Texas 2009 - 81st Regular

Texas House Bill HB260 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R728 KEL-D
2	2	By: Berman H.B. No. 260
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain persons to receive a
8	8	sentence of community supervision, including deferred adjudication
9	9	community supervision.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2, Article 42.12, Code of Criminal
12	12	Procedure, is amended by adding Subdivision (5) to read as follows:
13	13	(5) "Illegal immigrant" means an individual who is not
14	14	a citizen or national of the United States and who has entered the
15	15	United States without inspection and authorization by an
16	16	immigration officer.
17	17	SECTION 2. Section 3(e), Article 42.12, Code of Criminal
18	18	Procedure, is amended to read as follows:
19	19	(e) A defendant is not eligible for community supervision
20	20	under this section if the defendant:
21	21	(1) is sentenced to a term of imprisonment that
22	22	exceeds 10 years; [or]
23	23	(2) is sentenced to serve a term of confinement under
24	24	Section 12.35, Penal Code; or
25	25	(3) is an illegal immigrant and has previously been
26	26	convicted of an offense in this state.
27	27	SECTION 3. Section 4(d), Article 42.12, Code of Criminal
28	28	Procedure, as amended by Chapters 593 (H.B. 8) and 1205 (H.B. 1678),
29	29	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
30	30	and amended to read as follows:
31	31	(d) A defendant is not eligible for community supervision
32	32	under this section if the defendant:
33	33	(1) is sentenced to a term of imprisonment that
34	34	exceeds 10 years;
35	35	(2) is convicted of a state jail felony for which
36	36	suspension of the imposition of the sentence occurs automatically
37	37	under Section 15(a);
38	38	(3) does not file a sworn motion under Subsection (e)
39	39	of this section or for whom the jury does not enter in the verdict a
40	40	finding that the information contained in the motion is true;
41	41	(4) is convicted of an offense for which punishment is
42	42	increased under Section 481.134(c), (d), (e), or (f), Health and
43	43	Safety Code, if it is shown that the defendant has been previously
44	44	convicted of an offense for which punishment was increased under
45	45	any one of those subsections;
46	46	(5) is convicted of an offense listed in Section
47	47	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
48	48	than 14 years of age at the time the offense was committed;
49	49	(6) is convicted of an offense listed in Section
50	50	3g(a)(1)(D), if the victim of the offense was younger than 14 years
51	51	of age at the time the offense was committed and the actor committed
52	52	the offense with the intent to violate or abuse the victim sexually;
53	53	[or]
54	54	(7) is convicted of an offense listed in Section
55	55	3g(a)(1)(J);
56	56	(8) [3g(a)(1)(I)] is adjudged guilty of an offense
57	57	under Section 19.02, Penal Code; or
58	58	(9) is an illegal immigrant and has previously been
59	59	convicted of an offense in this state.
60	60	SECTION 4. Section 5(d), Article 42.12, Code of Criminal
61	61	Procedure, is amended to read as follows:
62	62	(d) In all other cases the judge may grant deferred
63	63	adjudication unless:
64	64	(1) the defendant is charged with an offense:
65	65	(A) under Sections 49.04-49.08, Penal Code; or
66	66	(B) for which punishment may be increased under
67	67	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
68	68	is shown that the defendant has been previously convicted of an
69	69	offense for which punishment was increased under any one of those
70	70	subsections;
71	71	(2) the defendant:
72	72	(A) is charged with an offense under Section
73	73	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
74	74	victim, or a felony described by Section 13B(b) of this article; and
75	75	(B) has previously been placed on community
76	76	supervision for any offense under Paragraph (A) of this
77	77	subdivision; [or]
78	78	(3) the defendant is charged with an offense under:
79	79	(A) Section 21.02, Penal Code; or
80	80	(B) Section 22.021, Penal Code, that is
81	81	punishable under Subsection (f) of that section or under Section
82	82	12.42(c)(3), Penal Code; or
83	83	(4) the defendant is an illegal immigrant and has
84	84	previously been convicted of an offense in this state.
85	85	SECTION 5. The change in law made by this Act applies only
86	86	to an offense committed on or after the effective date of this Act.
87	87	An offense committed before the effective date of this Act is
88	88	covered by the law in effect when the offense was committed, and the
89	89	former law is continued in effect for that purpose. For purposes of
90	90	this section, an offense was committed before the effective date of
91	91	this Act if any element of the offense occurred before that date.
92	92	SECTION 6. This Act takes effect September 1, 2009.