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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a defendant who is convicted of |
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certain violent crimes for 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); |
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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 convicted [adjudged guilty] of an offense for |
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which punishment is increased under Section 481.134(c), (d), (e), |
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or (f), Health and Safety Code, if it is shown that the defendant |
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has been previously convicted of an offense for which punishment |
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was increased under any one of those subsections; or |
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(5) is convicted of an offense listed in Section 3g |
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(a)(1). |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |