By:  Sibley                                             S.B. No. 44
       73R1250 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to eligibility for deferred adjudication of a person who
    1-3  has been previously convicted of certain offenses or has previously
    1-4  received deferred adjudication.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 5(d), Article 42.12, Code of Criminal
    1-7  Procedure, is amended to read as follows:
    1-8        (d)(1)  This section does not apply to a defendant charged
    1-9  with an offense under Subdivision (2), Subsection (a), Section
   1-10  19.05, Penal Code, an offense under Sections 481.107(b) through
   1-11  (e), 481.122, or 481.126, Health and Safety Code, an offense under
   1-12  Article 6701l-1, Revised Statutes, an offense under Section 34,
   1-13  Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
   1-14  (Article 6687b, Vernon's Texas Civil Statutes), an offense under
   1-15  Section 32(c), Texas Motor Vehicle Safety-Responsibility Act
   1-16  (Article 6701h, Vernon's Texas Civil Statutes), or an offense under
   1-17  Section 10, Texas Commercial Driver's License Act (Article 6687b-2,
   1-18  Revised Statutes).
   1-19              (2)  A court may grant deferred adjudication to a
   1-20  person who has previously received deferred adjudication for or
   1-21  been finally convicted of any offense, other than an offense
   1-22  punishable by fine only, only with the written consent of the
   1-23  attorney representing the state.  For the purposes of this
   1-24  subdivision, a conviction is a final conviction whether or not the
    2-1  sentence for the conviction is probated.
    2-2        SECTION 2.  (a)  The change in law made by this Act applies
    2-3  only to the eligibility for deferred adjudication of a person
    2-4  charged with an offense committed on or after the effective date of
    2-5  this Act.  For purposes of this section, an offense is committed
    2-6  before the effective date of this Act if any element of the offense
    2-7  occurs before the effective date.
    2-8        (b)  An offense committed before the effective date of this
    2-9  Act is covered by the law in effect when the offense was committed,
   2-10  and the former law is continued in effect for this purpose.
   2-11        SECTION 3.  This Act takes effect September 1, 1993.
   2-12        SECTION 4.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency   and   an   imperative   public   necessity   that   the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.