|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a judge's findings when sentencing persons convicted of |
|
certain drug possession offenses to a term of confinement. |
|
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 by adding Subdivision (4) to read as follows: |
|
(4) A judge who chooses not to suspend the imposition |
|
of a sentence requiring confinement must state on the record and in |
|
writing the judge's reasons for requiring confinement instead of |
|
placing the defendant on community supervision or requiring the |
|
defendant to submit to a treatment program or other alternative to |
|
confinement and place a copy of the written statement in the papers |
|
in the case. |
|
SECTION 2. Subchapter C, Chapter 72, Government Code, is |
|
amended by adding Section 72.031 to read as follows: |
|
Sec. 72.031. COLLECTION OF DATA REGARDING SENTENCING FOR |
|
DRUG POSSESSION OFFENSES. (a) The office annually shall collect |
|
data relating to sentencing of persons who are convicted of |
|
offenses involving the possession of a controlled substance or |
|
marihuana based on copies of written statements made by sentencing |
|
judges under Section 15(a)(4), Article 42.12, Code of Criminal |
|
Procedure, and placed in the papers in the case. |
|
(b) Not later than December 1 of each year, the office shall |
|
publish on its Internet website the data collected under Subsection |
|
(a) covering the previous state fiscal year. |
|
SECTION 3. The Office of Court Administration of the Texas |
|
Judicial System is not required to publish a report under Section |
|
72.031, Government Code, as added by this Act, before December 1, |
|
2014. |
|
SECTION 4. The change in law made by this Act applies to a |
|
person convicted of an offense involving the possession of a |
|
controlled substance or marihuana who is sentenced on or after the |
|
effective date of this Act, regardless of whether the offense is |
|
committed before, on, or after the effective date of this Act. |
|
SECTION 5. This Act takes effect September 1, 2013. |