Texas 2025 89th Regular

Texas Senate Bill SB552 Introduced / Analysis

Filed 12/09/2024

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                    BILL ANALYSIS        Senate Research Center   S.B. 552     89R8871 LHC-F   By: Huffman         Criminal Justice         4/4/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   S.B. 552 would amend the Code of Criminal Procedure by making illegal aliens, as defined by the bill, ineligible for judge-ordered or jury-recommended community supervision, including deferred adjudication community supervision   As proposed, S.B. 552 amends current law relating to changing the eligibility of certain persons to receive community supervision, including deferred adjudication community supervision.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Article 42A.001, Code of Criminal Procedure, by adding Subdivision (3-a) to define "illegal alien."   SECTION 2. Amends Article 42A.053(c), Code of Criminal Procedure, to provide that a defendant is not eligible for community supervision under Article 42A.053 (Judge-Ordered Community Supervision) if the defendant meets certain criteria, including being an illegal alien, and to make nonsubstantive changes.   SECTION 3. Amends Article 42A.056, Code of Criminal Procedure, to provide that a defendant is not eligible for community supervision under Article 42A.055 (Jury-Recommended Community Supervision) if the defendant meets certain criteria, including being an illegal alien, and to make nonsubstantive changes.   SECTION 4. Amends Article 42A.102(b), Code of Criminal Procedure, to authorize the judge, in all other cases, to grant deferred adjudication community supervision unless certain criteria are met, including if the defendant is an illegal alien, and to make nonsubstantive changes.   SECTION 5. Amends Article 42A.551, Code of Criminal Procedure, by adding Subsection (h) to provide that, notwithstanding any other provision of Article 42A.551 (Placement on Community Supervision; Execution of Sentence), a defendant is not eligible for community supervision under Subchapter L (State Jail Felony Community Supervision) if the defendant is an illegal alien.   SECTION 6. Makes application of this Act prospective.   SECTION 7. Effective date: September 1, 2025.

BILL ANALYSIS

Senate Research Center S.B. 552
89R8871 LHC-F By: Huffman
 Criminal Justice
 4/4/2025
 As Filed



Senate Research Center

S.B. 552

89R8871 LHC-F

By: Huffman

Criminal Justice

4/4/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 552 would amend the Code of Criminal Procedure by making illegal aliens, as defined by the bill, ineligible for judge-ordered or jury-recommended community supervision, including deferred adjudication community supervision

As proposed, S.B. 552 amends current law relating to changing the eligibility of certain persons to receive community supervision, including deferred adjudication community supervision.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 42A.001, Code of Criminal Procedure, by adding Subdivision (3-a) to define "illegal alien."

SECTION 2. Amends Article 42A.053(c), Code of Criminal Procedure, to provide that a defendant is not eligible for community supervision under Article 42A.053 (Judge-Ordered Community Supervision) if the defendant meets certain criteria, including being an illegal alien, and to make nonsubstantive changes.

SECTION 3. Amends Article 42A.056, Code of Criminal Procedure, to provide that a defendant is not eligible for community supervision under Article 42A.055 (Jury-Recommended Community Supervision) if the defendant meets certain criteria, including being an illegal alien, and to make nonsubstantive changes.

SECTION 4. Amends Article 42A.102(b), Code of Criminal Procedure, to authorize the judge, in all other cases, to grant deferred adjudication community supervision unless certain criteria are met, including if the defendant is an illegal alien, and to make nonsubstantive changes.

SECTION 5. Amends Article 42A.551, Code of Criminal Procedure, by adding Subsection (h) to provide that, notwithstanding any other provision of Article 42A.551 (Placement on Community Supervision; Execution of Sentence), a defendant is not eligible for community supervision under Subchapter L (State Jail Felony Community Supervision) if the defendant is an illegal alien.

SECTION 6. Makes application of this Act prospective.

SECTION 7. Effective date: September 1, 2025.