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A BILL TO BE ENTITLED
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AN ACT
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relating to the proportionality of criminal sentences and to the |
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consequences of a defendant's violating a condition of community |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.021 to read as follows: |
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Art. 42.021. PURPOSE OF SENTENCE. (a) The purpose of a |
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sentence is to: |
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(1) provide punishment that is likely to reduce the |
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chance that the defendant will recidivate; |
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(2) rehabilitate the defendant, while recognizing |
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that different rehabilitation strategies are appropriate for |
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different defendants; and |
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(3) impose penalties on the defendant that are |
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proportionate to the seriousness of the offense for which the |
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defendant is sentenced. |
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(b) A sentence should be appropriate for the offense |
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committed and the defendant being sentenced. |
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SECTION 2. Section 21, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (f) to read as follows: |
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(f) A court may proceed with an adjudication of guilt under |
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Section 5(b), increase the period of community supervision under |
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Section 22, or revoke community supervision under Section 23 only |
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if the court determines that the defendant's violation of a |
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condition of community supervision was intentional. For purposes |
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of this subsection, a defendant's violation of a condition of |
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community supervision is presumed to be intentional if the |
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violation is the defendant's commission of a subsequent offense. |
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SECTION 3. Section 22, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (e) to read as follows: |
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(e) A sanction imposed on a defendant under this section for |
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violating a condition of community supervision must be proportional |
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to the nature and severity of the violation. |
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SECTION 4. Section 21(f), Article 42.12, Code of Criminal |
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Procedure, as added by this Act, applies only to a hearing held |
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under Section 5(b) or Section 21, Article 42.12, Code of Criminal |
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Procedure, on or after the effective date of this Act. A hearing |
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held under Section 5(b) or Section 21, Article 42.12, Code of |
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Criminal Procedure, before the effective date of this Act is |
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governed by the law in effect at the time of the hearing, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |