| 1 | 1 | | By: Hochberg, Carter, Gallego H.B. No. 371 |
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| 2 | 2 | | (Senate Sponsor - Hegar) |
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| 3 | 3 | | (In the Senate - Received from the House April 6, 2011; |
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| 4 | 4 | | April 20, 2011, read first time and referred to Committee on |
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| 5 | 5 | | Criminal Justice; May 21, 2011, reported favorably by the |
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| 6 | 6 | | following vote: Yeas 6, Nays 0; May 21, 2011, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to prohibiting deferred adjudication community |
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| 12 | 12 | | supervision for certain defendants convicted of murder. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 5(d), Article 42.12, Code of Criminal |
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| 15 | 15 | | Procedure, is amended to read as follows: |
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| 16 | 16 | | (d) In all other cases the judge may grant deferred |
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| 17 | 17 | | adjudication unless: |
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| 18 | 18 | | (1) the defendant is charged with an offense: |
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| 19 | 19 | | (A) under Sections 49.04-49.08, Penal Code; or |
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| 20 | 20 | | (B) for which punishment may be increased under |
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| 21 | 21 | | Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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| 22 | 22 | | is shown that the defendant has been previously convicted of an |
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| 23 | 23 | | offense for which punishment was increased under any one of those |
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| 24 | 24 | | subsections; |
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| 25 | 25 | | (2) the defendant: |
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| 26 | 26 | | (A) is charged with an offense under Section |
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| 27 | 27 | | 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
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| 28 | 28 | | victim, or a felony described by Section 13B(b) of this article; and |
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| 29 | 29 | | (B) has previously been placed on community |
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| 30 | 30 | | supervision for any offense under Paragraph (A) of this |
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| 31 | 31 | | subdivision; [or] |
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| 32 | 32 | | (3) the defendant is charged with an offense under: |
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| 33 | 33 | | (A) Section 21.02, Penal Code; or |
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| 34 | 34 | | (B) Section 22.021, Penal Code, that is |
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| 35 | 35 | | punishable under Subsection (f) of that section or under Section |
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| 36 | 36 | | 12.42(c)(3), Penal Code; or |
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| 37 | 37 | | (4) the defendant is charged with an offense under |
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| 38 | 38 | | Section 19.02, Penal Code, except that the judge may grant deferred |
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| 39 | 39 | | adjudication on determining that the defendant did not cause the |
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| 40 | 40 | | death of the deceased, did not intend to kill the deceased or |
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| 41 | 41 | | another, and did not anticipate that a human life would be taken. |
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| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
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| 43 | 43 | | to an offense committed on or after the effective date of this Act. |
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| 44 | 44 | | An offense committed before the effective date of this Act is |
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| 45 | 45 | | covered by the law in effect when the offense was committed, and the |
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| 46 | 46 | | former law is continued in effect for that purpose. For purposes of |
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| 47 | 47 | | this section, an offense was committed before the effective date of |
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| 48 | 48 | | this Act if any element of the offense occurred before that date. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 50 | 50 | | * * * * * |
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