Texas Code of Criminal Procedure

Art. Art. 42A.056
Limitation on Jury-recommended Community Supervision


A defendant is not eligible for community supervision under Article 42A.055 (Jury-recommended Community Supervision) if the defendant:

(1)

is sentenced to a term of imprisonment that exceeds 10 years;

(2)

is convicted of a state jail felony for which suspension of the imposition of the sentence occurs automatically under Article 42A.551 (Placement on Community Supervision; Execution of Sentence);

(3)

is adjudged guilty of an offense under Section 19.02 (Murder), Penal Code;

(4)

is convicted of an offense under Section 21.11 (Indecency With a Child), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), Penal Code, if the victim of the offense was younger than 14 years of age at the time the offense was committed;

(5)

is convicted of an offense under Section 20.04 (Aggravated Kidnapping), Penal Code, if:

(A)

the victim of the offense was younger than 14 years of age at the time the offense was committed; and

(B)

the actor committed the offense with the intent to violate or abuse the victim sexually;

(6)

is convicted of an offense under Section 20A.02 (Trafficking of Persons), 20A.03 (Continuous Trafficking of Persons), 43.04 (Aggravated Promotion of Prostitution), 43.05 (Compelling Prostitution), or 43.25 (Sexual Performance by a Child), Penal Code; or

(7)

is convicted of an offense for which punishment is increased under Section 481.134 (Drug-free Zones)(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1137 (H.B. 2758), Sec. 2, eff. September 1, 2019.
Source

Last accessed
Jun. 7, 2021