(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.
(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.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 42A - Community Supervision
Subchapter F. Presentence and Postsentence Reports and Evaluations
Article 42A.252. Presentence Report Required
Article 42A.253. Contents of Presentence Report
Article 42A.254. Inspection by Judge; Disclosure of Contents
Article 42A.255. Inspection and Comment by Defendant; Access to Information by State
Article 42A.256. Release of Information to Supervision Officer; Confidentiality of Report
Article 42A.257. Evaluation for Purposes of Alcohol or Drug Rehabilitation