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