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A BILL TO BE ENTITLED
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AN ACT
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relating to a judge's findings when sentencing persons convicted of |
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certain drug possession offenses to a term of confinement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.024 to read as follows: |
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Art. 42.024. SENTENCING FOR DRUG POSSESSION OFFENSES. (a) |
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A judge who sentences a defendant convicted of an offense under |
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Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or |
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481.121, Health and Safety Code, to a term of confinement and orders |
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the sentence to be immediately executed shall state on the record |
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and in writing the judge's reasons for requiring confinement |
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instead of placing the defendant on community supervision or |
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requiring the defendant to submit to a treatment program or other |
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alternative to confinement and place a copy of the written |
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statement in the papers in the case. |
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(b) This section does not apply to a defendant who has |
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previously been convicted of a felony offense involving violence or |
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an offense for which the defendant is required to register as a sex |
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offender under Chapter 62. |
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SECTION 2. Subchapter C, Chapter 72, Government Code, is |
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amended by adding Section 72.031 to read as follows: |
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Sec. 72.031. COLLECTION OF DATA REGARDING SENTENCING FOR |
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DRUG POSSESSION OFFENSES. (a) The office annually shall collect |
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data relating to sentencing of persons who are convicted of |
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offenses involving the possession of a controlled substance or |
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marihuana based on copies of written statements made by sentencing |
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judges under Article 42.024, Code of Criminal Procedure, and placed |
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in the papers in the case. |
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(b) Not later than December 1 of each year, the office shall |
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publish on its Internet website the data collected under Subsection |
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(a) covering the previous state fiscal year. |
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SECTION 3. The Office of Court Administration of the Texas |
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Judicial System is not required to publish a report under Section |
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72.031, Government Code, as added by this Act, before December 1, |
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2014. |
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SECTION 4. The change in law made by this Act applies to a |
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person convicted of an offense involving the possession of a |
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controlled substance or marihuana who is sentenced on or after the |
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effective date of this Act, regardless of whether the offense is |
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committed before, on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2013. |