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relating to procedures for the sentencing and placement on |
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community supervision of defendants charged with the commission of |
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a state jail felony. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 9, Article 42.12, Code |
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of Criminal Procedure, is amended to read as follows: |
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(a) Except as provided by Subsection (g) [of this section], |
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before the imposition of sentence by a judge in a felony case, and |
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except as provided by Subsection (b) [of this section], before the |
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imposition of sentence by a judge in a misdemeanor case the judge |
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shall direct a supervision officer to report to the judge in writing |
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on the circumstances of the offense with which the defendant is |
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charged, the amount of restitution necessary to adequately |
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compensate a victim of the offense, the criminal and social history |
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of the defendant, and any other information relating to the |
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defendant or the offense requested by the judge. It is not |
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necessary that the report contain a sentencing recommendation, but |
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the report must contain a proposed client supervision plan |
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describing programs and sanctions that the community supervision |
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and corrections department would provide the defendant if the judge |
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suspended the imposition of the sentence or granted deferred |
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adjudication. If the defendant is charged with a state jail felony, |
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the report must contain recommendations for conditions of community |
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supervision that the community supervision and corrections |
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department considers advisable or appropriate based on the |
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circumstances of the offense and other factors addressed in the |
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report. |
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SECTION 2. Subsection (a), Section 15, Article 42.12, Code |
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of Criminal Procedure, is amended by amending Subdivision (2) and |
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adding Subdivisions (2-a) and (2-b) to read as follows: |
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(2) On conviction of a state jail felony punished |
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under Section 12.35(a), Penal Code, other than a state jail felony |
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listed in Subdivision (1), subject to Subdivision (2-a), the judge |
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may: |
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(A) suspend the imposition of the sentence and |
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place the defendant on community supervision; or |
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(B) [may] order the sentence to be executed: |
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(i) in whole; or |
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(ii) in part, with a term of community |
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supervision to commence immediately on release of the defendant |
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from confinement. |
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(2-a) In any case in which the jury assesses the |
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punishment, the judge must follow the recommendations of the jury |
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in suspending the imposition of a sentence or ordering a sentence to |
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be executed. If a jury assessing punishment does not recommend |
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community supervision, the judge must order the sentence to be |
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executed in whole. |
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(2-b) A defendant is considered to be finally |
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convicted if the judge orders the sentence to be executed under |
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Subdivision (2)(B), regardless of whether the judge orders the |
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sentence to be executed in whole or only in part. |
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SECTION 3. Subdivision (1), Subsection (c), Section 15, |
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Article 42.12, Code of Criminal Procedure, is amended to read as |
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follows: |
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(1) Before imposing a sentence in a state jail felony |
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case in which the judge assesses the punishment, the judge shall |
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review the presentence investigation report prepared for the |
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defendant under Section 9 and shall determine whether the best |
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interests of justice require the judge to suspend the imposition of |
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the sentence and place the defendant on community supervision or to |
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order the sentence to be executed in whole or in part as provided by |
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Subsection (a)(2). A judge may impose any condition of community |
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supervision on a defendant that the judge could impose on a |
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defendant placed on supervision for an offense other than a state |
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jail felony and, if the judge suspends the execution of the sentence |
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or orders the execution of the sentence only in part, shall impose |
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conditions of community supervision consistent with the |
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recommendations contained in the presentence investigation report |
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prepared for the defendant. |
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SECTION 4. Chapter 509, Government Code, is amended by |
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adding Section 509.017 to read as follows: |
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Sec. 509.017. SPECIAL ALLOCATION FOR CERTAIN DEFENDANTS |
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PLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION. Notwithstanding |
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any other provision of this chapter, the Texas Department of |
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Criminal Justice shall adopt policies and procedures to: |
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(1) determine the cost savings to the Texas Department |
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of Criminal Justice realized through the release of defendants on |
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community supervision under Section 15(a)(2)(B)(ii), Article |
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42.12, Code of Criminal Procedure; and |
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(2) provide 30 percent of that cost savings to the |
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division to be allocated to individual departments and used for the |
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same purpose that state aid is used under Section 509.011. |
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SECTION 5. The changes in law made by this Act apply only to |
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the sentencing and placement on community supervision of a |
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defendant for an offense that is committed on or after the effective |
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date of this Act. The sentencing and placement on community |
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supervision of a defendant for an offense that is committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and that law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1173 passed the Senate on |
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April 15, 2013, by the following vote: Yeas 30, Nays 0; |
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May 24, 2013, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 24, 2013, House |
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granted request of the Senate; May 26, 2013, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1173 passed the House, with |
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amendments, on May 22, 2013, by the following vote: Yeas 145, |
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Nays 2, one present not voting; May 24, 2013, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 26, 2013, House adopted Conference Committee Report by the |
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following vote: Yeas 140, Nays 4, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |