1-1 By: Luna S.B. No. 678 1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 March 31,A 1993, reported favorably by the following vote: Yeas 5, 1-5 Nays 0; March 31, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Whitmire x 1-9 Brown x 1-10 Nelson x 1-11 Sibley x 1-12 Sims x 1-13 Turner x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to the conditions imposed on a person receiving deferred 1-18 adjudication. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. Subsection (a), Section 5, Article 42.12, Code of 1-21 Criminal Procedure, is amended to read as follows: 1-22 (a) Except as provided by Subsection (d) of this section, 1-23 when in its opinion the best interest of society and the defendant 1-24 will be served, the court may, after receiving a plea of guilty or 1-25 plea of nolo contendere, hearing the evidence, and finding that it 1-26 substantiates the defendant's guilt, defer further proceedings 1-27 without entering an adjudication of guilt, and place the defendant 1-28 on probation. The court shall inform the defendant orally or in 1-29 writing of the possible consequences under Subsection (b) of this 1-30 section of a violation of probation. If the information is 1-31 provided orally, the court must record and maintain the court's 1-32 statement to the defendant. In a felony case, the period of 1-33 probation may not exceed 10 years. In a misdemeanor case, the 1-34 period of probation may not exceed two years. The court may impose 1-35 a fine applicable to the offense and require any reasonable terms 1-36 and conditions of probation, including detention under Section 12 1-37 of this article or electronic monitoring under Section 21 of this 1-38 article. However, upon written motion of the defendant requesting 1-39 final adjudication filed within 30 days after entering such plea 1-40 and the deferment of adjudication, the court shall proceed to final 1-41 adjudication as in all other cases. 1-42 SECTION 2. Subsection (a), Section 21, Article 42.12, Code 1-43 of Criminal Procedure, is amended to read as follows: 1-44 (a)(1) If a judge sentences a defendant to a term of 1-45 confinement in the county jail or imprisonment in the institutional 1-46 division of the Texas Department of Criminal Justice, the defendant 1-47 is eligible for probation, and the district is served by a district 1-48 probation office that has an electronic monitoring program approved 1-49 by the community justice assistance division of the Texas 1-50 Department of Criminal Justice, the judge may suspend imposition of 1-51 the sentence of imprisonment or confinement and require as a 1-52 condition of probation that the defendant submit to electronic 1-53 monitoring. 1-54 (2) A judge whose district is served by a community 1-55 supervision and corrections department that has an electronic 1-56 monitoring program described by Subdivision (1) of this subsection 1-57 may require as a condition of deferred adjudication that the 1-58 defendant submit to electronic monitoring. 1-59 (3) The judge may also require the defendant to submit 1-60 to testing for controlled substances as a condition of probation or 1-61 deferred adjudication. 1-62 SECTION 3. (a) The change in law made by this Act applies 1-63 only to a defendant charged with an offense committed on or after 1-64 the effective date of this Act. For purposes of this section, an 1-65 offense is committed before the effective date of this Act if any 1-66 element of the offense occurs before that date. 1-67 (b) A defendant charged with an offense committed before the 1-68 effective date of this Act is governed by the law in effect when 2-1 the offense was committed, and the former law is continued in 2-2 effect for that purpose. 2-3 SECTION 4. This Act takes effect September 1, 1993. 2-4 SECTION 5. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended. 2-9 * * * * * 2-10 Austin, 2-11 Texas 2-12 March 31, 1993 2-13 Hon. Bob Bullock 2-14 President of the Senate 2-15 Sir: 2-16 We, your Committee on Criminal Justice to which was referred S.B. 2-17 No. 678, have had the same under consideration, and I am instructed 2-18 to report it back to the Senate with the recommendation that it do 2-19 pass and be printed. 2-20 Whitmire, 2-21 Chairman 2-22 * * * * * 2-23 WITNESSES 2-24 FOR AGAINST ON 2-25 ___________________________________________________________________ 2-26 Name: Sid Harle x 2-27 Representing: 226th District Court 2-28 City: San Antonio 2-29 -------------------------------------------------------------------