81R728 KEL-D
By: Berman H.B. No. 260
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain persons to receive a
sentence of community supervision, including deferred adjudication
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 42.12, Code of Criminal
Procedure, is amended by adding Subdivision (5) to read as follows:
(5) "Illegal immigrant" means an individual who is not
a citizen or national of the United States and who has entered the
United States without inspection and authorization by an
immigration officer.
SECTION 2. Section 3(e), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(e) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years; [or]
(2) is sentenced to serve a term of confinement under
Section 12.35, Penal Code; or
(3) is an illegal immigrant and has previously been
convicted of an offense in this state.
SECTION 3. Section 4(d), Article 42.12, Code of Criminal
Procedure, as amended by Chapters 593 (H.B. 8) and 1205 (H.B. 1678),
Acts of the 80th Legislature, Regular Session, 2007, is reenacted
and amended to read as follows:
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Section 15(a);
(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true;
(4) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any one of those subsections;
(5) is convicted of an offense listed in Section
3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
than 14 years of age at the time the offense was committed;
(6) is convicted of an offense listed in Section
3g(a)(1)(D), if the victim of the offense was younger than 14 years
of age at the time the offense was committed and the actor committed
the offense with the intent to violate or abuse the victim sexually;
[or]
(7) is convicted of an offense listed in Section
3g(a)(1)(J);
(8) [3g(a)(1)(I)] is adjudged guilty of an offense
under Section 19.02, Penal Code; or
(9) is an illegal immigrant and has previously been
convicted of an offense in this state.
SECTION 4. Section 5(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) In all other cases the judge may grant deferred
adjudication unless:
(1) the defendant is charged with an offense:
(A) under Sections 49.04-49.08, Penal Code; or
(B) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Section 13B(b) of this article; and
(B) has previously been placed on community
supervision for any offense under Paragraph (A) of this
subdivision; [or]
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3), Penal Code; or
(4) the defendant is an illegal immigrant and has
previously been convicted of an offense in this state.
SECTION 5. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2009.