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Texas Code of Criminal Procedure

§ 42A.055 — JURY-RECOMMENDED COMMUNITY SUPERVISION

CR § 42A.055Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. B. PLACEMENT ON COMMUNITY SUPERVISION

Statute text

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(a)A jury that imposes confinement as punishment for an offense may recommend to the judge that the judge suspend the imposition of the sentence and place the defendant on community supervision. A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict.
(b)A defendant is eligible for community supervision under this article only if:
(1)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
(2)the jury enters in the verdict a finding that the information contained in the defendant's motion is true.
(c)If the jury recommends to the judge that the judge place the defendant on community supervision, the judge shall place the defendant on community supervision for any period permitted under Articles 42A.053(d) and (f), as appropriate.
(d)A judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757.

Legislative history

Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.

Source: Texas Code of Criminal Procedure § 42A.055 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.