Texas 2021 - 87th Regular

Texas House Bill HB232 Compare Versions

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

Old	New	Differences
1	1	87R782 JRR-F
2	2	By: Thompson of Harris H.B. No. 232
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the placement on community supervision, including
8	8	deferred adjudication community supervision, of a defendant who is
9	9	the primary caretaker of a child.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 42A, Code of Criminal
12	12	Procedure, is amended by adding Article 42A.1025 to read as
13	13	follows:
14	14	Art. 42A.1025. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
15	15	FOR DEFENDANT WHO IS PRIMARY CARETAKER OF CHILD. (a) In this
16	16	article, "primary caretaker of a child" means a person, including a
17	17	person who has temporarily relinquished custody of the child as a
18	18	result of pretrial detention, who has assumed or will soon assume
19	19	responsibility for a dependent child younger than 18 years of age by
20	20	providing for the child's needs, including housing, health care,
21	21	financial support, education, family support, or safety.
22	22	(b) This article applies only to a defendant who is:
23	23	(1) charged with an offense for which the defendant is
24	24	eligible for deferred adjudication community supervision under
25	25	this subchapter; and
26	26	(2) the primary caretaker of a child.
27	27	(c) On written motion of a defendant described by Subsection
28	28	(b), the court shall, after receiving a plea of guilty or nolo
29	29	contendere, hearing the evidence, and finding that the evidence
30	30	substantiates the defendant's guilt, consider the defendant's
31	31	status as the primary caretaker of a child. The motion must include
32	32	evidence of the defendant's primary caretaker status.
33	33	(d) As soon as practicable after receipt of a motion under
34	34	Subsection (c), the court shall make written findings regarding the
35	35	defendant's primary caretaker status.
36	36	(e) On a determination by the court that the defendant is
37	37	the primary caretaker of a child, the court may defer further
38	38	proceedings without entering an adjudication of guilt and place the
39	39	defendant on deferred adjudication community supervision in
40	40	accordance with this subchapter.
41	41	(f) This subsection applies only to a defendant described by
42	42	Subsection (b) who does not make a motion under Subsection (c). If
43	43	in the court's opinion the best interest of society, the defendant,
44	44	and the defendant's child or children will be served, the court may,
45	45	after receiving a plea of guilty or nolo contendere, hearing the
46	46	evidence, and finding that the evidence substantiates the
47	47	defendant's guilt, defer further proceedings without entering an
48	48	adjudication of guilt and place the defendant on deferred
49	49	adjudication community supervision in accordance with this
50	50	subchapter.
51	51	(g) A court placing a defendant on deferred adjudication
52	52	community supervision under this article may impose conditions of
53	53	deferred adjudication community supervision that emphasize the
54	54	defendant's rehabilitation in a community setting and parent-child
55	55	unity and provide support to the parent-child relationship, such as
56	56	conditions relating to:
57	57	(1) alcohol or substance abuse counseling or
58	58	treatment;
59	59	(2) domestic violence education and prevention;
60	60	(3) physical or sexual abuse counseling;
61	61	(4) anger management;
62	62	(5) vocational, technical, or career education or
63	63	training, including financial literacy;
64	64	(6) affordable and safe housing assistance;
65	65	(7) parenting skills;
66	66	(8) family or individual counseling; or
67	67	(9) family case management services.
68	68	(h) Notwithstanding Article 42A.104, a court that places a
69	69	defendant on deferred adjudication community supervision under
70	70	this article may not require as a condition of deferred
71	71	adjudication community supervision that the defendant submit to a
72	72	term of confinement, except that the court may order the defendant
73	73	to submit to a term of confinement if the court proceeds with an
74	74	adjudication of guilt for the offense for which the defendant was
75	75	placed on deferred adjudication community supervision under this
76	76	article.
77	77	SECTION 2. Article 42A.108(a), Code of Criminal Procedure,
78	78	is amended to read as follows:
79	79	(a) On violation of a condition of deferred adjudication
80	80	community supervision imposed under Article 42A.1025 or 42A.104,
81	81	the defendant may be arrested and detained as provided in Article
82	82	42A.751.
83	83	SECTION 3. Subchapter K, Chapter 42A, Code of Criminal
84	84	Procedure, is amended by adding Article 42A.517 to read as follows:
85	85	Art. 42A.517. COMMUNITY SUPERVISION FOR DEFENDANT WHO IS
86	86	PRIMARY CARETAKER OF CHILD. (a) In this article, "primary
87	87	caretaker of a child" has the meaning assigned by Article 42A.1025.
88	88	(b) This article applies only to a defendant who is:
89	89	(1) convicted of an offense for which the defendant is
90	90	eligible for community supervision under this chapter; and
91	91	(2) the primary caretaker of a child.
92	92	(c) On written motion of a defendant described by Subsection
93	93	(b), the court shall, before imposing a sentence requiring
94	94	confinement, consider the defendant's status as the primary
95	95	caretaker of a child. The motion must include evidence of the
96	96	defendant's primary caretaker status.
97	97	(d) As soon as practicable after receipt of a motion under
98	98	Subsection (c), the court shall make written findings regarding the
99	99	defendant's primary caretaker status. The court may not impose a
100	100	sentence of confinement, including confinement as a condition of
101	101	community supervision, without first making the written findings
102	102	required by this subsection.
103	103	(e) On a determination by the court that the defendant is
104	104	the primary caretaker of a child, the court may suspend the
105	105	imposition of the sentence and place the defendant on community
106	106	supervision in accordance with this chapter.
107	107	(f) This subsection applies only to a defendant described by
108	108	Subsection (b) who does not make a motion under Subsection (c). If
109	109	in the court's opinion the best interest of justice, the public, the
110	110	defendant, and the defendant's child or children will be served,
111	111	the court may suspend the imposition of the sentence and place the
112	112	defendant on community supervision in accordance with this chapter.
113	113	(g) A court placing a defendant on community supervision
114	114	under this article may impose conditions of community supervision
115	115	that emphasize the defendant's rehabilitation in a community
116	116	setting and parent-child unity and provide support to the
117	117	parent-child relationship, such as conditions relating to:
118	118	(1) alcohol or substance abuse counseling or
119	119	treatment;
120	120	(2) domestic violence education and prevention;
121	121	(3) physical or sexual abuse counseling;
122	122	(4) anger management;
123	123	(5) vocational, technical, or career education or
124	124	training, including financial literacy;
125	125	(6) affordable and safe housing assistance;
126	126	(7) parenting skills;
127	127	(8) family or individual counseling; or
128	128	(9) family case management services.
129	129	(h) Notwithstanding any other provision of this chapter, a
130	130	court that places a defendant on community supervision under this
131	131	article may not require as a condition of community supervision
132	132	that the defendant submit to a term of confinement, except that the
133	133	court may order the defendant to submit to a term of confinement
134	134	following a determination that the defendant violated a condition
135	135	of community supervision or if the defendant's community
136	136	supervision is revoked under Article 42A.755.
137	137	SECTION 4. (a) Article 42A.1025, Code of Criminal
138	138	Procedure, as added by this Act, applies to a defendant who enters a
139	139	plea of guilty or nolo contendere for an offense on or after the
140	140	effective date of this Act, regardless of when the offense was
141	141	committed.
142	142	(b) Article 42A.517, Code of Criminal Procedure, as added by
143	143	this Act, applies to a defendant sentenced for an offense on or
144	144	after the effective date of this Act, regardless of when the offense
145	145	was committed.
146	146	SECTION 5. This Act takes effect September 1, 2021.