By:  Corte                                            H.B. No. 2398
       73R5409 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the conditions imposed on a person receiving deferred
    1-3  adjudication.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 5(a), Article 42.12, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        (a)  Except as provided by Subsection (d) of this section,
    1-8  when in its opinion the best interest of society and the defendant
    1-9  will be served, the court may, after receiving a plea of guilty or
   1-10  plea of nolo contendere, hearing the evidence, and finding that it
   1-11  substantiates the defendant's guilt, defer further proceedings
   1-12  without entering an adjudication of guilt, and place the defendant
   1-13  on probation.  The court shall inform the defendant orally or in
   1-14  writing of the possible consequences under Subsection (b) of this
   1-15  section of a violation of probation.  If the information is
   1-16  provided orally, the court must record and maintain the court's
   1-17  statement to the defendant.  In a felony case, the period of
   1-18  probation may not exceed 10 years.  In a misdemeanor case, the
   1-19  period of probation may not exceed two years.  The court may impose
   1-20  a fine applicable to the offense and require any reasonable terms
   1-21  and conditions of probation, including detention under Section 12
   1-22  of this article or electronic monitoring under Section 21 of this
   1-23  article that the court could impose on a defendant to whom the
   1-24  court grants probation and for whom the court suspends the
    2-1  imposition of a sentence of imprisonment  or confinement.
    2-2  However, upon written motion of the defendant requesting final
    2-3  adjudication filed within 30 days after entering such plea and the
    2-4  deferment of adjudication, the court shall proceed to final
    2-5  adjudication as in all other cases.
    2-6        SECTION 2.  (a)  The change in law made by this Act applies
    2-7  only to a defendant charged with an offense committed on or after
    2-8  the effective date of this Act.  For purposes of this section, an
    2-9  offense is committed before the effective date of this Act if any
   2-10  element of the offense occurs before that date.
   2-11        (b)  A defendant charged with an offense committed before the
   2-12  effective date of this Act is governed by the law in effect when
   2-13  the offense was committed, and the former law is continued in
   2-14  effect for that purpose.
   2-15        SECTION 3.  This Act takes effect September 1, 1993.
   2-16        SECTION 4.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended.