By Danburg                                             H.B. No. 123
       74R806 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a minimum period of community supervision for certain
    1-3  sex offenders and sexual assault offenders granted deferred
    1-4  adjudication.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 5(a), Article 42.12, Code of Criminal
    1-7  Procedure, is amended to read as follows:
    1-8        (a)  Except as provided by Subsection (d) of this section,
    1-9  when in the judge's opinion the best interest of society and the
   1-10  defendant will be served, the judge may, after receiving a plea of
   1-11  guilty or plea of nolo contendere, hearing the evidence, and
   1-12  finding that it substantiates the defendant's guilt, defer further
   1-13  proceedings without entering an adjudication of guilt, and place
   1-14  the defendant on community supervision.  The judge shall inform the
   1-15  defendant orally or in writing of the possible consequences under
   1-16  Subsection (b) of this section of a violation of community
   1-17  supervision.  If the information is provided orally, the judge must
   1-18  record and maintain the judge's statement to the defendant.  In a
   1-19  felony case, the period of community supervision may not exceed 10
   1-20  years.  For a defendant charged with a felony under Section 21.11,
   1-21  22.011, or 22.021, Penal Code, notwithstanding Section 3(b) of this
   1-22  article, the period of community supervision may not be less than
   1-23  five years.  In a misdemeanor case, the period of community
   1-24  supervision may not exceed two years.  A judge may increase the
    2-1  maximum period of community supervision in the manner provided by
    2-2  Section 22(c) of this article.  The judge may impose a fine
    2-3  applicable to the offense and require any reasonable conditions of
    2-4  community supervision, including mental health treatment under
    2-5  Section 11(d) of this article, that a judge could impose on a
    2-6  defendant placed on community supervision for a conviction that was
    2-7  probated and suspended, including confinement.  However, upon
    2-8  written motion of the defendant requesting final adjudication filed
    2-9  within 30 days after entering such plea and the deferment of
   2-10  adjudication, the judge shall proceed to final adjudication as in
   2-11  all other cases.
   2-12        SECTION 2.  (a)  The change in law made by this Act applies
   2-13  only to an offense committed on or after the effective date of this
   2-14  Act.  For purposes of this section, an offense is committed before
   2-15  the effective date of this Act if any element of the offense occurs
   2-16  before the effective date.
   2-17        (b)  An offense committed before the effective date of this
   2-18  Act is covered by the law in effect when the offense was committed,
   2-19  and the former law is continued in effect for that purpose.
   2-20        SECTION 3.  This Act takes effect September 1, 1995.
   2-21        SECTION 4.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.