Bill Text: TX SB1173 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to procedures for the sentencing and placement on community supervision of defendants charged with the commission of a state jail felony.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1173 Detail]
Download: Texas-2013-SB1173-Enrolled.html
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) [ |
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before the imposition of sentence by a judge in a felony case, and | ||
except as provided by Subsection (b) [ |
||
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) [ |
||
(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 |