AEZ C.S.S.B. 381 75(R)    BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.S.B. 381
By: Shapiro (Goodman)
5-1-97
Committee Report (Substituted)



BACKGROUND 

Currently, a judge is authorized to grant deferred adjudication in cases
of certain sexual or sexually assaultive offenses.  When a person is
granted deferred adjudication, there is no finding of guilt and the
offense cannot be used to enhance a subsequent offense.  


PURPOSE

As proposed, C.S.S.B. 381 establishes the civil and criminal consequences
of a grant of deferred adjudication for a sexual or a sexually assaultive
offense, and provides for the prosecution of certain defendants charged
with or convicted of those offenses.  C.S.S.B. 381 requires the public to
be notified when an individual has been given deferred adjudication and
directs the judge to place a defendant on community supervision only if it
is in the best interest of the victim. 

  
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Sections 5(a), (c), Article 42.12, Code of Criminal
Procedure, Deferred Adjudication; Community Supervision, to authorize a
judge to place on community supervision a defendant charged with an
offense under Section 21.11, 22.011, or 22.021, Penal Code (regarding
indecency with a child, sexual assault, and aggravated sexual assault),
regardless of the age of the victim; or a defendant charged with a felony
described by Section 13B(b), including indecent exposure, prohibited
sexual conduct, sexual performance by a child, possession or promotion of
child pornography, and aggravated kidnapping and burglary involving
certain sexual offenses, only if the judge makes a finding in open court
that placing the defendant on community supervision is in the best
interest of the victim. 

SECTION 2.Amends Section 3.03(b), Penal Code, to authorize the sentences,
if the accused is found guilty of more than one offense arising out of the
same criminal episode, to run concurrently or consecutively if each
sentence is for a conviction of an offense under Section 21.11, 22.011,
22.021, 25.02, or 43.25, committed against a victim younger than 17 years
of age, regardless of certain circumstances; or for which a plea agreement
was reached in a case in which the accused was charged with more than one
offense listed in Paragraph (A), committed against a victim younger than
17 years of age, regardless of certain circumstances.   

SECTION 3.Amends Section 3.04, Penal Code, by adding Subsection (c), to
provide that the right to severance does not apply to a prosecution for
offenses described by Section 3.03(b)(2) unless the court determines that
the defendant or the state would be unfairly prejudiced by a joinder of
offenses, in which event the judge may order the offenses to be tried
separately or may order other relief as justice requires. 
 
SECTION 4.Amends Section 12.42, Penal Code, by adding Subsection (g), to
provide that for the purposes of Subsection (d)(2), a defendant has been
previously convicted of an offense listed under Subsection (d)(2)(B)
(including those offenses listed under Section 13B(b), Article 42.12, Code
of Criminal Procedure, except indecent exposure) if the defendant was
adjudged guilty of the offense or entered a plea of guilty or nolo
contendere in return for a grant of deferred adjudication, regardless of
other factors; and a conviction under the laws of another state for an
offense containing elements that are substantially similar to the elements
of an offense listed under Subsection (d)(2)(B) is a conviction of an
offense listed under that subsection.  
 
SECTION 5.Amends Section 3(e), Article 6252-13c.1, V.T.C.S., to make a
conforming change. 

SECTION 6Amends Section 4(f), Article 6252-13c.1, V.T.C.S., to make a
conforming change. 

SECTION 7.The change in law made by this Act applies only to an offense
committed on or after the effective date of this act. 

SECTION 8.  Effective date:  September 1, 1997.

SECTION 9.  Emergency clause.  






COMPARISON OF ORIGINAL TO SUBSTITUTE


The original amended Section 5, Code of Criminal Procedure by providing
that the failure of the judge to find that deferred adjudication is in the
best interest of the victim is not grounds for the defendant to set aside
the plea, deferred adjudication, or any subsequent conviction or sentence.
Prohibited the period of community supervision for a defendant charged
with one of these felonies from being more than 20 years.  Authorized the
judge to grant deferred adjudication unless the defendant is charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code, or a felony
described by Section 13B(b); and has previously been placed on community
supervision for any offense under Subsection (2)(A) of this section.
These changes are deleted in the substitute.