81R3095 KCR-D
By: Turner of Harris H.B. No. 4580
A BILL TO BE ENTITLED
AN ACT
relating to the proportionality of criminal sentences and to the
consequences of a defendant's violating a condition of community
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.021 to read as follows:
Art. 42.021. PURPOSE OF SENTENCE. (a) The purpose of a
sentence is to:
(1) provide punishment that is likely to reduce the
chance that the defendant will recidivate;
(2) rehabilitate the defendant, while recognizing
that different rehabilitation strategies are appropriate for
different defendants; and
(3) impose penalties on the defendant that are
proportionate to the seriousness of the offense for which the
defendant is sentenced.
(b) A sentence should be appropriate for the offense
committed and the defendant being sentenced.
SECTION 2. Section 21, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (f) to read as follows:
(f) A court may proceed with an adjudication of guilt under
Section 5(b), increase the period of community supervision under
Section 22, or revoke community supervision under Section 23 only
if the court determines that the defendant's violation of a
condition of community supervision was intentional. For purposes
of this subsection, a defendant's violation of a condition of
community supervision is presumed to be intentional if the
violation is the defendant's commission of a subsequent offense.
SECTION 3. Section 22, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (e) to read as follows:
(e) A sanction imposed on a defendant under this section for
violating a condition of community supervision must be proportional
to the nature and severity of the violation.
SECTION 4. Section 21(f), Article 42.12, Code of Criminal
Procedure, as added by this Act, applies only to a hearing held
under Section 5(b) or Section 21, Article 42.12, Code of Criminal
Procedure, on or after the effective date of this Act. A hearing
held under Section 5(b) or Section 21, Article 42.12, Code of
Criminal Procedure, before the effective date of this Act is
governed by the law in effect at the time of the hearing, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.