By: Nelson S.B. No. 717
73R4674 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conditions imposed on a person receiving deferred
1-3 adjudication.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) Except as provided by Subsection (d) of this section,
1-8 when in its opinion the best interest of society and the defendant
1-9 will be served, the court may, after receiving a plea of guilty or
1-10 plea of nolo contendere, hearing the evidence, and finding that it
1-11 substantiates the defendant's guilt, defer further proceedings
1-12 without entering an adjudication of guilt, and place the defendant
1-13 on probation. The court shall inform the defendant orally or in
1-14 writing of the possible consequences under Subsection (b) of this
1-15 section of a violation of probation. If the information is
1-16 provided orally, the court must record and maintain the court's
1-17 statement to the defendant. In a felony case, the period of
1-18 probation may not exceed 10 years. In a misdemeanor case, the
1-19 period of probation may not exceed two years. The court may impose
1-20 a fine applicable to the offense and require any reasonable terms
1-21 and conditions of probation, including detention under Section 12
1-22 of this article or electronic monitoring under Section 21 of this
1-23 article. However, upon written motion of the defendant requesting
1-24 final adjudication filed within 30 days after entering such plea
2-1 and the deferment of adjudication, the court shall proceed to final
2-2 adjudication as in all other cases.
2-3 SECTION 2. Section 21(a), Article 42.12, Code of Criminal
2-4 Procedure, is amended to read as follows:
2-5 (a)(1) If a judge sentences a defendant to a term of
2-6 confinement in the county jail or imprisonment in the institutional
2-7 division of the Texas Department of Criminal Justice, the defendant
2-8 is eligible for probation, and the district is served by a district
2-9 probation office that has an electronic monitoring program approved
2-10 by the community justice assistance division of the Texas
2-11 Department of Criminal Justice, the judge may suspend imposition of
2-12 the sentence of imprisonment or confinement and require as a
2-13 condition of probation that the defendant submit to electronic
2-14 monitoring.
2-15 (2) A judge whose district is served by a community
2-16 supervision and corrections department that has an electronic
2-17 monitoring program described by Subdivision (1) of this subsection
2-18 may require as a condition of deferred adjudication that the
2-19 defendant submit to electronic monitoring.
2-20 (3) The judge may also require the defendant to submit
2-21 to testing for controlled substances as a condition of probation or
2-22 deferred adjudication.
2-23 SECTION 3. (a) The change in law made by this Act applies
2-24 only to a defendant charged with an offense committed on or after
2-25 the effective date of this Act. For purposes of this section, an
2-26 offense is committed before the effective date of this Act if any
2-27 element of the offense occurs before that date.
3-1 (b) A defendant charged with an offense committed before the
3-2 effective date of this Act is governed by the law in effect when
3-3 the offense was committed, and the former law is continued in
3-4 effect for that purpose.
3-5 SECTION 4. This Act takes effect September 1, 1993.
3-6 SECTION 5. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.