HBA-RBT H.B. 2921 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2921
By: Dunnam
Criminal Jurisprudence
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

When state jail felonies were first created by the legislature, probation
was mandated for first offenders.  Probation was later made discretionary
without modifying the provision governing community supervision.  The
resulting difference in the statutes has caused some judges believe that
neither juries nor judges can grant probation for state jail felons.   

H.B. 2921 authorizes a jury that imposes confinement for a state jail
felony to recommend to the judge that the judge suspend the imposition of
the sentence and place the defendant on community supervision.  This bill
requires the judge to suspend the imposition of the sentence and place the
defendant on community supervision if the jury makes that recommendation in
the verdict.  This bill provides that a defendant is eligible for community
supervision under this subsection only if before the trial begins the
defendant files a written sworn motion with the judge that the defendant
has not previously been convicted of a felony in this or any other state
and the jury enters in the verdict a finding that the information in the
defendant's motion is true.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 15(a), Article 42.12, Code of Criminal
Procedure, to authorize a jury that imposes confinement for a state jail
felony to recommend to the judge that the judge suspend the imposition of
the sentence and place the defendant on community supervision.  Requires
the judge to suspend the imposition of the sentence and place the defendant
on community supervision if the jury makes that recommendation in the
verdict.  Provides that a defendant is eligible for community supervision
under this subsection only if before the trial begins the defendant files a
written sworn motion with the judge that the defendant has not previously
been convicted of a felony in this or any other state and the jury enters
in the verdict a finding that the information in the defendant's motion is
true. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.