By: Huffman, Deuell S.B. No. 1278
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a judge to suspend the imposition of a
sentence and place a defendant on community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 4, Article 42.12, Code
of Criminal Procedure, is amended to read as follows:
(a) A jury that imposes confinement as punishment for an
offense may recommend to the judge that the judge suspend the
imposition of the sentence and place the defendant on community
supervision. A judge shall suspend the imposition of the sentence
and place the defendant on community supervision if the jury makes
that recommendation in the verdict. If a jury that imposes
confinement as punishment for an offense does not recommend that
the judge suspend the imposition of the sentence and place the
defendant on community supervision, the judge may not suspend the
imposition of the sentence and place the defendant on community
supervision.
SECTION 2. The change in law made by this Act applies only
to the sentence imposed in a criminal trial that commences on or
after the effective date of this Act. The sentence imposed in a
criminal trial commenced before the effective date of this Act is
governed by the law in effect when the trial commenced, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.