| 1 | 1 | | By: Huffman, Deuell S.B. No. 1278 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of a judge to suspend the imposition of a |
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| 7 | 7 | | sentence and place a defendant on community supervision. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subsection (a), Section 4, Article 42.12, Code |
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| 10 | 10 | | of Criminal Procedure, is amended to read as follows: |
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| 11 | 11 | | (a) A jury that imposes confinement as punishment for an |
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| 12 | 12 | | offense may recommend to the judge that the judge suspend the |
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| 13 | 13 | | imposition of the sentence and place the defendant on community |
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| 14 | 14 | | supervision. A judge shall suspend the imposition of the sentence |
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| 15 | 15 | | and place the defendant on community supervision if the jury makes |
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| 16 | 16 | | that recommendation in the verdict. If a jury that imposes |
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| 17 | 17 | | confinement as punishment for an offense does not recommend that |
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| 18 | 18 | | the judge suspend the imposition of the sentence and place the |
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| 19 | 19 | | defendant on community supervision, the judge may not suspend the |
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| 20 | 20 | | imposition of the sentence and place the defendant on community |
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| 21 | 21 | | supervision. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to the sentence imposed in a criminal trial that commences on or |
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| 24 | 24 | | after the effective date of this Act. The sentence imposed in a |
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| 25 | 25 | | criminal trial commenced before the effective date of this Act is |
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| 26 | 26 | | governed by the law in effect when the trial commenced, and the |
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| 27 | 27 | | former law is continued in effect for that purpose. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2009. |
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