By: Toth H.B. No. 2803
A BILL TO BE ENTITLED
AN ACT
relating to the procedures applicable to state jail felony
community supervision and to the punishment prescribed for certain
state jail felonies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a)(1) Except as provided by Subdivision (2), on [On]
conviction of a state jail felony [under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is] punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision.
(2) On conviction of a state jail felony punished
under Section 12.35(a), Penal Code, the judge may suspend the
imposition of the sentence and place the defendant on community
supervision or may order the sentence to be executed if [, unless]
the defendant:
(A) was convicted of an state jail felony
involving the possession of a controlled substance under:
(i) [has previously been convicted of a
felony, other than a felony punished under Section 12.44(a), Penal
Code, or unless the conviction resulted from an adjudication of the
guilt of a defendant previously placed on deferred adjudication
community supervision for the offense, in which event the judge may
suspend the imposition of the sentence and place the defendant on
community supervision or may order the sentence to be
executed. The provisions of this subdivision requiring the judge
to suspend the imposition of the sentence and place the defendant on
community supervision do not apply to a defendant who:
[(A) under] Section 481.1151(b)(1), Health and
Safety Code, and the defendant possessed more than five abuse units
of the controlled substance;
(ii) [(B) under] Section 481.1161(b)(3),
Health and Safety Code, and the defendant possessed more than one
pound, by aggregate weight, including adulterants or dilutants, of
the controlled substance; or
(iii) [(C) under] Section 481.121(b)(3),
Health and Safety Code, and the defendant possessed more than one
pound of marihuana;
(B) has been previously convicted of:
(i) any felony other than a state jail
felony; or
(ii) any misdemeanor under Title 5 or 6,
Penal Code;
(C) has been previously convicted on three or
more occasions of a state jail felony; or
(D) was previously placed on deferred
adjudication community supervision for the offense and is convicted
following an adjudication of guilt.
[(2) On conviction of a state jail felony punished
under Section 12.35(a), Penal Code, other than a state jail felony
listed in Subdivision (1), the judge may suspend the imposition of
the sentence and place the defendant on community supervision or
may order the sentence to be executed.]
(3) The judge may suspend in whole or in part the
imposition of any fine imposed on conviction.
SECTION 2. Section 12.425, Penal Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) If it is shown on the trial of a state jail felony
punishable under Section 12.35(a) that the defendant has previously
been finally convicted of three state jail felonies for which the
defendant was placed on community supervision under Section
15(a)(1), Article 42.12, Code of Criminal Procedure, on conviction
the defendant may be punished for a felony of the second degree.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2013.