(a) Except as provided by Subsection (e), on a defendant‘s conviction of a Class B misdemeanor under § 43.02(a), Penal Code, the judge shall suspend imposition of the sentence and place the defendant on community supervision.
(b) Except as provided by Subsection (e), on a defendant’s conviction of a state jail felony under § 43.02(c)(2), Penal Code, that is punished under § 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision. This subsection does not apply to a defendant who has previously been convicted of any other state jail felony under § 43.02(c)(2), Penal Code, that is punished under § 12.35, Penal Code.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
State jail felonybetween 180 days and 2 yearsup to $10,000
Class B misdemeanorup to 180 daysup to $2,000
For details, see Texas Penal Code § 12.35 and Texas Penal Code § 12.22

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Terms Used In Texas Code of Criminal Procedure 42A.515

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(c) A judge who places a defendant on community supervision under Subsection (a) or (b) shall require as a condition of community supervision that the defendant participate in a commercially sexually exploited persons court program established under Chapter 126, Government Code, if a program has been established for the county or municipality where the defendant resides. Sections 126.002(b) and (c), Government Code, do not apply with respect to a defendant required to participate in the court program under this subsection.
(d) A judge who requires a defendant to participate in a commercially sexually exploited persons court program under Subsection (c) may suspend in whole or in part the imposition of the program fee described by § 126.006, Government Code.
(e) In any case in which the jury assesses punishment, the judge must follow the recommendations of the jury in suspending the imposition of a sentence or ordering a sentence to be executed. If a jury assessing punishment does not recommend community supervision, the judge must order the sentence to be executed in whole.
(f) The judge may suspend in whole or in part the imposition of any fine imposed on conviction.