Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY SUPERVISION. A defendant is not eligible for community supervision under Article 42A.055 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;
(3) is adjudged guilty of an offense under Section 19.02, Penal Code;
(4) is convicted of an offense under Section 21.11(a)(1), 22.011, or 22.021, 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, 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, 43.05, or 43.25, Penal Code; or
(7) is convicted of an offense for which punishment is increased under Section 481.134(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.
Text of article effective on January 01, 2017
Last modified: September 28, 2016