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A BILL TO BE ENTITLED
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AN ACT
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relating to information included in the judgment in a criminal |
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case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of |
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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 and address of a person or agency |
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that will accept and forward restitution payments to the victim; or |
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(B) if the court specifically elects to have |
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payments made directly to the crime victim, the name and permanent |
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address of the victim at the time of judgment; |
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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 which |
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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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28. The defendant's state identification number |
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required by Article [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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29. The incident number required by Article [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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30. If available, the defendant's driver's license |
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number or personal identification certificate number issued by: |
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(A) the Department of Public Safety; or |
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(B) the equivalent agency in another state; and |
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31. The defendant's date of birth. |
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SECTION 2. The change in law made by this Act applies only |
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to a judgment in a criminal case entered on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |