Texas Code of Criminal Procedure

Art. Art. 42A.252
Presentence Report Required


(a)

Except as provided by Subsections (b) and (c), before the imposition of the sentence by a judge, the judge shall direct a supervision officer to prepare a presentence report for the judge.

(b)

The judge is not required to direct a supervision officer to prepare a presentence report in a misdemeanor case if:

(1)

the defendant requests that a report not be made and the judge agrees to the request; or

(2)

the judge:

(A)

finds that there is sufficient information in the record to permit the meaningful exercise of sentencing discretion; and

(B)

explains that finding on the record.

(c)

The judge is not required to direct a supervision officer to prepare a presentence report in a felony case if:

(1)

punishment is to be assessed by a jury;

(2)

the defendant is convicted of or enters a plea of guilty or nolo contendere to capital murder;

(3)

the only available punishment is imprisonment; or

(4)

the judge is informed that a plea bargain agreement exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow that agreement.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Source

Last accessed
Jun. 7, 2021