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