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
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