By: Hernandez (Senate Sponsor - Huffman) H.B. No. 2758
(In the Senate - Received from the House April 24, 2019;
May 1, 2019, read first time and referred to Committee on Criminal
Justice; May 10, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 10, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2758 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to changing the eligibility of persons charged with
certain offenses to receive community supervision, including
deferred adjudication community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.054, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 20A.03, Penal Code (Continuous
Trafficking of Persons);
(7) Section 21.11 [21.11(a)(1)], Penal Code
(Indecency with a Child);
(8) [(7)] Section 22.011, Penal Code (Sexual
Assault);
(9) [(8)] Section 22.021, Penal Code (Aggravated
Sexual Assault);
(10) [(9)] Section 22.04(a)(1), Penal Code (Injury to
a Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(11) [(10)] Section 29.03, Penal Code (Aggravated
Robbery);
(12) [(11)] Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.11, 22.011,
22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion
of Prostitution);
(14) [(12)] Section 43.05, Penal Code (Compelling
Prostitution);
(15) [(13)] Section 43.25, Penal Code (Sexual
Performance by a Child); or
(16) [(14)] Chapter 481, Health and Safety Code, for
which punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections.
(e) Notwithstanding Subsection (a), with respect to an
offense committed by a defendant under Section 43.04 or 43.05,
Penal Code, a judge may place the defendant on community
supervision as permitted by Article 42A.053 if the judge makes a
finding that the defendant committed the offense solely as a victim
of an offense under Section 20A.02, 20A.03, 43.03, 43.04, or 43.05,
Penal Code.
SECTION 2. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section 21.11
[21.11(a)(1)], 22.011, or 22.021, Penal Code, if the victim of the
offense was younger than 14 years of age at the time the offense was
committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code; or
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections.
SECTION 3. Article 42A.102, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
COMMUNITY SUPERVISION. (a) Subject to Subsection (b), a [A] judge
may place on deferred adjudication community supervision a
defendant charged with an offense under Section 21.11, 22.011, or
22.021, Penal Code, regardless of the age of the victim, or a
defendant charged with a felony described by Article 42A.453(b)
only if the judge makes a finding in open court that placing the
defendant on deferred adjudication community supervision is in the
best interest of the victim. The failure of the judge to make a
finding under this subsection is not grounds for the defendant to
set aside the plea, deferred adjudication, or any subsequent
conviction or sentence.
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 20A.02 or 20A.03 or Sections
49.04-49.08, Penal Code; or
(B) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, [or] 22.021, 43.04, or 43.05, Penal Code, regardless
of the age of the victim, or a felony described by Article
42A.453(b), other than a felony described by Subdivision (1)(A) or
(3)(B) of this subsection; and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
SECTION 4. Section 773.0614(c), Health and Safety Code, is
amended to read as follows:
(c) A certificate holder's certificate shall be revoked if
the certificate holder has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for:
(1) an offense listed in Article 42A.054(a)(2), (3),
(4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of
Criminal Procedure; or
(2) an offense, other than an offense described by
Subdivision (1), committed on or after September 1, 2009, for which
the person is subject to registration under Chapter 62, Code of
Criminal Procedure.
SECTION 5. Section 773.06141(a), Health and Safety Code, is
amended to read as follows:
(a) The department may suspend, revoke, or deny an emergency
medical services provider license on the grounds that the
provider's administrator of record, employee, or other
representative:
(1) has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, an
offense that directly relates to the duties and responsibilities of
the administrator, employee, or representative, other than an
offense for which points are assigned under Section 708.052,
Transportation Code;
(2) has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for an
offense, including:
(A) an offense listed in Article 42A.054(a)(2),
(3), (4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of
Criminal Procedure; or
(B) an offense, other than an offense described
by Subdivision (1), for which the person is subject to registration
under Chapter 62, Code of Criminal Procedure; or
(3) has been convicted of Medicare or Medicaid fraud,
has been excluded from participation in the state Medicaid program,
or has a hold on payment for reimbursement under the state Medicaid
program under Subchapter C, Chapter 531, Government Code.
SECTION 6. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 7. The Texas Department of Criminal Justice is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the department may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 8. This Act takes effect September 1, 2019.
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