Art. 42A.053. JUDGE-ORDERED COMMUNITY SUPERVISION. (a) A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may:
(1) suspend the imposition of the sentence and place the defendant on community supervision; or
(2) impose a fine applicable to the offense and place the defendant on community supervision.
(b) A judge may not deny community supervision to a defendant based solely on the defendant's inability to speak, read, write, hear, or understand English.
(c) A defendant is not eligible for community supervision under this article if the defendant is sentenced to serve:
(1) a term of imprisonment that exceeds 10 years; or
(2) a term of confinement under Section 12.35, Penal Code.
(d) In a felony case:
(1) the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense; and
(2) the maximum period of community supervision is:
(A) 10 years, for a felony other than a third degree felony described by Paragraph (B); and
(B) five years, for any of the following third degree felonies:
(i) a third degree felony under Title 7, Penal Code; and
(ii) a third degree felony under Chapter 481, Health and Safety Code.
(e) Notwithstanding Subsection (d), the minimum period of community supervision under this article for a felony described by Article 42A.453(b) is five years.
(f) The maximum period of community supervision in a misdemeanor case is two years.
(g) Notwithstanding Subsection (d)(2) or (f), a judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Text of article effective on January 01, 2017
Last modified: September 28, 2016