82R9963 KCR-F
By: McClendon H.B. No. 3031
A BILL TO BE ENTITLED
AN ACT
relating to granting certain persons convicted of a felony deferred
adjudication community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsections (d) and (e) to read as
follows:
(d) Subsection (e) applies only to a defendant who is
otherwise described by this section, who is serving a sentence for
an offense listed in Section 3g(a)(1) or for which an affirmative
finding was entered under Section 3g(a)(2), and who would have been
eligible for deferred adjudication for community supervision under
Section 5 for the offense of which the defendant was convicted.
(e) During the period of continuing jurisdiction provided
by this section, on the judge's own motion, on the motion of the
attorney who represented the state in the trial of the offense for
which a defendant described by Subsection (d) was convicted, or on
the written motion of a defendant described by Subsection (d), the
judge of the court that imposed the sentence on the defendant may
allow the defendant to withdraw the defendant's plea, if necessary,
and may place the defendant on deferred adjudication community
supervision under Section 5 in the same manner as, and under the
same circumstance as, the judge is authorized to place other
defendants on community supervision under Section 5.
SECTION 2. Section 8, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsections (d) and (e) to read as
follows:
(d) Subsection (e) applies only to a defendant who is
otherwise described by this section, who is serving a sentence for
an offense listed in Section 3g(a)(1) or for which an affirmative
finding was entered under Section 3g(a)(2), and who would have been
eligible for deferred adjudication for community supervision under
Section 5 for the offense of which the defendant was convicted.
(e) After the expiration of 75 days but before the
expiration of 180 days from the date on which the convicted person
is received into custody by the department, the judge of the court
that imposed the sentence on the defendant may allow the defendant
to withdraw the defendant's plea, if necessary, and may place the
defendant on deferred adjudication community supervision under
Section 5 in the same manner as, and under the same circumstance as,
the judge is authorized to place other defendants on community
supervision under Section 5.
SECTION 3. The change in law made by this Act applies only
to a defendant initially placed on community supervision on or
after the effective date of this Act. A defendant initially placed
on community supervision before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2011.