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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a judge to suspend the imposition of a |
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sentence and place a defendant on 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(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) A jury that imposes confinement as punishment for an |
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offense may recommend to the judge that the judge suspend the |
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imposition of the sentence and place the defendant on community |
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supervision. A judge shall suspend the imposition of the sentence |
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and place the defendant on community supervision if the jury makes |
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that recommendation in the verdict. A judge may not suspend the |
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imposition of the sentence and place the defendant on community |
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supervision if the jury does not make that recommendation in the |
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verdict. |
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SECTION 2. The change in law made by this Act applies only |
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to the sentence imposed in a criminal trial that commences on or |
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after the effective date of this Act. The sentence imposed in a |
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criminal trial commenced before the effective date of this Act is |
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governed by the law in effect when the trial commenced, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |