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.