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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain controlled substance |
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offenses committed in a drug-free zone; increasing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.134(b) and (c), Health and Safety |
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Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), |
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Acts of the 87th Legislature, Regular Session, 2021, are reenacted |
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and amended to read as follows: |
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(b) An offense otherwise punishable as a state jail felony |
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under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or |
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481.120 is punishable as a felony of the third degree, an offense |
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otherwise punishable as a felony of the third degree under any of |
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those sections is punishable as a felony of the second degree, and |
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an offense otherwise punishable as a felony of the second degree |
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under any of those sections is punishable as a felony of the first |
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degree, if it is shown at the punishment phase of the trial of the |
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offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of premises owned, |
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rented, or leased by an institution of higher education [learning], |
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the premises of a public or private youth center, or a playground; |
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(2) in, on, or within 300 feet of the premises of a |
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public swimming pool or video arcade facility; or |
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(3) by any unauthorized person 18 years of age or |
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older, in, on, or within 1,000 feet of premises owned, rented, or |
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leased by a general residential operation operating as a |
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residential treatment center. |
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(c) The minimum term of confinement or imprisonment for an |
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offense otherwise punishable under Section 481.112(d) [481.112(c), |
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(d)], (e), or (f), 481.1121(b)(3) [481.1121(b)(2), (3),] or (4), |
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481.1123(d) [481.1123(c), (d)], (e), or (f), 481.113(d) |
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[481.113(c), (d),] or (e), 481.114(d) [481.114(c), (d),] or (e), |
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481.115(c), (d), (e), or (f) [481.115(c)-(f)], 481.1151(b)(2), |
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(3), (4), or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or |
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(6), 481.117(c), (d), or (e), 481.118(c), (d), or (e), |
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481.120(b)(5) [481.120(b)(4), (5),] or (6), or 481.121(b)(4), (5), |
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or (6) is increased by five years and the maximum fine for the |
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offense is doubled if it is shown on the trial of the offense that |
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the offense was committed: |
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(1) in, on, or within 1,000 feet of the premises of a |
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school, the premises of a public or private youth center, or a |
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playground; |
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(2) on a school bus; or |
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(3) by any unauthorized person 18 years of age or |
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older, in, on, or within 1,000 feet of premises owned, rented, or |
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leased by a general residential operation operating as a |
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residential treatment center. |
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SECTION 2. Section 481.134, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) An offense otherwise punishable under Section |
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481.112(c), 481.1121(b)(2), 481.1123(c), 481.113(c), 481.114(c), |
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or 481.120(b)(4) is a felony of the first degree if it is shown on |
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the trial of the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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SECTION 3. Article 42A.054(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Article 42A.053 does not apply to a defendant adjudged |
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guilty of an offense under: |
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(1) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(2) Section 19.02, Penal Code (Murder); |
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(3) Section 19.03, Penal Code (Capital Murder); |
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(4) Section 20.04, Penal Code (Aggravated |
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Kidnapping); |
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(5) Section 20A.02, Penal Code (Trafficking of |
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Persons); |
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(6) Section 20A.03, Penal Code (Continuous |
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Trafficking of Persons); |
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(7) Section 21.11, Penal Code (Indecency with a |
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Child); |
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(8) Section 22.011, Penal Code (Sexual Assault); |
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(9) Section 22.021, Penal Code (Aggravated Sexual |
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Assault); |
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(10) Section 22.04(a)(1), Penal Code (Injury to a |
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Child, Elderly Individual, or Disabled Individual), if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child; |
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(11) Section 29.03, Penal Code (Aggravated Robbery); |
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(12) Section 30.02, Penal Code (Burglary), if: |
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(A) the offense is punishable under Subsection |
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(d) of that section; and |
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(B) the actor committed the offense with the |
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intent to commit a felony under Section 21.02, 21.11, 22.011, |
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22.021, or 25.02, Penal Code; |
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(13) Section 43.04, Penal Code (Aggravated Promotion |
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of Prostitution); |
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(14) Section 43.05, Penal Code (Compelling |
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Prostitution); |
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(15) Section 43.25, Penal Code (Sexual Performance by |
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a Child); |
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(16) Chapter 481, Health and Safety Code, for which |
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punishment is increased under: |
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(A) Section 481.140 of that code (Use of Child in |
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Commission of Offense); or |
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(B) Section 481.134(c), (c-1), (d), (e), or (f) |
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of that code (Drug-free Zones) if it is shown that the defendant has |
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been previously convicted of an offense for which punishment was |
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increased under any of those subsections; or |
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(17) Section 481.1123, Health and Safety Code |
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(Manufacture or Delivery of Substance in Penalty Group 1-B), if the |
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offense is punishable under Subsection (d), (e), or (f) of that |
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section. |
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SECTION 4. Article 42A.056, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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SUPERVISION. A defendant is not eligible for community supervision |
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under Article 42A.055 if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Article 42A.551; |
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(3) is adjudged guilty of an offense under Section |
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19.02, Penal Code; |
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(4) is convicted of an offense under Section 21.11, |
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22.011, or 22.021, Penal Code, if the victim of the offense was |
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younger than 14 years of age at the time the offense was committed; |
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(5) is convicted of an offense under Section 20.04, |
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Penal Code, if: |
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(A) the victim of the offense was younger than 14 |
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years of age at the time the offense was committed; and |
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(B) the actor committed the offense with the |
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intent to violate or abuse the victim sexually; |
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(6) is convicted of an offense under Section 20A.02, |
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20A.03, 43.04, 43.05, or 43.25, Penal Code; |
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(7) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (c-1), (d), (e), or (f), Health |
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and Safety Code, if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections; or |
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(8) is convicted of an offense under Section 481.1123, |
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Health and Safety Code, if the offense is punishable under |
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Subsection (d), (e), or (f) of that section. |
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SECTION 5. Article 42A.102(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) In all other cases, the judge may grant deferred |
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adjudication community supervision unless: |
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(1) the defendant is charged with an offense: |
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(A) under Section 20A.02, 20A.03, 49.045, 49.05, |
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49.065, 49.07, or 49.08, Penal Code; |
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(B) under Section 49.04 or 49.06, Penal Code, |
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and, at the time of the offense: |
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(i) the defendant held a commercial |
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driver's license or a commercial learner's permit; or |
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(ii) the defendant's alcohol concentration, |
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as defined by Section 49.01, Penal Code, was 0.15 or more; |
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(C) for which punishment may be increased under |
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Section 49.09, Penal Code; |
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(D) for which punishment may be increased under |
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Section 481.134(c), (c-1), (d), (e), or (f), Health and Safety |
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Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any one of those subsections; or |
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(E) under Section 481.1123, Health and Safety |
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Code, that is punishable under Subsection (d), (e), or (f) of that |
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section; |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of |
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the age of the victim, or a felony described by Article 42A.453(b), |
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other than a felony described by Subdivision (1)(A) or (3)(B) of |
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this subsection; and |
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(B) has previously been placed on community |
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supervision for an offense under Paragraph (A); |
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(3) the defendant is charged with an offense under: |
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(A) Section 21.02, Penal Code; or |
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(B) Section 22.021, Penal Code, that is |
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punishable under Subsection (f) of that section or under Section |
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12.42(c)(3) or (4), Penal Code; or |
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(4) the defendant is charged with an offense under |
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Section 19.02, Penal Code, except that the judge may grant deferred |
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adjudication community supervision on determining that the |
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defendant did not cause the death of the deceased, did not intend to |
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kill the deceased or another, and did not anticipate that a human |
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life would be taken. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this |
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Act. An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 7. This Act takes effect September 1, 2023. |