Texas 2009 - 81st Regular

Texas Senate Bill SB566 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1691 SJM-D
2	2	By: Hegar S.B. No. 566
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to information included in the judgment in a criminal
8	8	case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1, Article 42.01, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	Sec. 1. A judgment is the written declaration of the court
13	13	signed by the trial judge and entered of record showing the
14	14	conviction or acquittal of the defendant. The sentence served
15	15	shall be based on the information contained in the judgment. The
16	16	judgment shall reflect:
17	17	1. The title and number of the case;
18	18	2. That the case was called and the parties appeared, naming
19	19	the attorney for the state, the defendant, and the attorney for the
20	20	defendant, or, where a defendant is not represented by counsel,
21	21	that the defendant knowingly, intelligently, and voluntarily
22	22	waived the right to representation by counsel;
23	23	3. The plea or pleas of the defendant to the offense
24	24	charged;
25	25	4. Whether the case was tried before a jury or a jury was
26	26	waived;
27	27	5. The submission of the evidence, if any;
28	28	6. In cases tried before a jury that the jury was charged by
29	29	the court;
30	30	7. The verdict or verdicts of the jury or the finding or
31	31	findings of the court;
32	32	8. In the event of a conviction that the defendant is
33	33	adjudged guilty of the offense as found by the verdict of the jury
34	34	or the finding of the court, and that the defendant be punished in
35	35	accordance with the jury's verdict or the court's finding as to the
36	36	proper punishment;
37	37	9. In the event of conviction where death or any punishment
38	38	is assessed that the defendant be sentenced to death, a term of
39	39	confinement or community supervision, or to pay a fine, as the case
40	40	may be;
41	41	10. In the event of conviction where the imposition of
42	42	sentence is suspended and the defendant is placed on community
43	43	supervision, setting forth the punishment assessed, the length of
44	44	community supervision, and the conditions of community
45	45	supervision;
46	46	11. In the event of acquittal that the defendant be
47	47	discharged;
48	48	12. The county and court in which the case was tried and, if
49	49	there was a change of venue in the case, the name of the county in
50	50	which the prosecution was originated;
51	51	13. The offense or offenses for which the defendant was
52	52	convicted;
53	53	14. The date of the offense or offenses and degree of
54	54	offense for which the defendant was convicted;
55	55	15. The term of sentence;
56	56	16. The date judgment is entered;
57	57	17. The date sentence is imposed;
58	58	18. The date sentence is to commence and any credit for time
59	59	served;
60	60	19. The terms of any order entered pursuant to Article 42.08
61	61	of this code that the defendant's sentence is to run cumulatively or
62	62	concurrently with another sentence or sentences;
63	63	20. The terms of any plea bargain;
64	64	21. Affirmative findings entered pursuant to Subdivision
65	65	(2) of Subsection (a) of Section 3g of Article 42.12 of this code;
66	66	22. The terms of any fee payment ordered under Article
67	67	42.151 of this code;
68	68	23. The defendant's thumbprint taken in accordance with
69	69	Article 38.33 of this code;
70	70	24. In the event that the judge orders the defendant to
71	71	repay a reward or part of a reward under Articles 37.073 and 42.152
72	72	of this code, a statement of the amount of the payment or payments
73	73	required to be made;
74	74	25. In the event that the court orders restitution to be
75	75	paid to the victim, a statement of the amount of restitution ordered
76	76	and:
77	77	(A) the name of the victim and the permanent mailing
78	78	address of the victim at the time of the judgment; or
79	79	(B) if the court determines that the inclusion of the
80	80	victim's name and address in the judgment is not in the best
81	81	interest of the victim, the name and address of a person or agency
82	82	that will accept and forward restitution payments to the victim;
83	83	26. In the event that a presentence investigation is
84	84	required by Section 9(a), (b), (h), or (i), Article 42.12 of this
85	85	code, a statement that the presentence investigation was done
86	86	according to the applicable provision;
87	87	27. In the event of conviction of an offense for which
88	88	registration as a sex offender is required under Chapter 62, a
89	89	statement that the registration requirement of that chapter applies
90	90	to the defendant and a statement of the age of the victim of the
91	91	offense;
92	92	28. The defendant's state identification number required by
93	93	Article [Section] 60.052(a)(2), if that number has been assigned at
94	94	the time of the judgment; [and]
95	95	29. The incident number required by Article [Section]
96	96	60.052(a)(4), if that number has been assigned at the time of the
97	97	judgment;
98	98	30. If available, the defendant's driver's license number or
99	99	personal identification certificate number issued by:
100	100	(A) the Department of Public Safety; or
101	101	(B) the equivalent agency in another state; and
102	102	31. The defendant's date of birth.
103	103	SECTION 2. The change in law made by this Act applies only
104	104	to a judgment in a criminal case entered on or after the effective
105	105	date of this Act.
106	106	SECTION 3. This Act takes effect September 1, 2009.