Amend CSSB 213 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 9(a), Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(a) Except as provided by Subsection (g) [of this section], before the imposition of sentence by a judge in a felony case, and except as provided by Subsection (b) [of this section], before the imposition of sentence by a judge in a misdemeanor case the judge shall direct a supervision officer to report to the judge in writing on the circumstances of the offense with which the defendant is charged, the amount of restitution necessary to adequately compensate a victim of the offense, the criminal and social history of the defendant, and any other information relating to the defendant or the offense requested by the judge. It is not necessary that the report contain a sentencing recommendation, but the report must contain a proposed client supervision plan describing programs and sanctions that the community supervision and corrections department would provide the defendant if the judge suspended the imposition of the sentence or granted deferred adjudication. If the defendant is charged with a state jail felony, the report must contain recommendations for conditions of community supervision that the community supervision and corrections department considers advisable or appropriate based on the circumstances of the offense and other factors addressed in the report.
SECTION ____. Section 15(a)(2), Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(2) On conviction of a state jail felony punished under Section 12.35(a), Penal Code, other than a state jail felony listed in Subdivision (1), the judge may:
(A) suspend the imposition of the sentence and place the defendant on community supervision; or
(B) [may] order the sentence to be executed:
(i) in whole; or
(ii) in part, with a term of community supervision to commence immediately on release of the defendant from confinement.
SECTION ____. Section 15(c)(1), Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(1) Before imposing a sentence in a state jail felony case, the judge shall review the presentence investigation report prepared for the defendant under Section 9 and shall determine whether the best interests of justice require the judge to suspend the imposition of the sentence and place the defendant on community supervision or to order the sentence to be executed in whole or in part as provided by Subsection (a)(2). A judge may impose any condition of community supervision on a defendant that the judge could impose on a defendant placed on supervision for an offense other than a state jail felony and, if the judge suspends the execution of the sentence or orders the execution of the sentence only in part, shall impose conditions of community supervision consistent with the recommendations contained in the presentence investigation report prepared for the defendant.
SECTION ____. The changes in law made by this Act to Sections 9 and 15, Article 42.12, Code of Criminal Procedure, apply only to the sentencing and placement on community supervision of a defendant for an offense that is committed on or after the effective date of this Act. The sentencing and placement on community supervision of a defendant for an offense that is committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and that law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.