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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for community supervision of defendants |
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convicted of certain burglary offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.056, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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SUPERVISION. A defendant is not eligible for community |
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supervision under Article 42A.055 if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Article 42A.551; |
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(3) is adjudged guilty of an offense under Section |
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19.02, Penal Code; |
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(4) is convicted of an offense under Section |
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21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the |
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offense was younger than 14 years of age at the time the offense was |
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committed; |
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(5) is convicted of an offense under Section 20.04, |
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Penal Code, if: |
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(A) the victim of the offense was younger than 14 |
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years of age at the time the offense was committed; and |
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(B) the actor committed the offense with the |
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intent to violate or abuse the victim sexually; |
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(6) is convicted of an offense under Section 20A.02, |
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43.05, or 43.25, Penal Code; [or] |
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(7) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any of those subsections; or |
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(8) is convicted of an offense under Section 30.02, |
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Penal Code, if it is shown on the trial of the offense that: |
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(A) the offense was committed in a habitation; |
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and |
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(B) the defendant knew at the time of the offense |
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that another person was present in the habitation. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |