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.