By: Schechter H.B. No. 550
73R1578 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for deferred adjudication of a person
1-3 charged with certain offenses against children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5(d), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (d) This section does not apply to a defendant charged with
1-8 an offense under Sections <Subdivision (2), Subsection (a),
1-9 Section> 19.05(a)(2), 21.11, 22.011(a)(2), or 22.021(a)(1)(B),
1-10 Penal Code, an offense under Section 22.04, Penal Code, but only if
1-11 the victim is a child, an offense under Sections 481.107(b) through
1-12 (e), 481.122, or 481.126, Health and Safety Code, an offense under
1-13 Article 6701l-1, Revised Statutes, an offense under Section 34,
1-14 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
1-15 (Article 6687b, Vernon's Texas Civil Statutes), an offense under
1-16 Section 32(c), Texas Motor Vehicle Safety-Responsibility Act
1-17 (Article 6701h, Vernon's Texas Civil Statutes), or an offense under
1-18 Section 10, Texas Commercial Driver's License Act (Article 6687b-2,
1-19 Revised Statutes).
1-20 SECTION 2. (a) The change in law made by this Act applies
1-21 only to the eligibility for deferred adjudication of a person
1-22 charged with an offense committed on or after the effective date of
1-23 this Act. For purposes of this section, an offense is committed
1-24 before the effective date of this Act if any element of the offense
2-1 occurs before the effective date.
2-2 (b) The eligibility for deferred adjudication of a person
2-3 who commits an offense before the effective date of this Act is
2-4 covered by the law in effect when the offense was committed, and
2-5 the former law is continued in effect for that purpose.
2-6 SECTION 3. This Act takes effect September 1, 1993.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.