H.B. No. 1759
relating to the eligibility for jury-recommended community
supervision and to the conditions of community supervision for
certain defendants convicted of state jail felonies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Section 15(a) [
sentenced to serve a term of confinement under
Section 12.35, Penal Code];
(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true; or
(4) is adjudged guilty of an offense for which
punishment is increased under Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any one of those subsections.
SECTION 2. Section 15(c)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) 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[ , except that the judge may impose on the defendant a
condition that the defendant submit to a period of confinement in a
county jail under Section 5 or 12 of this article only if the term
does not exceed 90 days].
SECTION 3. (a) The change in law made by this Act to Section
4(d), Article 42.12, Code of Criminal Procedure, applies to a
defendant who on or after the effective date of this Act files the
motion required by Section 4(e), Article 42.12, Code of Criminal
Procedure, for jury-recommended community supervision, regardless
of whether the offense with which the defendant is charged was
committed before, on, or after the effective date of this Act.
(b) The change in law made by this Act to Section 15(c)(1),
Article 42.12, Code of Criminal Procedure, applies only to a
defendant originally placed on community supervision on or after
the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 1759 was passed by the House on April
22, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 1759 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate