| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 81R8898 GCB-D | |
| 2 | 2 | By: Flynn H.B. No. 2258 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the authority of a judge to suspend the imposition of a | |
| 8 | 8 | sentence and place a defendant on community supervision. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 4(a), Article 42.12, Code of Criminal | |
| 11 | 11 | Procedure, is amended to read as follows: | |
| 12 | 12 | (a) A jury that imposes confinement as punishment for an | |
| 13 | 13 | offense may recommend to the judge that the judge suspend the | |
| 14 | 14 | imposition of the sentence and place the defendant on community | |
| 15 | 15 | supervision. A judge shall suspend the imposition of the sentence | |
| 16 | 16 | and place the defendant on community supervision if the jury makes | |
| 17 | 17 | that recommendation in the verdict. If a jury that imposes | |
| 18 | 18 | confinement as punishment for an offense does not recommend that | |
| 19 | 19 | the judge suspend the imposition of the sentence and place the | |
| 20 | 20 | defendant on community supervision, the judge may not suspend the | |
| 21 | 21 | imposition of the sentence and place the defendant on community | |
| 22 | 22 | supervision. | |
| 23 | 23 | SECTION 2. The change in law made by this Act applies only | |
| 24 | 24 | to the sentence imposed in a criminal trial that commences on or | |
| 25 | 25 | after the effective date of this Act. The sentence imposed in a | |
| 26 | 26 | criminal trial commenced before the effective date of this Act is | |
| 27 | 27 | governed by the law in effect when the trial commenced, and the | |
| 28 | 28 | former law is continued in effect for that purpose. | |
| 29 | 29 | SECTION 3. This Act takes effect September 1, 2009. |