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.