Texas Code of Criminal Procedure

§ 42A.551 — PLACEMENT ON COMMUNITY SUPERVISION; EXECUTION OF SENTENCE

CR § 42A.551Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. L. STATE JAIL FELONY COMMUNITY SUPERVISION

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(a)Except as otherwise provided by Subsection (b) or (c), 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.

(b)If the defendant has been previously convicted of a felony, other than a felony punished under Section 12.44(a), Penal Code, or if the conviction resulted from an adjudication of the guilt of a defendant previously placed on deferred adjudication community supervision for the offense, the judge may:

(1)suspend the imposition of the sentence and place the defendant on community supervision; or

(2)order the sentence to be executed.

(c)Subsection (a) does not apply to a defendant who:

(1)under Section 481.1151(b)(1), Health and Safety Code, possessed more than five abuse units of the controlled substance;

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Legislative history

Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 2.02, eff. September 1, 2019.