Art. 42A.252 PRESENTENCE REPORT REQUIRED
Chapter 42A: Community Supervision
Rule Text
(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.
Amendment history: Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.