TX
Texas Senate Bill SB153

Texas 2011 - 82nd Regular

Texas Senate Bill SB153

Filed
 
Out of Senate Committee
3/21/11  
Introduced
11/8/10  
Voted on by Senate
4/5/11  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a judge to suspend the imposition of a sentence and place a defendant on community supervision.

Impact

The legislation is set to enhance the power of jury verdicts in the sentencing phase of criminal trials. Judges will be compelled to adhere to jury recommendations regarding community supervision, thus influencing the outcomes for defendants. This change is intended to ensure that community supervision becomes a viable sentencing alternative, particularly in cases where juries may feel that rehabilitation is more appropriate than confinement. It aims to create a more predictable outcome for defendants receiving a sentence from the jury.

Summary

SB153 amends the Code of Criminal Procedure in Texas, specifically addressing the authority of judges to suspend the imposition of a sentence for defendants in criminal trials. Under the new provision, if a jury recommends community supervision as part of the punishment, the judge is mandated to comply with that recommendation. This represents a significant shift in judicial discretion, as judges previously had the ability to decide whether to suspend a sentence, even if a jury provided such a recommendation.

Contention

Notable points of contention include concerns about the adequacy of judicial discretion. Opponents of the bill may argue that forcing judges to adhere strictly to jury recommendations could undermine the judicial system's flexibility and ability to consider the nuances of each case. Furthermore, there may be debate regarding how this change could affect jury decisions and whether jurors fully understand the implications of their recommendations.

Implementation

The provisions of SB153, as stipulated, will apply only to criminal trials commencing on or after September 1, 2011. Trials that begin prior to this date will continue to be governed by the existing law, thus creating a clear demarcation in the application of the bill's provisions. This time frame provides a smooth transition for the legal community to adapt to the new requirements.

Companion Bills

No companion bills found.

Previously Filed As

TX HB361

Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.

TX HB2141

Relating to a hearing for an alleged violation of community supervision by a defendant and the manner in which that defendant is required to appear before the court.

TX HB4502

Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.

TX HB175

Relating to the expunction of arrest records and files for certain defendants placed on deferred adjudication community supervision for the unlawful carrying of a handgun.

TX HB2909

Relating to the imposition of fines and costs for a defendant who is younger than 18 years of age.

TX HB782

Relating to authority of a court to reduce or modify a defendant's sentence.

TX HB905

Relating to credit toward a defendant's sentence for time confined in jail or prison before sentencing.

TX HB5177

Relating to a defendant's eligibility for reduction or termination of community supervision.

TX SB460

Relating to the extension of the period of community supervision for certain defendants who fail to pay a previously assessed fine or cost.

TX HB5114

Relating to the award of work-for-time credits to certain persons placed on community supervision or released on parole or to mandatory supervision.

Similar Bills

No similar bills found.