By: Toth H.B. No. 2803

A BILL TO BE ENTITLED

AN ACT

relating to the procedures applicable to state jail felony community supervision and to the punishment prescribed for certain state jail felonies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 15(a), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(a)(1) Except as provided by Subdivision (2), on [On] conviction of a state jail felony [under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is] punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision.

(2) On conviction of a state jail felony punished under Section 12.35(a), Penal Code, the judge may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed if [, unless] the defendant:

(A) was convicted of an state jail felony involving the possession of a controlled substance under:

(i) [has previously been convicted of a felony, other than a felony punished under Section 12.44(a), Penal Code, or unless the conviction resulted from an adjudication of the guilt of a defendant previously placed on deferred adjudication community supervision for the offense, in which event the judge may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed. The provisions of this subdivision requiring the judge to suspend the imposition of the sentence and place the defendant on community supervision do not apply to a defendant who:

[(A) under] Section 481.1151(b)(1), Health and Safety Code, and the defendant possessed more than five abuse units of the controlled substance;

(ii) [(B) under] Section 481.1161(b)(3), Health and Safety Code, and the defendant possessed more than one pound, by aggregate weight, including adulterants or dilutants, of the controlled substance; or

(iii) [(C) under] Section 481.121(b)(3), Health and Safety Code, and the defendant possessed more than one pound of marihuana;

(B) has been previously convicted of:

(i) any felony other than a state jail felony; or

(ii) any misdemeanor under Title 5 or 6, Penal Code;

(C) has been previously convicted on three or more occasions of a state jail felony; or

(D) was previously placed on deferred adjudication community supervision for the offense and is convicted following an adjudication of guilt.

[(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 suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed.]

(3) The judge may suspend in whole or in part the imposition of any fine imposed on conviction.

SECTION 2. Section 12.425, Penal Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) If it is shown on the trial of a state jail felony punishable under Section 12.35(a) that the defendant has previously been finally convicted of three state jail felonies for which the defendant was placed on community supervision under Section 15(a)(1), Article 42.12, Code of Criminal Procedure, on conviction the defendant may be punished for a felony of the second degree.

SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former 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.

SECTION 4. This Act takes effect September 1, 2013.