By: Luna S.B. No. 678
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the conditions imposed on a person receiving deferred
1-2 adjudication.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 5, Article 42.12, Code of
1-5 Criminal Procedure, is amended to read as follows:
1-6 (a) Except as provided by Subsection (d) of this section,
1-7 when in its opinion the best interest of society and the defendant
1-8 will be served, the court may, after receiving a plea of guilty or
1-9 plea of nolo contendere, hearing the evidence, and finding that it
1-10 substantiates the defendant's guilt, defer further proceedings
1-11 without entering an adjudication of guilt, and place the defendant
1-12 on probation. The court shall inform the defendant orally or in
1-13 writing of the possible consequences under Subsection (b) of this
1-14 section of a violation of probation. If the information is
1-15 provided orally, the court must record and maintain the court's
1-16 statement to the defendant. In a felony case, the period of
1-17 probation may not exceed 10 years. In a misdemeanor case, the
1-18 period of probation may not exceed two years. The court may impose
1-19 a fine applicable to the offense and require any reasonable terms
1-20 and conditions of probation, including detention under Section 12
1-21 of this article or electronic monitoring under Section 21 of this
1-22 article. However, upon written motion of the defendant requesting
1-23 final adjudication filed within 30 days after entering such plea
1-24 and the deferment of adjudication, the court shall proceed to final
2-1 adjudication as in all other cases.
2-2 SECTION 2. Subsection (a), Section 21, Article 42.12, Code
2-3 of Criminal Procedure, is amended to read as follows:
2-4 (a)(1) If a judge sentences a defendant to a term of
2-5 confinement in the county jail or imprisonment in the institutional
2-6 division of the Texas Department of Criminal Justice, the defendant
2-7 is eligible for probation, and the district is served by a district
2-8 probation office that has an electronic monitoring program approved
2-9 by the community justice assistance division of the Texas
2-10 Department of Criminal Justice, the judge may suspend imposition of
2-11 the sentence of imprisonment or confinement and require as a
2-12 condition of probation that the defendant submit to electronic
2-13 monitoring.
2-14 (2) A judge whose district is served by a community
2-15 supervision and corrections department that has an electronic
2-16 monitoring program described by Subdivision (1) of this subsection
2-17 may require as a condition of deferred adjudication that the
2-18 defendant submit to electronic monitoring.
2-19 (3) The judge may also require the defendant to submit
2-20 to testing for controlled substances as a condition of probation or
2-21 deferred adjudication.
2-22 SECTION 3. (a) The change in law made by this Act applies
2-23 only to a defendant charged with an offense committed on or after
2-24 the effective date of this Act. For purposes of this section, an
2-25 offense is committed before the effective date of this Act if any
2-26 element of the offense occurs before that date.
2-27 (b) A defendant charged with an offense committed before the
3-1 effective date of this Act is governed by the law in effect when
3-2 the offense was committed, and the former law is continued in
3-3 effect for that purpose.
3-4 SECTION 4. This Act takes effect September 1, 1993.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.