Texas Code of Criminal Procedure 42A.056 – Limitation On Jury-Recommended Community Supervision
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Code of Criminal Procedure 42A.056
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
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 § 19.02, Penal Code;
(4) is convicted of an offense under § 21.11, 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 § 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, 20A.03, 43.04, 43.05, or 43.25, Penal Code;
(7) is convicted of an offense for which punishment is increased under § 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; or
(8) is convicted of an offense under § 481.1123, Health and Safety Code, if the offense is punishable under Subsection (d), (e), or (f) of that section.