Bill Text: TX HB3786 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to eligibility for community supervision of defendants convicted of certain burglary offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-10 - Placed on General State Calendar [HB3786 Detail]
Download: Texas-2017-HB3786-Introduced.html
85R14416 JSC-D | ||
By: Oliverson | H.B. No. 3786 |
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relating to eligibility for community supervision of defendants | ||
convicted of certain burglary offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.056, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY | ||
SUPERVISION. A defendant is not eligible for community | ||
supervision under Article 42A.055 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 Article 42A.551; | ||
(3) is adjudged guilty of an offense under Section | ||
19.02, Penal Code; | ||
(4) is convicted of an offense under Section | ||
21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the | ||
offense was younger than 14 years of age at the time the offense was | ||
committed; | ||
(5) is convicted of an offense under Section 20.04, | ||
Penal Code, if: | ||
(A) the victim of the offense was younger than 14 | ||
years of age at the time the offense was committed; and | ||
(B) the actor committed the offense with the | ||
intent to violate or abuse the victim sexually; | ||
(6) is convicted of an offense under Section 20A.02, | ||
43.05, or 43.25, Penal Code; [ |
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(7) is convicted 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 of those subsections; or | ||
(8) is convicted of an offense under Section 30.02, | ||
Penal Code, if it is shown on the trial of the offense that: | ||
(A) the offense was committed in a habitation; | ||
and | ||
(B) the defendant knew at the time of the offense | ||
that another person was present in the habitation. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former 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 3. This Act takes effect September 1, 2017. |