Texas 2019 - 86th Regular

Texas House Bill HB4287 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R11776 LHC-D
2		-	By: Zedler~~, Bell of Kaufman~~ H.B. No. 4287
	2	+	By: Zedler H.B. No. 4287
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to changing the eligibility of persons charged with
8	8		certain offenses to receive community supervision, including
9	9		deferred adjudication community supervision.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
12	12		is amended to read as follows:
13	13		(a) Article 42A.053 does not apply to a defendant adjudged
14	14		guilty of an offense under:
15	15		(1) Section 15.03, Penal Code, if the offense is
16	16		punishable as a felony of the first degree;
17	17		(2) Section 19.02, Penal Code (Murder);
18	18		(3) Section 19.03, Penal Code (Capital Murder);
19	19		(4) Section 20.04, Penal Code (Aggravated
20	20		Kidnapping);
21	21		(5) Section 20A.02, Penal Code (Trafficking of
22	22		Persons);
23	23		(6) Section 20A.03, Penal Code (Continuous
24	24		Trafficking of Persons);
25	25		(7) Section 21.11 [21.11(a)(1)], Penal Code
26	26		(Indecency with a Child);
27	27		(8) [(7)] Section 22.011, Penal Code (Sexual
28	28		Assault);
29	29		(9) [(8)] Section 22.021, Penal Code (Aggravated
30	30		Sexual Assault);
31	31		(10) [(9)] Section 22.04(a)(1), Penal Code (Injury to
32	32		a Child, Elderly Individual, or Disabled Individual), if:
33	33		(A) the offense is punishable as a felony of the
34	34		first degree; and
35	35		(B) the victim of the offense is a child;
36	36		(11) [(10)] Section 29.03, Penal Code (Aggravated
37	37		Robbery);
38	38		(12) [(11)] Section 30.02, Penal Code (Burglary), if:
39	39		(A) the offense is punishable under Subsection
40	40		(d) of that section; and
41	41		(B) the actor committed the offense with the
42	42		intent to commit a felony under Section 21.02, 21.11, 22.011,
43	43		22.021, or 25.02, Penal Code;
44	44		(13) Section 43.04, Penal Code (Aggravated Promotion
45	45		of Prostitution);
46	46		(14) [(12)] Section 43.05, Penal Code (Compelling
47	47		Prostitution);
48	48		(15) [(13)] Section 43.25, Penal Code (Sexual
49	49		Performance by a Child); or
50	50		(16) [(14)] Chapter 481, Health and Safety Code, for
51	51		which punishment is increased under:
52	52		(A) Section 481.140 of that code (Use of Child in
53	53		Commission of Offense); or
54	54		(B) Section 481.134(c), (d), (e), or (f) of that
55	55		code (Drug-free Zones) if it is shown that the defendant has been
56	56		previously convicted of an offense for which punishment was
57	57		increased under any of those subsections.
58	58		SECTION 2. Article 42A.056, Code of Criminal Procedure, is
59	59		amended to read as follows:
60	60		Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
61	61		SUPERVISION. A defendant is not eligible for community supervision
62	62		under Article 42A.055 if the defendant:
63	63		(1) is sentenced to a term of imprisonment that
64	64		exceeds 10 years;
65	65		(2) is convicted of a state jail felony for which
66	66		suspension of the imposition of the sentence occurs automatically
67	67		under Article 42A.551;
68	68		(3) is adjudged guilty of an offense under Section
69	69		19.02, Penal Code;
70	70		(4) is convicted of an offense under Section 21.11
71	71		[21.11(a)(1)], 22.011, or 22.021, Penal Code[, if the victim of the
72	72		offense was younger than 14 years of age at the time the offense was
73	73		committed];
74	74		(5) is convicted of an offense under Section 20.04,
75	75		Penal Code, if:
76	76		(A) the victim of the offense was younger than 14
77	77		years of age at the time the offense was committed; and
78	78		(B) the actor committed the offense with the
79	79		intent to violate or abuse the victim sexually;
80	80		(6) is convicted of an offense under Section 20A.02,
81	81		20A.03, 43.04, 43.05, or 43.25, Penal Code; or
82	82		(7) is convicted of an offense for which punishment is
83	83		increased under Section 481.134(c), (d), (e), or (f), Health and
84	84		Safety Code, if it is shown that the defendant has been previously
85	85		convicted of an offense for which punishment was increased under
86	86		any of those subsections.
87	87		SECTION 3. Article 42A.102, Code of Criminal Procedure, is
88	88		amended to read as follows:
89	89		Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
90	90		COMMUNITY SUPERVISION. (a) A judge may place on deferred
91	91		adjudication community supervision a defendant charged with an
92	92		offense under Section 21.11 or [,] 22.011, [or 22.021,] Penal Code,
93	93		regardless of the age of the victim, or a defendant charged with a
94	94		felony described by Article 42A.453(b), other than a felony
95	95		described by Subsection (b)(1)(A) of this article, only if the
96	96		judge makes a finding in open court that placing the defendant on
97	97		deferred adjudication community supervision is in the best interest
98	98		of the victim. The failure of the judge to make a finding under this
99	99		subsection is not grounds for the defendant to set aside the plea,
100	100		deferred adjudication, or any subsequent conviction or sentence.
101	101		(b) In all other cases, the judge may grant deferred
102	102		adjudication community supervision unless:
103	103		(1) the defendant is charged with an offense:
104	104		(A) under Section 20A.02, 20A.03, 21.02, 22.021,
105	105		43.04, 43.05, or 43.25 or Sections 49.04-49.08, Penal Code; or
106	106		(B) for which punishment may be increased under
107	107		Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
108	108		is shown that the defendant has been previously convicted of an
109	109		offense for which punishment was increased under any one of those
110	110		subsections;
111	111		(2) the defendant:
112	112		(A) is charged with an offense under Section
113	113		21.11 or [,] 22.011, [or 22.021,] Penal Code, regardless of the age
114	114		of the victim, or a felony described by Article 42A.453(b), other
115	115		than a felony described by Subdivision (1)(A) of this subsection;
116	116		and
117	117		(B) has previously been placed on community
118	118		supervision for an offense under Paragraph (A); or
119	119		(3) [the defendant is charged with an offense under:
120	120		[(A) Section 21.02, Penal Code; or
121	121		[(B) Section 22.021, Penal Code, that is
122	122		punishable under Subsection (f) of that section or under Section
123	123		12.42(c)(3) or (4), Penal Code; or
124	124		[(4)] the defendant is charged with an offense under
125	125		Section 19.02, Penal Code, except that the judge may grant deferred
126	126		adjudication community supervision on determining that the
127	127		defendant did not cause the death of the deceased, did not intend to
128	128		kill the deceased or another, and did not anticipate that a human
129	129		life would be taken.
130	130		SECTION 4. Section 773.0614(c), Health and Safety Code, is
131	131		amended to read as follows:
132	132		(c) A certificate holder's certificate shall be revoked if
133	133		the certificate holder has been convicted of or placed on deferred
134	134		adjudication community supervision or deferred disposition for:
135	135		(1) an offense listed in Article 42A.054(a)(2), (3),
136	136		(4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of
137	137		Criminal Procedure; or
138	138		(2) an offense, other than an offense described by
139	139		Subdivision (1), committed on or after September 1, 2009, for which
140	140		the person is subject to registration under Chapter 62, Code of
141	141		Criminal Procedure.
142	142		SECTION 5. Section 773.06141(a), Health and Safety Code, is
143	143		amended to read as follows:
144	144		(a) The department may suspend, revoke, or deny an emergency
145	145		medical services provider license on the grounds that the
146	146		provider's administrator of record, employee, or other
147	147		representative:
148	148		(1) has been convicted of, or placed on deferred
149	149		adjudication community supervision or deferred disposition for, an
150	150		offense that directly relates to the duties and responsibilities of
151	151		the administrator, employee, or representative, other than an
152	152		offense for which points are assigned under Section 708.052,
153	153		Transportation Code;
154	154		(2) has been convicted of or placed on deferred
155	155		adjudication community supervision or deferred disposition for an
156	156		offense, including:
157	157		(A) an offense listed in Article 42A.054(a)(2),
158	158		(3), (4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of
159	159		Criminal Procedure; or
160	160		(B) an offense, other than an offense described
161	161		by Subdivision (1), for which the person is subject to registration
162	162		under Chapter 62, Code of Criminal Procedure; or
163	163		(3) has been convicted of Medicare or Medicaid fraud,
164	164		has been excluded from participation in the state Medicaid program,
165	165		or has a hold on payment for reimbursement under the state Medicaid
166	166		program under Subchapter C, Chapter 531, Government Code.
167	167		SECTION 6. The changes in law made by this Act apply only to
168	168		an offense committed on or after the effective date of this Act. An
169	169		offense committed before the effective date of this Act is governed
170	170		by the law in effect on the date the offense was committed, and the
171	171		former law is continued in effect for that purpose. For purposes of
172	172		this section, an offense was committed before the effective date of
173	173		this Act if any element of the offense occurred before that date.
174	174		SECTION 7. This Act takes effect September 1, 2019.