By: Huffman S.B. No. 153
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. Where a defendant elects to
have the jury assess the sentence, a judge may not suspend the
imposition of the sentence and place the defendant on community
supervision if the jury does not make that recommendation in the
verdict.
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, 2011.