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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that a judge release on community |
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supervision certain defendants convicted of certain state jail |
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felonies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15(a)(1), Article 42.12, Code of |
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Criminal Procedure, is amended to read as follows: |
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(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, other than a felony punished under Section 12.44(a), |
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Penal Code, in which event 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. 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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SECTION 2. The change in law made by this Act applies only |
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to a defendant who is convicted of a state jail felony on or after |
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the effective date of this Act. A defendant convicted before the |
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effective date of this Act is covered by the law in effect on the |
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date of the conviction, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |