Texas 2023 - 88th Regular

Texas House Bill HB361 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R529 MCF-F
2	2	By: Thompson of Harris, Jones of Harris, H.B. No. 361
3	3	Garcia
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the placement on community supervision, including
9	9	deferred adjudication community supervision, of a defendant who is
10	10	the primary caretaker of a child.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 42A, Code of Criminal
13	13	Procedure, is amended by adding Article 42A.1025 to read as
14	14	follows:
15	15	Art. 42A.1025. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
16	16	FOR DEFENDANT WHO IS PRIMARY CARETAKER OF CHILD. (a) In this
17	17	article, "primary caretaker of a child" means a person, including a
18	18	person who has temporarily relinquished custody of the child as a
19	19	result of pretrial detention, who has assumed or will soon assume
20	20	responsibility for a dependent child younger than 18 years of age by
21	21	providing for the child's needs, including housing, health care,
22	22	financial support, education, family support, or safety.
23	23	(b) This article applies only to a defendant who is:
24	24	(1) charged with an offense for which the defendant is
25	25	eligible for deferred adjudication community supervision under
26	26	this subchapter; and
27	27	(2) the primary caretaker of a child.
28	28	(c) On written motion of a defendant described by Subsection
29	29	(b), the court shall, after receiving a plea of guilty or nolo
30	30	contendere, hearing the evidence, and finding that the evidence
31	31	substantiates the defendant's guilt, consider the defendant's
32	32	status as the primary caretaker of a child. The motion must include
33	33	evidence of the defendant's primary caretaker status.
34	34	(d) As soon as practicable after receipt of a motion under
35	35	Subsection (c), the court shall make written findings regarding the
36	36	defendant's primary caretaker status.
37	37	(e) On a determination by the court that the defendant is
38	38	the primary caretaker of a child, the court may defer further
39	39	proceedings without entering an adjudication of guilt and place the
40	40	defendant on deferred adjudication community supervision in
41	41	accordance with this subchapter.
42	42	(f) This subsection applies only to a defendant described by
43	43	Subsection (b) who does not make a motion under Subsection (c). If
44	44	in the court's opinion the best interest of society, the defendant,
45	45	and the defendant's child or children will be served, the court may,
46	46	after receiving a plea of guilty or nolo contendere, hearing the
47	47	evidence, and finding that the evidence substantiates the
48	48	defendant's guilt, defer further proceedings without entering an
49	49	adjudication of guilt and place the defendant on deferred
50	50	adjudication community supervision in accordance with this
51	51	subchapter.
52	52	(g) A court placing a defendant on deferred adjudication
53	53	community supervision under this article may impose conditions of
54	54	deferred adjudication community supervision that emphasize
55	55	parent-child unity and the defendant's rehabilitation in a
56	56	community setting and that provide support to the parent-child
57	57	relationship, such as conditions relating to:
58	58	(1) alcohol or substance abuse counseling or
59	59	treatment;
60	60	(2) domestic violence education and prevention;
61	61	(3) physical or sexual abuse counseling;
62	62	(4) anger management;
63	63	(5) vocational, technical, or career education or
64	64	training, including financial literacy;
65	65	(6) affordable and safe housing assistance;
66	66	(7) parenting skills;
67	67	(8) family or individual counseling; or
68	68	(9) family case management services.
69	69	(h) Notwithstanding Article 42A.104, a court that places a
70	70	defendant on deferred adjudication community supervision under
71	71	this article may not require as a condition of deferred
72	72	adjudication community supervision that the defendant submit to a
73	73	term of confinement, except that the court may order the defendant
74	74	to submit to a term of confinement if the court proceeds with an
75	75	adjudication of guilt for the offense for which the defendant was
76	76	placed on deferred adjudication community supervision under this
77	77	article.
78	78	SECTION 2. Article 42A.108(a), Code of Criminal Procedure,
79	79	is amended to read as follows:
80	80	(a) On violation of a condition of deferred adjudication
81	81	community supervision imposed under Article 42A.1025 or 42A.104,
82	82	the defendant may be arrested and detained as provided in Article
83	83	42A.751.
84	84	SECTION 3. Subchapter K, Chapter 42A, Code of Criminal
85	85	Procedure, is amended by adding Article 42A.518 to read as follows:
86	86	Art. 42A.518. COMMUNITY SUPERVISION FOR DEFENDANT WHO IS
87	87	PRIMARY CARETAKER OF CHILD. (a) In this article, "primary
88	88	caretaker of a child" has the meaning assigned by Article 42A.1025.
89	89	(b) This article applies only to a defendant who is:
90	90	(1) convicted of an offense for which the defendant is
91	91	eligible for community supervision under this chapter; and
92	92	(2) the primary caretaker of a child.
93	93	(c) On written motion of a defendant described by Subsection
94	94	(b), the court shall, before imposing a sentence requiring
95	95	confinement, consider the defendant's status as the primary
96	96	caretaker of a child. The motion must include evidence of the
97	97	defendant's primary caretaker status.
98	98	(d) As soon as practicable after receipt of a motion under
99	99	Subsection (c), the court shall make written findings regarding the
100	100	defendant's primary caretaker status. The court may not impose a
101	101	sentence of confinement, including confinement as a condition of
102	102	community supervision, without first making the written findings
103	103	required by this subsection.
104	104	(e) On a determination by the court that the defendant is
105	105	the primary caretaker of a child, the court may suspend the
106	106	imposition of the sentence and place the defendant on community
107	107	supervision in accordance with this chapter.
108	108	(f) This subsection applies only to a defendant described by
109	109	Subsection (b) who does not make a motion under Subsection (c). If
110	110	in the court's opinion the best interest of justice, the public, the
111	111	defendant, and the defendant's child or children will be served,
112	112	the court may suspend the imposition of the sentence and place the
113	113	defendant on community supervision in accordance with this chapter.
114	114	(g) A court placing a defendant on community supervision
115	115	under this article may impose conditions of community supervision
116	116	that emphasize parent-child unity and the defendant's
117	117	rehabilitation in a community setting and that provide support to
118	118	the parent-child relationship, such as conditions relating to:
119	119	(1) alcohol or substance abuse counseling or
120	120	treatment;
121	121	(2) domestic violence education and prevention;
122	122	(3) physical or sexual abuse counseling;
123	123	(4) anger management;
124	124	(5) vocational, technical, or career education or
125	125	training, including financial literacy;
126	126	(6) affordable and safe housing assistance;
127	127	(7) parenting skills;
128	128	(8) family or individual counseling; or
129	129	(9) family case management services.
130	130	(h) Notwithstanding any other provision of this chapter, a
131	131	court that places a defendant on community supervision under this
132	132	article may not require as a condition of community supervision
133	133	that the defendant submit to a term of confinement, except that the
134	134	court may order the defendant to submit to a term of confinement
135	135	following a determination that the defendant violated a condition
136	136	of community supervision or if the defendant's community
137	137	supervision is revoked under Article 42A.755.
138	138	SECTION 4. (a) Article 42A.1025, Code of Criminal
139	139	Procedure, as added by this Act, applies to a defendant who enters a
140	140	plea of guilty or nolo contendere for an offense on or after the
141	141	effective date of this Act, regardless of when the offense was
142	142	committed.
143	143	(b) Article 42A.518, Code of Criminal Procedure, as added by
144	144	this Act, applies to a defendant sentenced for an offense on or
145	145	after the effective date of this Act, regardless of when the offense
146	146	was committed.
147	147	SECTION 5. This Act takes effect September 1, 2023.