supervision to a defendant |
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convicted of an offense under Sections 49.04-49.08, Penal Code, and |
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if before receiving community supervision the defendant has not |
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submitted to an evaluation as part of a presentence investigation |
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under Section 9 of this article, the judge shall require the |
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defendant to submit to the evaluation as a condition of community |
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supervision. If the evaluation indicates to the judge that the |
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defendant is in need of treatment for drug or alcohol dependency, |
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the judge shall require the defendant to submit to that treatment as |
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a condition of community supervision in a program or facility |
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approved or licensed by the Texas Commission on Alcohol and Drug |
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Abuse or in a program or facility that complies with standards |
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established by the community justice assistance division of the |
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Texas Department of Criminal Justice, after consultation by the |
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division with the commission. |
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SECTION 4. Section 1, Article 42.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. A judgment is the written declaration of the court |
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signed by the trial judge and entered of record showing the |
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conviction or acquittal of the defendant. The sentence served |
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shall be based on the information contained in the judgment. The |
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judgment shall reflect: |
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1. The title and number of the case; |
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2. That the case was called and the parties appeared, |
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naming the attorney for the state, the defendant, and the attorney |
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for the defendant, or, where a defendant is not represented by |
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counsel, that the defendant knowingly, intelligently, and |
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voluntarily waived the right to representation by counsel; |
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3. The plea or pleas of the defendant to the offense |
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charged; |
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4. Whether the case was tried before a jury or a jury |
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was waived; |
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5. The submission of the evidence, if any; |
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6. In cases tried before a jury that the jury was |
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charged by the court; |
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7. The verdict or verdicts of the jury or the finding |
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or findings of the court; |
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8. In the event of a conviction that the defendant is |
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adjudged guilty of the offense as found by the verdict of the jury |
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or the finding of the court, and that the defendant be punished in |
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accordance with the jury's verdict or the court's finding as to the |
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proper punishment; |
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9. In the event of conviction where death or any |
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punishment is assessed that the defendant be sentenced to death, a |
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term of confinement or community supervision, or to pay a fine, as |
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the case may be; |
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10. In the event of conviction where the imposition of |
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sentence is suspended and the defendant is placed on community |
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supervision, setting forth the punishment assessed, the length of |
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community supervision, and the conditions of community |
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supervision; |
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11. In the event of acquittal that the defendant be |
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discharged; |
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12. The county and court in which the case was tried |
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and, if there was a change of venue in the case, the name of the |
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county in which the prosecution was originated; |
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13. The offense or offenses for which the defendant |
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was convicted; |
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14. The date of the offense or offenses and degree of |
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offense for which the defendant was convicted; |
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15. The term of sentence; |
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16. The date judgment is entered; |
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17. The date sentence is imposed; |
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18. The date sentence is to commence and any credit for |
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time served; |
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19. The terms of any order entered pursuant to Article |
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42.08 [of this code] that the defendant's sentence is to run |
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cumulatively or concurrently with another sentence or sentences; |
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20. The terms of any plea bargain; |
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21. Affirmative findings entered pursuant to |
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Subsection (a)(2), [Subdivision (2) of Subsection (a) of] Section |
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3g, [of] Article 42.12 [of this code]; |
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22. The terms of any fee payment ordered under Article |
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42.151 [of this code]; |
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23. The defendant's thumbprint taken in accordance |
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with Article 38.33 [of this code]; |
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24. In the event that the judge orders the defendant to |
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repay a reward or part of a reward under Articles 37.073 and 42.152 |
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[of this code], a statement of the amount of the payment or payments |
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required to be made; |
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25. In the event that the court orders restitution to |
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be paid to the victim, a statement of the amount of restitution |
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ordered and: |
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(A) the name of the victim and the permanent |
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mailing address of the victim at the time of the judgment; or |
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(B) if the court determines that the inclusion of |
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the victim's name and address in the judgment is not in the best |
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interest of the victim, the name and address of a person or agency |
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that will accept and forward restitution payments to the victim; |
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26. [In the event that a presentence investigation is
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required by Section 9(a), (b), (h), or (i), Article 42.12 of this
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code, a statement that the presentence investigation was done
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according to the applicable provision;
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[27.] In the event of conviction of an offense for |
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which registration as a sex offender is required under Chapter 62, a |
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statement that the registration requirement of that chapter applies |
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to the defendant and a statement of the age of the victim of the |
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offense; |
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27. [28.] The defendant's state identification |
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number required by Section 60.052(a)(2), if that number has been |
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assigned at the time of the judgment; and |
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28. [29.] The incident number required by Section |
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60.052(a)(4), if that number has been assigned at the time of the |
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judgment. |
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SECTION 5. Section 20, Chapter 892, Acts of the 78th |
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Legislature, Regular Session, 2003, which amended former Section |
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9(l), Article 42.12, Code of Criminal Procedure, is repealed. |
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SECTION 6. Sections 9(h) and (i), Article 42.12, Code of |
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Criminal Procedure, are repealed. |
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SECTION 7. This Act applies only to the prosecution of a |
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criminal case in which the indictment or information is filed on or |
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after the effective date of this Act. The prosecution of a criminal |
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case in which the indictment or information is filed before the |
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effective date of this Act is covered by the law in effect when the |
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indictment or information is filed, and the former law is continued |
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in effect for this purpose. |
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SECTION 8. This Act takes effect September 1, 2007. |