Texas 2025 - 89th Regular

Texas House Bill HB1762 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	89R8871 LHC-F
2	2	By: Leach H.B. No. 1762
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to changing the eligibility of certain persons to receive
10	10	community supervision, including deferred adjudication community
11	11	supervision.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 42A.001, Code of Criminal Procedure, is
14	14	amended by adding Subdivision (3-a) to read as follows:
15	15	(3-a) "Illegal alien" means an alien who:
16	16	(A) entered the United States without inspection
17	17	or at any time or any place other than as designated by the United
18	18	States attorney general; or
19	19	(B) was admitted as a nonimmigrant and, before
20	20	the date of the commission of the offense, had failed to maintain
21	21	the nonimmigrant status under which the alien was admitted or to
22	22	which it was changed under Section 248, Immigration and Nationality
23	23	Act (8 U.S.C. Section 1258), or to comply with the conditions of the
24	24	alien's status.
25	25	SECTION 2. Article 42A.053(c), Code of Criminal Procedure,
26	26	is amended to read as follows:
27	27	(c) A defendant is not eligible for community supervision
28	28	under this article if the defendant [is sentenced to serve]:
29	29	(1) is sentenced to serve:
30	30	(A) a term of imprisonment that exceeds 10 years;
31	31	or
32	32	(B) [(2)] a term of confinement under Section
33	33	12.35, Penal Code; or
34	34	(2) is an illegal alien.
35	35	SECTION 3. Article 42A.056, Code of Criminal Procedure, is
36	36	amended to read as follows:
37	37	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
38	38	SUPERVISION. A defendant is not eligible for community supervision
39	39	under Article 42A.055 if the defendant:
40	40	(1) is sentenced to a term of imprisonment that
41	41	exceeds 10 years;
42	42	(2) is convicted of a state jail felony for which
43	43	suspension of the imposition of the sentence occurs automatically
44	44	under Article 42A.551;
45	45	(3) is adjudged guilty of an offense under Section
46	46	19.02, Penal Code;
47	47	(4) is convicted of an offense under Section 21.11,
48	48	22.011, or 22.021, Penal Code, if the victim of the offense was
49	49	younger than 14 years of age at the time the offense was committed;
50	50	(5) is convicted of an offense under Section 20.04,
51	51	Penal Code, if:
52	52	(A) the victim of the offense was younger than 14
53	53	years of age at the time the offense was committed; and
54	54	(B) the actor committed the offense with the
55	55	intent to violate or abuse the victim sexually;
56	56	(6) is convicted of an offense under Section 20A.02,
57	57	20A.03, 43.04, 43.05, or 43.25, Penal Code;
58	58	(7) is convicted of an offense for which punishment is
59	59	increased under Section 481.134(c), (d), (e), or (f), Health and
60	60	Safety Code, if it is shown that the defendant has been previously
61	61	convicted of an offense for which punishment was increased under
62	62	any of those subsections; [or]
63	63	(8) is convicted of an offense under Section 481.1123,
64	64	Health and Safety Code, if the offense is punishable under
65	65	Subsection (d), (e), or (f) of that section; or
66	66	(9) is an illegal alien.
67	67	SECTION 4. Article 42A.102(b), Code of Criminal Procedure,
68	68	is amended to read as follows:
69	69	(b) In all other cases, the judge may grant deferred
70	70	adjudication community supervision unless:
71	71	(1) the defendant is charged with an offense:
72	72	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
73	73	49.061, 49.065, 49.07, or 49.08, Penal Code;
74	74	(B) under Section 49.04 or 49.06, Penal Code,
75	75	and, at the time of the offense:
76	76	(i) the defendant held a commercial
77	77	driver's license or a commercial learner's permit; or
78	78	(ii) the defendant's alcohol concentration,
79	79	as defined by Section 49.01, Penal Code, was 0.15 or more;
80	80	(C) for which punishment may be increased under
81	81	Section 49.09, Penal Code;
82	82	(D) for which punishment may be increased under
83	83	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
84	84	is shown that the defendant has been previously convicted of an
85	85	offense for which punishment was increased under any one of those
86	86	subsections; or
87	87	(E) under Section 481.1123, Health and Safety
88	88	Code, that is punishable under Subsection (d), (e), or (f) of that
89	89	section;
90	90	(2) the defendant:
91	91	(A) is charged with an offense under Section
92	92	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
93	93	the age of the victim, or a felony described by Article 42A.453(b),
94	94	other than a felony described by Subdivision (1)(A) or (3)(B) of
95	95	this subsection; and
96	96	(B) has previously been placed on community
97	97	supervision for an offense under Paragraph (A);
98	98	(3) the defendant is charged with an offense under:
99	99	(A) Section 21.02, Penal Code; or
100	100	(B) Section 22.021, Penal Code, that is
101	101	punishable under Subsection (f) of that section or under Section
102	102	12.42(c)(3) or (4), Penal Code; [or]
103	103	(4) the defendant is charged with an offense under
104	104	Section 19.02, Penal Code, except that the judge may grant deferred
105	105	adjudication community supervision on determining that the
106	106	defendant did not cause the death of the deceased, did not intend to
107	107	kill the deceased or another, and did not anticipate that a human
108	108	life would be taken; or
109	109	(5) the defendant is an illegal alien.
110	110	SECTION 5. Article 42A.551, Code of Criminal Procedure, is
111	111	amended by adding Subsection (h) to read as follows:
112	112	(h) Notwithstanding any other provision of this article, a
113	113	defendant is not eligible for community supervision under this
114	114	subchapter if the defendant is an illegal alien.
115	115	SECTION 6. The change in law made by this Act applies only
116	116	to an offense committed on or after the effective date of this Act.
117	117	An offense committed before the effective date of this Act is
118	118	governed by the law in effect on the date the offense was committed,
119	119	and the former law is continued in effect for that purpose. For
120	120	purposes of this section, an offense was committed before the
121	121	effective date of this Act if any element of the offense occurred
122	122	before that date.
123	123	SECTION 7. This Act takes effect September 1, 2025.