81R1691 SJM-D
By: Hegar S.B. No. 566
A BILL TO BE ENTITLED
AN ACT
relating to information included in the judgment in a criminal
case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 42.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. A judgment is the written declaration of the court
signed by the trial judge and entered of record showing the
conviction or acquittal of the defendant. The sentence served
shall be based on the information contained in the judgment. The
judgment shall reflect:
1. The title and number of the case;
2. That the case was called and the parties appeared, naming
the attorney for the state, the defendant, and the attorney for the
defendant, or, where a defendant is not represented by counsel,
that the defendant knowingly, intelligently, and voluntarily
waived the right to representation by counsel;
3. The plea or pleas of the defendant to the offense
charged;
4. Whether the case was tried before a jury or a jury was
waived;
5. The submission of the evidence, if any;
6. In cases tried before a jury that the jury was charged by
the court;
7. The verdict or verdicts of the jury or the finding or
findings of the court;
8. In the event of a conviction that the defendant is
adjudged guilty of the offense as found by the verdict of the jury
or the finding of the court, and that the defendant be punished in
accordance with the jury's verdict or the court's finding as to the
proper punishment;
9. In the event of conviction where death or any punishment
is assessed that the defendant be sentenced to death, a term of
confinement or community supervision, or to pay a fine, as the case
may be;
10. In the event of conviction where the imposition of
sentence is suspended and the defendant is placed on community
supervision, setting forth the punishment assessed, the length of
community supervision, and the conditions of community
supervision;
11. In the event of acquittal that the defendant be
discharged;
12. The county and court in which the case was tried and, if
there was a change of venue in the case, the name of the county in
which the prosecution was originated;
13. The offense or offenses for which the defendant was
convicted;
14. The date of the offense or offenses and degree of
offense for which the defendant was convicted;
15. The term of sentence;
16. The date judgment is entered;
17. The date sentence is imposed;
18. The date sentence is to commence and any credit for time
served;
19. The terms of any order entered pursuant to Article 42.08
of this code that the defendant's sentence is to run cumulatively or
concurrently with another sentence or sentences;
20. The terms of any plea bargain;
21. Affirmative findings entered pursuant to Subdivision
(2) of Subsection (a) of Section 3g of Article 42.12 of this code;
22. The terms of any fee payment ordered under Article
42.151 of this code;
23. The defendant's thumbprint taken in accordance with
Article 38.33 of this code;
24. In the event that the judge orders the defendant to
repay a reward or part of a reward under Articles 37.073 and 42.152
of this code, a statement of the amount of the payment or payments
required to be made;
25. In the event that the court orders restitution to be
paid to the victim, a statement of the amount of restitution ordered
and:
(A) the name of the victim and the permanent mailing
address of the victim at the time of the judgment; or
(B) if the court determines that the inclusion of the
victim's name and address in the judgment is not in the best
interest of the victim, the name and address of a person or agency
that will accept and forward restitution payments to the victim;
26. In the event that a presentence investigation is
required by Section 9(a), (b), (h), or (i), Article 42.12 of this
code, a statement that the presentence investigation was done
according to the applicable provision;
27. In the event of conviction of an offense for which
registration as a sex offender is required under Chapter 62, a
statement that the registration requirement of that chapter applies
to the defendant and a statement of the age of the victim of the
offense;
28. The defendant's state identification number required by
Article [Section] 60.052(a)(2), if that number has been assigned at
the time of the judgment; [and]
29. The incident number required by Article [Section]
60.052(a)(4), if that number has been assigned at the time of the
judgment;
30. If available, the defendant's driver's license number or
personal identification certificate number issued by:
(A) the Department of Public Safety; or
(B) the equivalent agency in another state; and
31. The defendant's date of birth.
SECTION 2. The change in law made by this Act applies only
to a judgment in a criminal case entered on or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2009.