Texas 2025 - 89th Regular

Texas Senate Bill SB1462 Compare Versions

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

Old	New	Differences
1	1	89R696 MCF-F
2	2	By: Zaffirini S.B. No. 1462
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the placement on community supervision, including
10	10	deferred adjudication community supervision, of a defendant who is
11	11	the primary caretaker of a child.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter C, Chapter 42A, Code of Criminal
14	14	Procedure, is amended by adding Article 42A.1025 to read as
15	15	follows:
16	16	Art. 42A.1025. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
17	17	FOR DEFENDANT WHO IS PRIMARY CARETAKER OF CHILD. (a) In this
18	18	article, "primary caretaker of a child" means a person, including a
19	19	person who has temporarily relinquished custody of the child as a
20	20	result of pretrial detention, who has assumed or will soon assume
21	21	responsibility for a dependent child younger than 18 years of age by
22	22	providing for the child's needs, including housing, health care,
23	23	financial support, education, family support, or safety.
24	24	(b) This article applies only to a defendant who is:
25	25	(1) charged with an offense for which the defendant is
26	26	eligible for deferred adjudication community supervision under
27	27	this subchapter; and
28	28	(2) the primary caretaker of a child.
29	29	(c) On written motion of a defendant described by Subsection
30	30	(b), the court shall, after receiving a plea of guilty or nolo
31	31	contendere, hearing the evidence, and finding that the evidence
32	32	substantiates the defendant's guilt, consider the defendant's
33	33	status as the primary caretaker of a child. The motion must include
34	34	evidence of the defendant's primary caretaker status.
35	35	(d) As soon as practicable after receipt of a motion under
36	36	Subsection (c), the court shall make written findings regarding the
37	37	defendant's primary caretaker status.
38	38	(e) On a determination by the court that the defendant is
39	39	the primary caretaker of a child, the court may defer further
40	40	proceedings without entering an adjudication of guilt and place the
41	41	defendant on deferred adjudication community supervision in
42	42	accordance with this subchapter.
43	43	(f) This subsection applies only to a defendant described by
44	44	Subsection (b) who does not make a motion under Subsection (c). If
45	45	in the court's opinion the best interest of society, the defendant,
46	46	and the defendant's child or children will be served, the court may,
47	47	after receiving a plea of guilty or nolo contendere, hearing the
48	48	evidence, and finding that the evidence substantiates the
49	49	defendant's guilt, defer further proceedings without entering an
50	50	adjudication of guilt and place the defendant on deferred
51	51	adjudication community supervision in accordance with this
52	52	subchapter.
53	53	(g) A court placing a defendant on deferred adjudication
54	54	community supervision under this article may impose conditions of
55	55	deferred adjudication community supervision that emphasize
56	56	parent-child unity and the defendant's rehabilitation in a
57	57	community setting and that provide support to the parent-child
58	58	relationship, such as conditions relating to:
59	59	(1) alcohol or substance abuse counseling or
60	60	treatment;
61	61	(2) domestic violence education and prevention;
62	62	(3) physical or sexual abuse counseling;
63	63	(4) anger management;
64	64	(5) vocational, technical, or career education or
65	65	training, including financial literacy;
66	66	(6) affordable and safe housing assistance;
67	67	(7) parenting skills;
68	68	(8) family or individual counseling; or
69	69	(9) family case management services.
70	70	(h) Notwithstanding Article 42A.104, a court that places a
71	71	defendant on deferred adjudication community supervision under
72	72	this article may not require as a condition of deferred
73	73	adjudication community supervision that the defendant submit to a
74	74	term of confinement, except that the court may order the defendant
75	75	to submit to a term of confinement if the court proceeds with an
76	76	adjudication of guilt for the offense for which the defendant was
77	77	placed on deferred adjudication community supervision under this
78	78	article.
79	79	SECTION 2. Article 42A.108(a), Code of Criminal Procedure,
80	80	is amended to read as follows:
81	81	(a) On violation of a condition of deferred adjudication
82	82	community supervision imposed under Article 42A.1025 or 42A.104,
83	83	the defendant may be arrested and detained as provided in Article
84	84	42A.751.
85	85	SECTION 3. Subchapter K, Chapter 42A, Code of Criminal
86	86	Procedure, is amended by adding Article 42A.518 to read as follows:
87	87	Art. 42A.518. COMMUNITY SUPERVISION FOR DEFENDANT WHO IS
88	88	PRIMARY CARETAKER OF CHILD. (a) In this article, "primary
89	89	caretaker of a child" has the meaning assigned by Article 42A.1025.
90	90	(b) This article applies only to a defendant who is:
91	91	(1) convicted of an offense for which the defendant is
92	92	eligible for community supervision under this chapter; and
93	93	(2) the primary caretaker of a child.
94	94	(c) On written motion of a defendant described by Subsection
95	95	(b), the court shall, before imposing a sentence requiring
96	96	confinement, consider the defendant's status as the primary
97	97	caretaker of a child. The motion must include evidence of the
98	98	defendant's primary caretaker status.
99	99	(d) As soon as practicable after receipt of a motion under
100	100	Subsection (c), the court shall make written findings regarding the
101	101	defendant's primary caretaker status. The court may not impose a
102	102	sentence of confinement, including confinement as a condition of
103	103	community supervision, without first making the written findings
104	104	required by this subsection.
105	105	(e) On a determination by the court that the defendant is
106	106	the primary caretaker of a child, the court may suspend the
107	107	imposition of the sentence and place the defendant on community
108	108	supervision in accordance with this chapter.
109	109	(f) This subsection applies only to a defendant described by
110	110	Subsection (b) who does not make a motion under Subsection (c). If
111	111	in the court's opinion the best interest of justice, the public, the
112	112	defendant, and the defendant's child or children will be served,
113	113	the court may suspend the imposition of the sentence and place the
114	114	defendant on community supervision in accordance with this chapter.
115	115	(g) A court placing a defendant on community supervision
116	116	under this article may impose conditions of community supervision
117	117	that emphasize parent-child unity and the defendant's
118	118	rehabilitation in a community setting and that provide support to
119	119	the parent-child relationship, such as conditions relating to:
120	120	(1) alcohol or substance abuse counseling or
121	121	treatment;
122	122	(2) domestic violence education and prevention;
123	123	(3) physical or sexual abuse counseling;
124	124	(4) anger management;
125	125	(5) vocational, technical, or career education or
126	126	training, including financial literacy;
127	127	(6) affordable and safe housing assistance;
128	128	(7) parenting skills;
129	129	(8) family or individual counseling; or
130	130	(9) family case management services.
131	131	(h) Notwithstanding any other provision of this chapter, a
132	132	court that places a defendant on community supervision under this
133	133	article may not require as a condition of community supervision
134	134	that the defendant submit to a term of confinement, except that the
135	135	court may order the defendant to submit to a term of confinement
136	136	following a determination that the defendant violated a condition
137	137	of community supervision or if the defendant's community
138	138	supervision is revoked under Article 42A.755.
139	139	SECTION 4. (a) Article 42A.1025, Code of Criminal
140	140	Procedure, as added by this Act, applies to a defendant who enters a
141	141	plea of guilty or nolo contendere for an offense on or after the
142	142	effective date of this Act, regardless of when the offense was
143	143	committed.
144	144	(b) Article 42A.518, Code of Criminal Procedure, as added by
145	145	this Act, applies to a defendant sentenced for an offense on or
146	146	after the effective date of this Act, regardless of when the offense
147	147	was committed.
148	148	SECTION 5. This Act takes effect September 1, 2025.