1 | 1 | | By: Huffman S.B. No. 153 |
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2 | 2 | | (In the Senate - Filed November 8, 2010; January 31, 2011, |
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3 | 3 | | read first time and referred to Committee on Criminal Justice; |
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4 | 4 | | March 21, 2011, reported favorably by the following vote: Yeas 7, |
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5 | 5 | | Nays 0; March 21, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the authority of a judge to suspend the imposition of a |
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11 | 11 | | sentence and place a defendant on community supervision. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subsection (a), Section 4, Article 42.12, Code |
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14 | 14 | | of Criminal Procedure, is amended to read as follows: |
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15 | 15 | | (a) A jury that imposes confinement as punishment for an |
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16 | 16 | | offense may recommend to the judge that the judge suspend the |
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17 | 17 | | imposition of the sentence and place the defendant on community |
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18 | 18 | | supervision. A judge shall suspend the imposition of the sentence |
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19 | 19 | | and place the defendant on community supervision if the jury makes |
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20 | 20 | | that recommendation in the verdict. A judge may not suspend the |
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21 | 21 | | imposition of the sentence and place the defendant on community |
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22 | 22 | | supervision if the jury does not make that recommendation in the |
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23 | 23 | | verdict. |
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24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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25 | 25 | | to the sentence imposed in a criminal trial that commences on or |
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26 | 26 | | after the effective date of this Act. The sentence imposed in a |
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27 | 27 | | criminal trial commenced before the effective date of this Act is |
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28 | 28 | | governed by the law in effect when the trial commenced, and the |
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29 | 29 | | former law is continued in effect for that purpose. |
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30 | 30 | | SECTION 3. This Act takes effect September 1, 2011. |
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31 | 31 | | * * * * * |
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