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Texas Code of Criminal Procedure - CRIM P Art. § 42A.252. Presentence Report Required

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(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.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 42A.252. Presentence Report Required - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-252/

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