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.