Texas 2011 - 82nd Regular

Texas House Bill HB1113 Compare Versions

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1	1	By: Raymond, Gallego, Christian H.B. No. 1113
2	2	(Senate Sponsor - Zaffirini)
3	3	(In the Senate - Received from the House May 4, 2011;
4	4	May 5, 2011, read first time and referred to Committee on Criminal
5	5	Justice; May 21, 2011, reported favorably by the following vote:
6	6	Yeas 6, Nays 0; May 21, 2011, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the sentencing hearing or deferred adjudication hearing
12	12	and conditions of community supervision for defendants convicted of
13	13	certain offenses involving controlled substances.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 42, Code of Criminal Procedure, is
16	16	amended by adding Article 42.025 to read as follows:
17	17	Art. 42.025. SENTENCING HEARING AT SECONDARY SCHOOL. (a) A
18	18	judge may order the sentencing hearing of a defendant convicted of
19	19	an offense involving possession, manufacture, or delivery of a
20	20	controlled substance under Chapter 481, Health and Safety Code, to
21	21	be held at a secondary school if:
22	22	(1) the judge determines that the sentencing hearing
23	23	would have educational value to students due to the nature of the
24	24	offense and its consequences;
25	25	(2) the defendant agrees;
26	26	(3) the school administration agrees; and
27	27	(4) appropriate measures are taken to ensure:
28	28	(A) the safety of the students; and
29	29	(B) a fair hearing for the defendant that
30	30	complies with all applicable laws and rules.
31	31	(b) A judge may, at a secondary school, receive a plea of
32	32	guilty or nolo contendere from a defendant charged with an offense
33	33	described by Subsection (a) and place the defendant on deferred
34	34	adjudication under Section 5, Article 42.12, if:
35	35	(1) the judge makes the determination that the
36	36	proceeding would have educational value, as provided by Subsection
37	37	(a)(1);
38	38	(2) the defendant and the school agree to the location
39	39	of the proceeding, as provided by Subsections (a)(2) and (3); and
40	40	(3) appropriate measures are taken in regard to the
41	41	safety of students and the rights of the defendant, as described by
42	42	Subsection (a)(4).
43	43	SECTION 2. Section 16, Article 42.12, Code of Criminal
44	44	Procedure, is amended by adding Subsection (g) to read as follows:
45	45	(g) If the judge orders a defendant placed on community
46	46	supervision for an offense involving possession, manufacture, or
47	47	delivery of a controlled substance under Chapter 481, Health and
48	48	Safety Code, to perform community service, the judge may authorize
49	49	the defendant to perform not more than 30 hours of community
50	50	outreach under this subsection in lieu of hours of community
51	51	service. Community outreach under this subsection consists of
52	52	working in conjunction with a secondary school at the direction of
53	53	the judge to educate students on the dangers and legal consequences
54	54	of possessing, manufacturing, or delivering controlled substances.
55	55	A secondary school is not required to allow a defendant to perform
56	56	community outreach at that school. The judge may not authorize the
57	57	defendant to perform hours of community outreach under this
58	58	subsection in lieu of hours of community service if:
59	59	(1) the defendant is physically or mentally incapable
60	60	of participating in community outreach; or
61	61	(2) the defendant is subject to registration as a sex
62	62	offender under Chapter 62.
63	63	SECTION 3. The change in law made by this Act applies to a
64	64	defendant charged with an offense involving possession,
65	65	manufacture, or delivery of a controlled substance under Chapter
66	66	481, Health and Safety Code, who is sentenced or enters a plea of
67	67	guilty or nolo contendere under Section 5, Article 42.12, Code of
68	68	Criminal Procedure, on or after the effective date of this Act.
69	69	SECTION 4. This Act takes effect September 1, 2011.
70	70	* * * * *