Texas 2009 - 81st Regular

Texas Senate Bill SB1422 Compare Versions

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

Old	New	Differences
1	1	2009S0580-1 03/05/09
2	2	By: Huffman S.B. No. 1422
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 alien" means an alien who:
14	14	(A) entered the United States without inspection
15	15	or at any time or any place other than as designated by the United
16	16	States attorney general; or
17	17	(B) was admitted as a nonimmigrant and, before
18	18	the date of the commission of the offense, had failed to maintain
19	19	the nonimmigrant status under which the alien was admitted or to
20	20	which it was changed under Section 248, Immigration and Nationality
21	21	Act (8 U.S.C. Section 1258), or to comply with the conditions of the
22	22	alien's status.
23	23	SECTION 2. Subsection (e), Section 3, Article 42.12, Code
24	24	of Criminal Procedure, is amended to read as follows:
25	25	(e) A defendant is not eligible for community supervision
26	26	under this section if the defendant:
27	27	(1) is sentenced to a term of imprisonment that
28	28	exceeds 10 years; [or]
29	29	(2) is sentenced to serve a term of confinement under
30	30	Section 12.35, Penal Code; or
31	31	(3) is an illegal alien.
32	32	SECTION 3. Subsection (d), Section 4, Article 42.12, Code
33	33	of Criminal Procedure, as amended by Chapters 593 (H.B. 8) and 1205
34	34	(H.B. 1678), Acts of the 80th Legislature, Regular Session, 2007,
35	35	is reenacted and amended to read as follows:
36	36	(d) A defendant is not eligible for community supervision
37	37	under this section if the defendant:
38	38	(1) is sentenced to a term of imprisonment that
39	39	exceeds 10 years;
40	40	(2) is convicted of a state jail felony for which
41	41	suspension of the imposition of the sentence occurs automatically
42	42	under Section 15(a);
43	43	(3) does not file a sworn motion under Subsection (e)
44	44	of this section or for whom the jury does not enter in the verdict a
45	45	finding that the information contained in the motion is true;
46	46	(4) is convicted of an offense for which punishment is
47	47	increased under Section 481.134(c), (d), (e), or (f), Health and
48	48	Safety Code, if it is shown that the defendant has been previously
49	49	convicted of an offense for which punishment was increased under
50	50	any one of those subsections;
51	51	(5) is convicted of an offense listed in Section
52	52	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
53	53	than 14 years of age at the time the offense was committed;
54	54	(6) is convicted of an offense listed in Section
55	55	3g(a)(1)(D), if the victim of the offense was younger than 14 years
56	56	of age at the time the offense was committed and the actor committed
57	57	the offense with the intent to violate or abuse the victim sexually;
58	58	[or]
59	59	(7) is convicted of an offense listed in Section
60	60	3g(a)(1)(I);
61	61	(8) is adjudged guilty of an offense under Section
62	62	19.02, Penal Code; or
63	63	(9) is an illegal alien.
64	64	SECTION 4. Subsection (d), Section 5, Article 42.12, Code
65	65	of Criminal Procedure, is amended to read as follows:
66	66	(d) In all other cases the judge may grant deferred
67	67	adjudication unless:
68	68	(1) the defendant is charged with an offense:
69	69	(A) under Sections 49.04-49.08, Penal Code; or
70	70	(B) for which punishment may be increased under
71	71	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
72	72	is shown that the defendant has been previously convicted of an
73	73	offense for which punishment was increased under any one of those
74	74	subsections;
75	75	(2) the defendant:
76	76	(A) is charged with an offense under Section
77	77	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
78	78	victim, or a felony described by Section 13B(b) of this article; and
79	79	(B) has previously been placed on community
80	80	supervision for any offense under Paragraph (A) of this
81	81	subdivision; [or]
82	82	(3) the defendant is charged with an offense under:
83	83	(A) Section 21.02, Penal Code; or
84	84	(B) Section 22.021, Penal Code, that is
85	85	punishable under Subsection (f) of that section or under Section
86	86	12.42(c)(3), Penal Code; or
87	87	(4) the defendant is an illegal alien.
88	88	SECTION 5. Subsection (a), Section 15, Article 42.12, Code
89	89	of Criminal Procedure, is amended by adding Subdivision (4) to read
90	90	as follows:
91	91	(4) Notwithstanding any other provision of this
92	92	subsection, a defendant is not eligible for community supervision
93	93	under this section if the defendant is an illegal alien.
94	94	SECTION 6. The change in law made by this Act applies only
95	95	to an offense committed on or after the effective date of this Act.
96	96	An offense committed before the effective date of this Act is
97	97	covered by the law in effect when the offense was committed, and the
98	98	former law is continued in effect for that purpose. For purposes of
99	99	this section, an offense was committed before the effective date of
100	100	this Act if any element of the offense occurred before that date.
101	101	SECTION 7. This Act takes effect September 1, 2009.