Texas Code of Criminal Procedure 42A.055 – Jury-Recommended Community Supervision
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(a) A jury that imposes confinement as punishment for an offense may recommend to the judge that the judge suspend the imposition of the sentence and place the defendant on community supervision. A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict.
(b) A defendant is eligible for community supervision under this article only if:
(1) before the trial begins, the defendant files a written sworn motion with the judge that the defendant has not previously been convicted of a felony in this or any other state; and
(2) the jury enters in the verdict a finding that the information contained in the defendant’s motion is true.
Terms Used In Texas Code of Criminal Procedure 42A.055
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the jury recommends to the judge that the judge place the defendant on community supervision, the judge shall place the defendant on community supervision for any period permitted under Articles 42A.053(d) and (f), as appropriate.
(d) A judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757.