By Puente                                        H.B. No. 542

      75R2013 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appeal by a defendant of the revocation of deferred

 1-3     adjudication community supervision.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 5(b), Article 42.12, Code of Criminal

 1-6     Procedure, is amended to read as follows:

 1-7           (b)  On violation of a condition of community supervision

 1-8     imposed under Subsection (a) [of this section], the defendant may

 1-9     be arrested and detained as provided in Section 21 [of this

1-10     article].  The defendant is entitled to a hearing limited to the

1-11     determination by the court of whether it proceeds with an

1-12     adjudication of guilt on the original charge.  If the court makes

1-13     the determination to proceed with an adjudication of guilt, the

1-14     defendant is entitled to appeal the court's determination  [No

1-15     appeal may be taken from this determination].  After an

1-16     adjudication of guilt, all proceedings, including assessment of

1-17     punishment, pronouncement of sentence, granting of community

1-18     supervision, and defendant's appeal continue as if the adjudication

1-19     of guilt had not been deferred.  A court assessing punishment after

1-20     an adjudication of guilt of a defendant charged with a state jail

1-21     felony may suspend the imposition of the sentence and place the

1-22     defendant on community supervision or may order the sentence to be

1-23     executed, regardless of whether the defendant has previously been

1-24     convicted of a felony.

 2-1           SECTION 2.  (a)  The change in law made by this Act applies

 2-2     only to a defendant for whom a court makes a determination to

 2-3     proceed with an adjudication of guilt under Section 5, Article

 2-4     42.12, Code of Criminal Procedure, as amended by this Act, on or

 2-5     after the effective date of this Act.

 2-6           (b)  A defendant for whom a court has made a determination to

 2-7     proceed with an adjudication of guilt before the effective date of

 2-8     this Act is covered by the law in effect when the determination was

 2-9     made, and the former law is continued in effect for that purpose.

2-10           SECTION 3.  This Act takes effect September 1, 1997.

2-11           SECTION 4.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.