82R7059 JSC-D
By: Raymond H.B. No. 1113
A BILL TO BE ENTITLED
AN ACT
relating to the sentencing hearing or deferred adjudication hearing
and conditions of community supervision for defendants convicted of
certain offenses involving controlled substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.025 to read as follows:
Art. 42.025. SENTENCING HEARING AT SECONDARY SCHOOL. (a) A
judge may order the sentencing hearing of a defendant convicted of
an offense involving possession, manufacture, or delivery of a
controlled substance under Chapter 481, Health and Safety Code, to
be held at a secondary school if:
(1) the judge determines that the sentencing hearing
would have educational value to students due to the nature of the
offense and its consequences;
(2) the defendant agrees;
(3) the school administration agrees, if the secondary
school is private; and
(4) appropriate measures are taken to ensure:
(A) the safety of the students; and
(B) a fair hearing for the defendant that
complies with all applicable laws and rules.
(b) A judge may, at a secondary school, receive a plea of
guilty or nolo contendere from a defendant charged with an offense
described by Subsection (a) and place the defendant on deferred
adjudication under Section 5, Article 42.12, if:
(1) the judge makes the determination that the
proceeding would have educational value, as provided by Subsection
(a)(1);
(2) the defendant and the school, if the secondary
school is private, agree to the location of the proceeding, as
provided by Subsections (a)(2) and (3); and
(3) appropriate measures are taken in regard to the
safety of students and the rights of the defendant, as described by
Subsection (a)(4).
(c) Each court that hears criminal cases in this state must
hold a sentencing hearing or deferred adjudication proceeding at a
secondary school under Subsection (a) or (b), as appropriate, at
least 12 times in each calendar year, unless:
(1) the court is not assigned a sufficient number of
appropriate cases involving possession, manufacture, or delivery
of a controlled substance; or
(2) fewer than 12 defendants agree to a sentencing
hearing or deferred adjudication proceeding at a secondary school
under Subsection (a) or (b), as appropriate.
SECTION 2. Section 16, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (g) to read as follows:
(g) If the judge orders a defendant placed on community
supervision for an offense involving possession, manufacture, or
delivery of a controlled substance under Chapter 481, Health and
Safety Code, to perform community service, the judge may authorize
the defendant to perform not more than 30 hours of community
outreach under this subsection in lieu of hours of community
service. Community outreach under this subsection consists of
working in conjunction with a secondary school at the direction of
the judge to educate students on the dangers and legal consequences
of possessing, manufacturing, or delivering controlled substances.
A private secondary school is not required to allow a defendant to
perform community outreach at that school. The judge may not
authorize the defendant to perform hours of community outreach
under this subsection in lieu of hours of community service if:
(1) the defendant is physically or mentally incapable
of participating in community outreach; or
(2) the defendant is subject to registration as a sex
offender under Chapter 62.
SECTION 3. The change in law made by this Act applies to a
defendant who is charged with an offense involving possession,
manufacture, or delivery of a controlled substance under Chapter
481, Health and Safety Code, and is sentenced or enters a plea of
guilty or nolo contendere under Section 5, Article 42.12, Code of
Criminal Procedure, on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2011.