NCJ Number
74176
Journal
Texas Bar Journal Volume: 43 Dated: (May 1980) Pages: 413-417
Date Published
1980
Length
5 pages
Annotation
Major revisions of Texas criminal law which were made between 1965 and 1975 are reviewed; innovative sentencing provisions such as felony shock probation are emphasized.
Abstract
The decade between 1965 and 1975 witnesses the largest upheaval in Texas criminal law in the 20th century. In 1965 the legislature enacted a new code of criminal procedures, and in 1973 a new controlled substance act and a new penal code came into effect. Prior to the enactment of the new penal code, each felony offense had a distinct range of punishment. Under the new code there are four basic categories of felony punishment, applicable to all felony offenses. These categories are designated: capital felony, first degree felony, second degree felony, and third degree felony. In addition, penalties for repeat offenders were recodified. The new code provides that no felony probation may be stipulated which exceeds 10 years. A jury may grant probation for any felony offense, but only if the defendant has never been previously convicted of a felony. The judge may order incarceration of the defendant in the Texas Department of Corrections and subsequently place the defendant on probation, a mehtod called felony shock probation. Two other instances of combined incarceration and probation are specified by the code. In addition to nonconviction probation, there are two ways, other than acquittal, that a defendant may avoid felony punishment. The code authorizes a judge to punish a third degree felony as a Class A misdemeanor if justice dictates. Under the second procedure, the felony offense is reduced to a misdemeanor charge. Other innovative sentencing practices articulated in the code include serving jail time on weekends and off-work hours and paying fines on installment or deferral. The misdemeanor probation law which took effect on September 1, 1979, is patterned after the felony probation statute. For misdemeanor offenses there are no limitations on the length of punishment that may be imposed, and the length of probation for convicted offenders is fixed by statute.