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.