Texas 2009 - 81st Regular

Texas Senate Bill SB365

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the suspension of sentence and deferral of final disposition in certain misdemeanor cases.

Impact

The proposed changes in SB365 are significant for the criminal justice system in Texas. By incorporating a requirement for victims to receive restitution, the bill emphasizes accountability and victim support within the judicial process. Additionally, the modifications allow judges to impose various rehabilitation programs, which could positively impact recidivism rates by providing defendants with opportunities for personal improvement and societal reintegration. Also, the bill is set to take effect on September 1, 2009, impacting all offenses committed on or after this date, while offenses prior to this would adhere to existing laws.

Summary

SB365 is a legislative proposal aimed at amending the procedures for the suspension of sentence and deferral of final disposition in certain misdemeanor cases. The bill modifies Articles 45.051(b) and (c) of the Code of Criminal Procedure, allowing judges more discretion in determining the conditions under which a defendant may have their sentence suspended. Notably, this bill establishes that during the deferral period, judges are required to mandate certain conditions, including posting a bond or making restitution to victims, among other options designed to promote compliance and rehabilitation.

Contention

While SB365 seeks to enhance the judicial system's handling of misdemeanors, there may be contention surrounding its implementation and the discretion it affords judges. Concerns could arise regarding the capacity for uniformity across different jurisdictions, as varying interpretations of the bill's provisions might lead to discrepancies in sentencing. Advocates for more structured sentencing guidelines may argue that the proposed allowance for judicial discretion might inadvertently lead to inconsistent outcomes. Overall, the bill’s success may hinge on its interpretation and execution by the courts.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB5183

Relating to educational programs for persons whose driver's license is suspended following conviction of certain drug offenses.

TX HB2627

Relating to the adjudication and disposition of cases involving delinquent conduct, certain juvenile court proceedings, and planning and funding for services for children in the juvenile justice system.

TX HB218

Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.

TX HB16

Relating to the adjudication and disposition of cases involving delinquent conduct, certain juvenile court proceedings, and planning and funding for services for children in the juvenile justice system.

TX HB1737

Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.

TX SB499

Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.

TX HB410

Relating to law enforcement policies regarding the issuance of citations for misdemeanors punishable by fine only and to a limitation on the authority to arrest a person for certain fine-only misdemeanors.

TX SB967

Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.

TX HB1731

Relating to the release on personal bond of certain defendants charged with nonviolent misdemeanors.

Similar Bills

No similar bills found.