Texas 2019 - 86th Regular

Texas House Bill HB2758 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2758
	1	+	By: Hernandez (Senate Sponsor - Huffman) H.B. No. 2758
	2	+	(In the Senate - Received from the House April 24, 2019;
	3	+	May 1, 2019, read first time and referred to Committee on Criminal
	4	+	Justice; May 10, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	6	+	May 10, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2758 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to changing the eligibility of persons charged with
6	14		certain offenses to receive community supervision, including
7	15		deferred adjudication community supervision.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Article 42A.054, Code of Criminal Procedure, is
10	18		amended by amending Subsection (a) and adding Subsection (e) to
11	19		read as follows:
12	20		(a) Article 42A.053 does not apply to a defendant adjudged
13	21		guilty of an offense under:
14	22		(1) Section 15.03, Penal Code, if the offense is
15	23		punishable as a felony of the first degree;
16	24		(2) Section 19.02, Penal Code (Murder);
17	25		(3) Section 19.03, Penal Code (Capital Murder);
18	26		(4) Section 20.04, Penal Code (Aggravated
19	27		Kidnapping);
20	28		(5) Section 20A.02, Penal Code (Trafficking of
21	29		Persons);
22	30		(6) Section 20A.03, Penal Code (Continuous
23	31		Trafficking of Persons);
24	32		(7) Section 21.11 [21.11(a)(1)], Penal Code
25	33		(Indecency with a Child);
26	34		(8) [(7)] Section 22.011, Penal Code (Sexual
27	35		Assault);
28	36		(9) [(8)] Section 22.021, Penal Code (Aggravated
29	37		Sexual Assault);
30		-	(10) [(9)] Section 22.04(a)(1),
31		-	Penal Code (Injury to
	38	+	(10) [(9)] Section 22.04(a)(1), Penal Code (Injury to
32	39		a Child, Elderly Individual, or Disabled Individual), if:
33	40		(A) the offense is punishable as a felony of the
34	41		first degree; and
35	42		(B) the victim of the offense is a child;
36	43		(11) [(10)] Section 29.03, Penal Code (Aggravated
37	44		Robbery);
38	45		(12) [(11)] Section 30.02, Penal Code (Burglary), if:
39	46		(A) the offense is punishable under Subsection
40	47		(d) of that section; and
41	48		(B) the actor committed the offense with the
42	49		intent to commit a felony under Section 21.02, 21.11, 22.011,
43	50		22.021, or 25.02, Penal Code;
44	51		(13) Section 43.04, Penal Code (Aggravated Promotion
45	52		of Prostitution);
46	53		(14) [(12)] Section 43.05, Penal Code (Compelling
47	54		Prostitution);
48	55		(15) [(13)] Section 43.25, Penal Code (Sexual
49	56		Performance by a Child); or
50	57		(16) [(14)] Chapter 481, Health and Safety Code, for
51	58		which punishment is increased under:
52	59		(A) Section 481.140 of that code (Use of Child in
53	60		Commission of Offense); or
54	61		(B) Section 481.134(c), (d), (e), or (f) of that
55	62		code (Drug-free Zones) if it is shown that the defendant has been
56	63		previously convicted of an offense for which punishment was
57	64		increased under any of those subsections.
58	65		(e) Notwithstanding Subsection (a), with respect to an
59	66		offense committed by a defendant under Section 43.04 or 43.05,
60	67		Penal Code, a judge may place the defendant on community
61	68		supervision as permitted by Article 42A.053 if the judge makes a
62	69		finding that the defendant committed the offense solely as a victim
63	70		of an offense under Section 20A.02, 20A.03, 43.03, 43.04, or 43.05,
64	71		Penal Code.
65	72		SECTION 2. Article 42A.056, Code of Criminal Procedure, is
66	73		amended to read as follows:
67	74		Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
68	75		SUPERVISION. A defendant is not eligible for community supervision
69	76		under Article 42A.055 if the defendant:
70	77		(1) is sentenced to a term of imprisonment that
71	78		exceeds 10 years;
72	79		(2) is convicted of a state jail felony for which
73	80		suspension of the imposition of the sentence occurs automatically
74	81		under Article 42A.551;
75	82		(3) is adjudged guilty of an offense under Section
76	83		19.02, Penal Code;
77	84		(4) is convicted of an offense under Section 21.11
78	85		[21.11(a)(1)], 22.011, or 22.021, Penal Code, if the victim of the
79	86		offense was younger than 14 years of age at the time the offense was
80	87		committed;
81	88		(5) is convicted of an offense under Section 20.04,
82	89		Penal Code, if:
83	90		(A) the victim of the offense was younger than 14
84	91		years of age at the time the offense was committed; and
85	92		(B) the actor committed the offense with the
86	93		intent to violate or abuse the victim sexually;
87	94		(6) is convicted of an offense under Section 20A.02,
88	95		20A.03, 43.04, 43.05, or 43.25, Penal Code; or
89	96		(7) is convicted of an offense for which punishment is
90	97		increased under Section 481.134(c), (d), (e), or (f), Health and
91	98		Safety Code, if it is shown that the defendant has been previously
92	99		convicted of an offense for which punishment was increased under
93	100		any of those subsections.
94	101		SECTION 3. Article 42A.102, Code of Criminal Procedure, is
95	102		amended to read as follows:
96	103		Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
97	104		COMMUNITY SUPERVISION. (a) Subject to Subsection (b), a [A] judge
98	105		may place on deferred adjudication community supervision a
99	106		defendant charged with an offense under Section 21.11, 22.011, or
100	107		22.021, Penal Code, regardless of the age of the victim, or a
101	108		defendant charged with a felony described by Article 42A.453(b)
102	109		only if the judge makes a finding in open court that placing the
103	110		defendant on deferred adjudication community supervision is in the
104	111		best interest of the victim. The failure of the judge to make a
105	112		finding under this subsection is not grounds for the defendant to
106	113		set aside the plea, deferred adjudication, or any subsequent
107	114		conviction or sentence.
108	115		(b) In all other cases, the judge may grant deferred
109	116		adjudication community supervision unless:
110	117		(1) the defendant is charged with an offense:
111	118		(A) under Section 20A.02 or 20A.03 or Sections
112	119		49.04-49.08, Penal Code; or
113	120		(B) for which punishment may be increased under
114	121		Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
115	122		is shown that the defendant has been previously convicted of an
116	123		offense for which punishment was increased under any one of those
117	124		subsections;
118	125		(2) the defendant:
119	126		(A) is charged with an offense under Section
120	127		21.11, 22.011, [or] 22.021, 43.04, or 43.05, Penal Code, regardless
121	128		of the age of the victim, or a felony described by Article
122	129		42A.453(b), other than a felony described by Subdivision (1)(A) or
123	130		(3)(B) of this subsection; and
124	131		(B) has previously been placed on community
125	132		supervision for an offense under Paragraph (A);
126	133		(3) the defendant is charged with an offense under:
127	134		(A) Section 21.02, Penal Code; or
128	135		(B) Section 22.021, Penal Code, that is
129	136		punishable under Subsection (f) of that section or under Section
130	137		12.42(c)(3) or (4), Penal Code; or
131	138		(4) the defendant is charged with an offense under
132	139		Section 19.02, Penal Code, except that the judge may grant deferred
133	140		adjudication community supervision on determining that the
134	141		defendant did not cause the death of the deceased, did not intend to
135	142		kill the deceased or another, and did not anticipate that a human
136	143		life would be taken.
137	144		SECTION 4. Section 773.0614(c), Health and Safety Code, is
138	145		amended to read as follows:
139	146		(c) A certificate holder's certificate shall be revoked if
140	147		the certificate holder has been convicted of or placed on deferred
141	148		adjudication community supervision or deferred disposition for:
142	149		(1) an offense listed in Article 42A.054(a)(2), (3),
143	150		(4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of
144	151		Criminal Procedure; or
145	152		(2) an offense, other than an offense described by
146	153		Subdivision (1), committed on or after September 1, 2009, for which
147	154		the person is subject to registration under Chapter 62, Code of
148	155		Criminal Procedure.
149	156		SECTION 5. Section 773.06141(a), Health and Safety Code, is
150	157		amended to read as follows:
151	158		(a) The department may suspend, revoke, or deny an emergency
152	159		medical services provider license on the grounds that the
153	160		provider's administrator of record, employee, or other
154	161		representative:
155	162		(1) has been convicted of, or placed on deferred
156	163		adjudication community supervision or deferred disposition for, an
157	164		offense that directly relates to the duties and responsibilities of
158	165		the administrator, employee, or representative, other than an
159	166		offense for which points are assigned under Section 708.052,
160	167		Transportation Code;
161	168		(2) has been convicted of or placed on deferred
162	169		adjudication community supervision or deferred disposition for an
163	170		offense, including:
164	171		(A) an offense listed in Article 42A.054(a)(2),
165	172		(3), (4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of
166	173		Criminal Procedure; or
167	174		(B) an offense, other than an offense described
168	175		by Subdivision (1), for which the person is subject to registration
169	176		under Chapter 62, Code of Criminal Procedure; or
170	177		(3) has been convicted of Medicare or Medicaid fraud,
171	178		has been excluded from participation in the state Medicaid program,
172	179		or has a hold on payment for reimbursement under the state Medicaid
173	180		program under Subchapter C, Chapter 531, Government Code.
174	181		SECTION 6. The changes in law made by this Act apply only to
175	182		an offense committed on or after the effective date of this Act. An
176	183		offense committed before the effective date of this Act is governed
177	184		by the law in effect on the date the offense was committed, and the
178	185		former law is continued in effect for that purpose. For purposes of
179	186		this section, an offense was committed before the effective date of
180	187		this Act if any element of the offense occurred before that date.
181	188		SECTION 7. The Texas Department of Criminal Justice is
182	189		required to implement a provision of this Act only if the
183	190		legislature appropriates money specifically for that purpose. If
184	191		the legislature does not appropriate money specifically for that
185	192		purpose, the department may, but is not required to, implement a
186	193		provision of this Act using other appropriations available for that
187	194		purpose.
188	195		SECTION 8. This Act takes effect September 1, 2019.
189		-	______________________________ ______________________________
190		-	President of the Senate Speaker of the House
191		-	I certify that H.B. No. 2758 was passed by the House on April
192		-	24, 2019, by the following vote: Yeas 145, Nays 0, 2 present, not
193		-	voting; and that the House concurred in Senate amendments to H.B.
194		-	No. 2758 on May 23, 2019, by the following vote: Yeas 140, Nays 0,
195		-	1 present, not voting.
196		-	______________________________
197		-	Chief Clerk of the House
198		-	I certify that H.B. No. 2758 was passed by the Senate, with
199		-	amendments, on May 21, 2019, by the following vote: Yeas 31, Nays
200		-	0.
201		-	______________________________
202		-	Secretary of the Senate
203		-	APPROVED: __________________
204		-	Date
205		-	__________________
206		-	Governor
	196	+	* * * * *