Texas Code of Criminal Procedure 42A.252 – Presentence Report Required
Current as of: 2024 | Check for updates
|
Other versions
(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.
Terms Used In Texas Code of Criminal Procedure 42A.252
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
(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.