Texas 2015 - 84th Regular

Texas Senate Bill SB174 Compare Versions

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

Old	New	Differences
1	1	By: Huffman S.B. No. 174
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the eligibility of certain persons to receive a
7	7	sentence of community supervision, including deferred adjudication
8	8	community supervision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2, Article 42.12, Code of Criminal
11	11	Procedure, is amended by adding Subdivision (5) to read as follows:
12	12	(5) "Illegal alien" means an alien who:
13	13	(A) entered the United States without inspection
14	14	or at any time or any place other than as designated by the United
15	15	States attorney general; or
16	16	(B) was admitted as a nonimmigrant and, before
17	17	the date of the commission of the offense, had failed to maintain
18	18	the nonimmigrant status under which the alien was admitted or to
19	19	which it was changed under Section 248, Immigration and Nationality
20	20	Act (8 U.S.C. Section 1258), or to comply with the conditions of the
21	21	alien's status.
22	22	SECTION 2. Section 3(e), Article 42.12, Code of Criminal
23	23	Procedure, is amended to read as follows:
24	24	(e) A defendant is not eligible for community supervision
25	25	under this section if the defendant:
26	26	(1) is sentenced to a term of imprisonment that
27	27	exceeds 10 years; [or]
28	28	(2) is sentenced to serve a term of confinement under
29	29	Section 12.35, Penal Code; or
30	30	(3) is an illegal alien.
31	31	SECTION 3. Section 4(d), Article 42.12, Code of Criminal
32	32	Procedure, is amended to read as follows:
33	33	(d) A defendant is not eligible for community supervision
34	34	under this section if the defendant:
35	35	(1) is sentenced to a term of imprisonment that
36	36	exceeds 10 years;
37	37	(2) is convicted of a state jail felony for which
38	38	suspension of the imposition of the sentence occurs automatically
39	39	under Section 15(a);
40	40	(3) does not file a sworn motion under Subsection (e)
41	41	of this section or for whom the jury does not enter in the verdict a
42	42	finding that the information contained in the motion is true;
43	43	(4) is convicted of an offense for which punishment is
44	44	increased under Section 481.134(c), (d), (e), or (f), Health and
45	45	Safety Code, if it is shown that the defendant has been previously
46	46	convicted of an offense for which punishment was increased under
47	47	any one of those subsections;
48	48	(5) is convicted of an offense listed in Section
49	49	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
50	50	than 14 years of age at the time the offense was committed;
51	51	(6) is convicted of an offense listed in Section
52	52	3g(a)(1)(D), if the victim of the offense was younger than 14 years
53	53	of age at the time the offense was committed and the actor committed
54	54	the offense with the intent to violate or abuse the victim sexually;
55	55	(7) (7) is convicted of an offense listed in Section
56	56	3g(a)(1)(J), (L), or (M);[or]
57	57	(8) is adjudged guilty of an offense under Section
58	58	19.02, Penal Code; or
59	59	(9) is an illegal alien.
60	60	SECTION 4. Section 5(d), Article 42.12, Code of Criminal
61	61	Procedure, is amended to read as follows:
62	62	(d) In all other cases the judge may grant deferred
63	63	adjudication unless:
64	64	(1) the defendant is charged with an offense:
65	65	(A) under Sections 49.04-49.08, Penal Code; or
66	66	(B) for which punishment may be increased under
67	67	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
68	68	is shown that the defendant has been previously convicted of an
69	69	offense for which punishment was increased under any one of those
70	70	subsections;
71	71	(2) the defendant:
72	72	(A) is charged with an offense under Section
73	73	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
74	74	victim, or a felony described by Section 13B(b) of this article; and
75	75	(B) has previously been placed on community
76	76	supervision for any offense under Paragraph (A) of this
77	77	subdivision; [or]
78	78	(3) the defendant is charged with an offense under:
79	79	(A) Section 21.02, Penal Code; or
80	80	(B) Section 22.021, Penal Code, that is
81	81	punishable under Subsection (f) of that section or under Section
82	82	12.42(c)(3), Penal Code; [or]
83	83	(4) the defendant is charged with an offense under
84	84	Section 19.02, Penal Code, except that the judge may grant deferred
85	85	adjudication on determining that the defendant did not cause the
86	86	death of the deceased, did not intend to kill the deceased or
87	87	another, and did not anticipate that a human life would be taken; or
88	88	(5) the defendant is an illegal alien.
89	89	SECTION 5. Section 15(a), Article 42.12, Code of Criminal
90	90	Procedure, is amended by adding Subdivision (7) to read as follows:
91	91	(7) 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, 2015.