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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. Section 15(a), Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subdivision (4) to read as follows: |
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(4) A judge who chooses not to suspend the imposition |
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of a sentence requiring confinement must state on the record and in |
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writing the judge's reasons for requiring confinement instead of |
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placing the defendant on community supervision or requiring the |
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defendant to submit to a treatment program or other alternative to |
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confinement and place a copy of the written statement in the papers |
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in the case. |
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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 Section 15(a)(4), Article 42.12, Code of Criminal |
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Procedure, and placed 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. |