By: Huffman S.B. No. 153
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a judge to suspend the imposition of a
  sentence and place a defendant on community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 4, Article 42.12, Code
  of Criminal Procedure, is amended to read as follows:
         (a)  A jury that imposes confinement as punishment for an
  offense may recommend to the judge that the judge suspend the
  imposition of the sentence and place the defendant on community
  supervision. A judge shall suspend the imposition of the sentence
  and place the defendant on community supervision if the jury makes
  that recommendation in the verdict. Where a defendant elects to
  have the jury assess the sentence, a judge may not suspend the
  imposition of the sentence and place the defendant on community
  supervision if the jury does not make that recommendation in the
  verdict.
         SECTION 2.  The change in law made by this Act applies only
  to the sentence imposed in a criminal trial that commences on or
  after the effective date of this Act. The sentence imposed in a
  criminal trial commenced before the effective date of this Act is
  governed by the law in effect when the trial commenced, and the
  former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.