Bill Text: TX HB3336 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to a judge's findings when sentencing persons convicted of certain drug possession offenses to a term of confinement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-06 - Committee report sent to Calendars [HB3336 Detail]
Download: Texas-2013-HB3336-Comm_Sub.html
83R19430 JSC-D | |||
By: Hughes | H.B. No. 3336 | ||
Substitute the following for H.B. No. 3336: | |||
By: Herrero | C.S.H.B. No. 3336 |
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relating to a judge's findings when sentencing persons convicted of | ||
certain drug possession offenses to a term of confinement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.024 to read as follows: | ||
Art. 42.024. SENTENCING FOR DRUG POSSESSION OFFENSES. (a) | ||
A judge who sentences a defendant convicted of an offense under | ||
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or | ||
481.121, Health and Safety Code, to a term of confinement and orders | ||
the sentence to be immediately executed shall state on the record | ||
and in writing the judge's reasons for requiring confinement | ||
instead of placing the defendant on community supervision or | ||
requiring the defendant to submit to a treatment program or other | ||
alternative to confinement and place a copy of the written | ||
statement in the papers in the case. | ||
(b) This section does not apply to a defendant who has | ||
previously been convicted of a felony offense involving violence or | ||
an offense for which the defendant is required to register as a sex | ||
offender under Chapter 62. | ||
SECTION 2. Subchapter C, Chapter 72, Government Code, is | ||
amended by adding Section 72.031 to read as follows: | ||
Sec. 72.031. COLLECTION OF DATA REGARDING SENTENCING FOR | ||
DRUG POSSESSION OFFENSES. (a) The office annually shall collect | ||
data relating to sentencing of persons who are convicted of | ||
offenses involving the possession of a controlled substance or | ||
marihuana based on copies of written statements made by sentencing | ||
judges under Article 42.024, Code of Criminal Procedure, and placed | ||
in the papers in the case. | ||
(b) Not later than December 1 of each year, the office shall | ||
publish on its Internet website the data collected under Subsection | ||
(a) covering the previous state fiscal year. | ||
SECTION 3. The Office of Court Administration of the Texas | ||
Judicial System is not required to publish a report under Section | ||
72.031, Government Code, as added by this Act, before December 1, | ||
2014. | ||
SECTION 4. The change in law made by this Act applies to a | ||
person convicted of an offense involving the possession of a | ||
controlled substance or marihuana who is sentenced on or after the | ||
effective date of this Act, regardless of whether the offense is | ||
committed before, on, or after the effective date of this Act. | ||
SECTION 5. This Act takes effect September 1, 2013. |