By Shapiro S.B. No. 381
75R3588 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of a grant of
1-3 deferred adjudication for a sexual offense or a sexually assaultive
1-4 offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 5(a), (c), and (d), Article 42.12, Code
1-7 of Criminal Procedure, are 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. A judge may place on
1-15 community supervision under this section a defendant charged with
1-16 an offense under Section 21.11, 22.011, or 22.021, Penal Code,
1-17 regardless of the age of the victim, or a defendant charged with a
1-18 felony described by Section 13B(b), only if the judge makes a
1-19 finding in open court that placing the defendant on community
1-20 supervision is in the best interest of the victim. After placing
1-21 the defendant on community supervision under this section, the
1-22 judge shall inform the defendant orally or in writing of the
1-23 possible consequences under Subsection (b) of this section of a
1-24 violation of community supervision. If the information is provided
2-1 orally, the judge must record and maintain the judge's statement to
2-2 the defendant. The failure of a judge to inform a defendant of
2-3 possible consequences under Subsection (b) of this section is not a
2-4 ground for reversal unless the defendant shows that he was harmed
2-5 by the failure of the judge to provide the information. In a
2-6 felony case and except as otherwise provided by this subsection,
2-7 the period of community supervision may not exceed 10 years. For a
2-8 defendant charged with a felony under Section 21.11, 22.011, or
2-9 22.021, Penal Code, regardless of the age of the victim, and for a
2-10 defendant charged with a felony described by Section 13B(b) of this
2-11 article, the period of community supervision may not be less than
2-12 five years or more than 20 years. In a misdemeanor case, the
2-13 period of community supervision may not exceed two years. A judge
2-14 may increase the maximum period of community supervision in the
2-15 manner provided by Section 22(c) of this article. The judge may
2-16 impose a fine applicable to the offense and require any reasonable
2-17 conditions of community supervision, including mental health
2-18 treatment under Section 11(d) of this article, that a judge could
2-19 impose on a defendant placed on community supervision for a
2-20 conviction that was probated and suspended, including confinement.
2-21 The provisions of Section 15 of this article specifying whether a
2-22 defendant convicted of a state jail felony is to be confined in a
2-23 county jail or state jail felony facility and establishing the
2-24 minimum and maximum terms of confinement as a condition of
2-25 community supervision apply in the same manner to a defendant
2-26 placed on community supervision after pleading guilty or nolo
2-27 contendere to a state jail felony. However, upon written motion of
3-1 the defendant requesting final adjudication filed within 30 days
3-2 after entering such plea and the deferment of adjudication, the
3-3 judge shall proceed to final adjudication as in all other cases.
3-4 (c) On expiration of a community supervision period imposed
3-5 under Subsection (a) of this section, if the judge has not
3-6 proceeded to adjudication of guilt, the judge shall dismiss the
3-7 proceedings against the defendant and discharge him. The judge may
3-8 dismiss the proceedings and discharge a defendant, other than a
3-9 defendant charged with an offense described by Section 13B(b) of
3-10 this article, prior to the expiration of the term of community
3-11 supervision if in the judge's opinion the best interest of society
3-12 and the defendant will be served. The judge may dismiss the
3-13 proceedings and discharge a defendant charged with a felony
3-14 described by Section 13B(b) of this article only if in the judge's
3-15 opinion the best interest of society and the defendant will be
3-16 served and the defendant has successfully completed at least
3-17 two-thirds of the period of community supervision. Except as
3-18 provided by Section 12.42(g), Penal Code, a [A] dismissal and
3-19 discharge under this section may not be deemed a conviction for the
3-20 purposes of disqualifications or disabilities imposed by law for
3-21 conviction of an offense. For any defendant who receives a
3-22 dismissal and discharge under this section[, except that]:
3-23 (1) upon conviction of a subsequent offense, the fact
3-24 that the defendant had previously received community supervision
3-25 with a deferred adjudication of guilt shall be admissible before
3-26 the court or jury to be considered on the issue of penalty;
3-27 (2) if the defendant is an applicant for a license or
4-1 is a licensee under Chapter 42, Human Resources Code, the Texas
4-2 Department of Human Services may consider the fact that the
4-3 defendant previously has received community supervision with a
4-4 deferred adjudication of guilt under this section in issuing,
4-5 renewing, denying, or revoking a license under that chapter; and
4-6 (3) if the defendant is a person who has applied for
4-7 registration to provide mental health or medical services for the
4-8 rehabilitation of sex offenders, the Interagency Council on Sex
4-9 Offender Treatment may consider the fact that the defendant has
4-10 received community supervision under this section in issuing,
4-11 renewing, denying, or revoking a license or registration issued by
4-12 that council.
4-13 (d) In all other cases the judge may grant deferred
4-14 adjudication unless:
4-15 (1) the defendant is charged with an offense:
4-16 (A) [(1)] under Section 49.04, 49.05, 49.06,
4-17 49.07, or 49.08, Penal Code; or
4-18 (B) [(2)] for which punishment may be increased
4-19 under Section 481.134(c), (d), (e), or (f), Health and Safety Code,
4-20 if it is shown that the defendant has been previously convicted of
4-21 an offense for which punishment was increased under any one of
4-22 those subsections; or
4-23 (2) the defendant:
4-24 (A) is charged with an offense under Section
4-25 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
4-26 victim, or a felony described by Section 13B(b); and
4-27 (B) has previously been placed on community
5-1 supervision under this section for any offense.
5-2 SECTION 2. Section 12.42, Penal Code, is amended by adding
5-3 Subsection (g) to read as follows:
5-4 (g) For the purposes of Subsection (d)(2), a defendant has
5-5 been previously convicted of an offense listed under Subsection
5-6 (d)(2)(B) if the defendant was adjudged guilty of the offense or
5-7 entered a plea of guilty or nolo contendere in return for a grant
5-8 of deferred adjudication, regardless of whether the sentence for
5-9 the offense was ever imposed or whether the sentence was probated
5-10 and the defendant was subsequently discharged from community
5-11 supervision.
5-12 SECTION 3. Section 3(e), Article 6252-13c.1, Revised
5-13 Statutes, is amended to read as follows:
5-14 (e) Not later than the eighth day after receiving a
5-15 registration form under Subsection (b), (c), or (d) of this
5-16 section, the local law enforcement authority shall verify the age
5-17 of the victim and the basis on which the person is subject to
5-18 registration under this article. If the victim is a child younger
5-19 than 17 years of age and the basis on which the person is subject
5-20 to registration is not an adjudication of delinquent conduct [or a
5-21 deferred adjudication] and is not a conviction or a deferred
5-22 adjudication for an offense under Section 25.02, Penal Code, the
5-23 authority shall immediately publish notice in English and Spanish
5-24 in at least one newspaper of general circulation in the county in
5-25 which the person subject to registration intends to reside. The
5-26 authority shall publish a duplicate notice in the newspaper, with
5-27 any necessary corrections, during the week immediately following
6-1 the week of initial publication. If the victim is a child younger
6-2 than 17 years of age, regardless of the basis on which the person
6-3 is subject to registration, the authority shall immediately provide
6-4 notice to the superintendent of public schools of the school
6-5 district in which the person subject to registration intends to
6-6 reside by mail to the district office.
6-7 SECTION 4. Section 4(f), Article 6252-13c.1, Revised
6-8 Statutes, is amended to read as follows:
6-9 (f) If the person moves to another municipality or county in
6-10 this state, the department shall inform the applicable local law
6-11 enforcement authority in the new area of the person's residence not
6-12 later than the third day after the date on which the department
6-13 receives information under Subsection (a) of this section. Not
6-14 later than the eighth day after the date on which the local law
6-15 enforcement authority is informed under Subsection (a) of this
6-16 section or under this subsection, the authority shall verify the
6-17 age of the victim and the basis on which the person is subject to
6-18 registration under this article. If the victim is a child younger
6-19 than 17 years of age and the basis on which the person is subject
6-20 to registration is not an adjudication of delinquent conduct [or a
6-21 deferred adjudication] and is not a conviction or a deferred
6-22 adjudication for an offense under Section 25.02, Penal Code, the
6-23 authority shall immediately publish notice in English and Spanish
6-24 in at least one newspaper of general circulation in the county in
6-25 which the person subject to registration intends to reside. The
6-26 local law enforcement authority shall publish a duplicate notice in
6-27 the newspaper, with any necessary corrections, during the week
7-1 immediately following the week of initial publication. If the
7-2 victim is a child younger than 17 years of age, regardless of the
7-3 basis on which the person is subject to registration, the authority
7-4 shall immediately provide notice to the superintendent of public
7-5 schools of the school district in which the person subject to
7-6 registration intends to reside by mail to the district office.
7-7 SECTION 5. (a) The change in law made by this Act applies
7-8 only to an offense committed on or after the effective date of this
7-9 Act. For purposes of this section, an offense is committed before
7-10 the effective date of this Act if any element of the offense occurs
7-11 before the effective date.
7-12 (b) An offense committed before the effective date of this
7-13 Act is covered by the law in effect when the offense was committed,
7-14 and the former law is continued in effect for that purpose.
7-15 SECTION 6. This Act takes effect September 1, 1997.
7-16 SECTION 7. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended.