By Harris                                        S.B. No. 144

      75R2163 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the eligibility of certain sex offenders for deferred

 1-3     adjudication.

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

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

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

 1-7           (d)  In all other cases the judge may grant deferred

 1-8     adjudication unless the defendant is charged with an offense:

 1-9                 (1)  under Section 49.04, 49.05, 49.06, 49.07, or

1-10     49.08, Penal Code; [or]

1-11                 (2)  described by Section 13B(b), as added by Chapter

1-12     256, Acts of the 74th Legislature, 1995; or

1-13                 (3)  for which punishment may be increased under

1-14     Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it

1-15     is shown that the defendant has been previously convicted of an

1-16     offense for which punishment was increased under any one of those

1-17     subsections.

1-18           SECTION 2.  (a)  The change in law made by this Act applies

1-19     only to an offense committed on or after the effective date of this

1-20     Act.  For purposes of this section, an offense is committed before

1-21     the effective date of this Act if any element of the offense occurs

1-22     before the effective date.

1-23           (b)  An offense committed before the effective date of this

1-24     Act is covered by the law in effect when the offense was committed,

 2-1     and the former law is continued in effect for that purpose.

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

 2-3           SECTION 4.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.