| 1 | 1 | | 85R14416 JSC-D |
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| 2 | 2 | | By: Oliverson H.B. No. 3786 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eligibility for community supervision of defendants |
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| 8 | 8 | | convicted of certain burglary offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 42A.056, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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| 13 | 13 | | SUPERVISION. A defendant is not eligible for community |
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| 14 | 14 | | supervision under Article 42A.055 if the defendant: |
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| 15 | 15 | | (1) is sentenced to a term of imprisonment that |
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| 16 | 16 | | exceeds 10 years; |
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| 17 | 17 | | (2) is convicted of a state jail felony for which |
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| 18 | 18 | | suspension of the imposition of the sentence occurs automatically |
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| 19 | 19 | | under Article 42A.551; |
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| 20 | 20 | | (3) is adjudged guilty of an offense under Section |
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| 21 | 21 | | 19.02, Penal Code; |
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| 22 | 22 | | (4) is convicted of an offense under Section |
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| 23 | 23 | | 21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the |
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| 24 | 24 | | offense was younger than 14 years of age at the time the offense was |
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| 25 | 25 | | committed; |
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| 26 | 26 | | (5) is convicted of an offense under Section 20.04, |
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| 27 | 27 | | Penal Code, if: |
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| 28 | 28 | | (A) the victim of the offense was younger than 14 |
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| 29 | 29 | | years of age at the time the offense was committed; and |
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| 30 | 30 | | (B) the actor committed the offense with the |
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| 31 | 31 | | intent to violate or abuse the victim sexually; |
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| 32 | 32 | | (6) is convicted of an offense under Section 20A.02, |
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| 33 | 33 | | 43.05, or 43.25, Penal Code; [or] |
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| 34 | 34 | | (7) is convicted of an offense for which punishment is |
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| 35 | 35 | | increased under Section 481.134(c), (d), (e), or (f), Health and |
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| 36 | 36 | | Safety Code, if it is shown that the defendant has been previously |
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| 37 | 37 | | convicted of an offense for which punishment was increased under |
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| 38 | 38 | | any of those subsections; or |
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| 39 | 39 | | (8) is convicted of an offense under Section 30.02, |
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| 40 | 40 | | Penal Code, if it is shown on the trial of the offense that: |
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| 41 | 41 | | (A) the offense was committed in a habitation; |
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| 42 | 42 | | and |
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| 43 | 43 | | (B) the defendant knew at the time of the offense |
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| 44 | 44 | | that another person was present in the habitation. |
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| 45 | 45 | | SECTION 2. The change in law made by this Act applies only |
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| 46 | 46 | | to an offense committed on or after the effective date of this Act. |
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| 47 | 47 | | An offense committed before the effective date of this Act is |
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| 48 | 48 | | governed by the law in effect on the date the offense was committed, |
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| 49 | 49 | | and the former law is continued in effect for that purpose. For |
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| 50 | 50 | | purposes of this section, an offense was committed before the |
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| 51 | 51 | | effective date of this Act if any element of the offense occurred |
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| 52 | 52 | | before that date. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2017. |
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