| 1 | 1 | | 81R3095 KCR-D |
|---|
| 2 | 2 | | By: Turner of Harris H.B. No. 4580 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the proportionality of criminal sentences and to the |
|---|
| 8 | 8 | | consequences of a defendant's violating a condition of community |
|---|
| 9 | 9 | | supervision. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 42, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended by adding Article 42.021 to read as follows: |
|---|
| 13 | 13 | | Art. 42.021. PURPOSE OF SENTENCE. (a) The purpose of a |
|---|
| 14 | 14 | | sentence is to: |
|---|
| 15 | 15 | | (1) provide punishment that is likely to reduce the |
|---|
| 16 | 16 | | chance that the defendant will recidivate; |
|---|
| 17 | 17 | | (2) rehabilitate the defendant, while recognizing |
|---|
| 18 | 18 | | that different rehabilitation strategies are appropriate for |
|---|
| 19 | 19 | | different defendants; and |
|---|
| 20 | 20 | | (3) impose penalties on the defendant that are |
|---|
| 21 | 21 | | proportionate to the seriousness of the offense for which the |
|---|
| 22 | 22 | | defendant is sentenced. |
|---|
| 23 | 23 | | (b) A sentence should be appropriate for the offense |
|---|
| 24 | 24 | | committed and the defendant being sentenced. |
|---|
| 25 | 25 | | SECTION 2. Section 21, Article 42.12, Code of Criminal |
|---|
| 26 | 26 | | Procedure, is amended by adding Subsection (f) to read as follows: |
|---|
| 27 | 27 | | (f) A court may proceed with an adjudication of guilt under |
|---|
| 28 | 28 | | Section 5(b), increase the period of community supervision under |
|---|
| 29 | 29 | | Section 22, or revoke community supervision under Section 23 only |
|---|
| 30 | 30 | | if the court determines that the defendant's violation of a |
|---|
| 31 | 31 | | condition of community supervision was intentional. For purposes |
|---|
| 32 | 32 | | of this subsection, a defendant's violation of a condition of |
|---|
| 33 | 33 | | community supervision is presumed to be intentional if the |
|---|
| 34 | 34 | | violation is the defendant's commission of a subsequent offense. |
|---|
| 35 | 35 | | SECTION 3. Section 22, Article 42.12, Code of Criminal |
|---|
| 36 | 36 | | Procedure, is amended by adding Subsection (e) to read as follows: |
|---|
| 37 | 37 | | (e) A sanction imposed on a defendant under this section for |
|---|
| 38 | 38 | | violating a condition of community supervision must be proportional |
|---|
| 39 | 39 | | to the nature and severity of the violation. |
|---|
| 40 | 40 | | SECTION 4. Section 21(f), Article 42.12, Code of Criminal |
|---|
| 41 | 41 | | Procedure, as added by this Act, applies only to a hearing held |
|---|
| 42 | 42 | | under Section 5(b) or Section 21, Article 42.12, Code of Criminal |
|---|
| 43 | 43 | | Procedure, on or after the effective date of this Act. A hearing |
|---|
| 44 | 44 | | held under Section 5(b) or Section 21, Article 42.12, Code of |
|---|
| 45 | 45 | | Criminal Procedure, before the effective date of this Act is |
|---|
| 46 | 46 | | governed by the law in effect at the time of the hearing, and the |
|---|
| 47 | 47 | | former law is continued in effect for that purpose. |
|---|
| 48 | 48 | | SECTION 5. This Act takes effect September 1, 2009. |
|---|