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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