H.B. No. 1610
 
 
 
 
AN ACT
  relating to the requirement that a judge release on community
  supervision certain defendants convicted of certain state jail
  felonies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 15(a)(1), Article 42.12, Code of
  Criminal Procedure, is amended to read as follows:
               (1)  On conviction of a state jail felony under Section
  481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
  481.129(g)(1), Health and Safety Code, that is punished under
  Section 12.35(a), Penal Code, the judge shall suspend the
  imposition of the sentence and place the defendant on community
  supervision, unless the defendant has previously been convicted of
  a felony, other than a felony punished under Section 12.44(a),
  Penal Code, or unless the conviction resulted from an adjudication
  of the guilt of a defendant previously placed on deferred
  adjudication community supervision for the offense, in which event
  the judge may suspend the imposition of the sentence and place the
  defendant on community supervision or may order the sentence to be
  executed. The provisions of this subdivision requiring the judge
  to suspend the imposition of the sentence and place the defendant on
  community supervision do not apply to a defendant who under Section
  481.1151(b)(1), Health and Safety Code, possessed more than five
  abuse units of the controlled substance or under Section
  481.121(b)(3), Health and Safety Code, possessed more than one
  pound of marihuana.
         SECTION 2.  The change in law made by this Act applies only
  to a defendant who is convicted of a state jail felony on or after
  the effective date of this Act. A defendant convicted before the
  effective date of this Act is covered by the law in effect on the
  date of the conviction, and the former law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1610 was passed by the House on April
  17, 2007, by the following vote:  Yeas 138, Nays 3, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1610 on May 26, 2007, by the following vote:  Yeas 139, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1610 was passed by the Senate, with
  amendments, on May 17, 2007, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor