Amend CSHB 3555 by adding appropriately numbered SECTIONS to
read as follows and by renumbering existing SECTIONS accordingly:
      SECTION      . Section 5(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
      (d)  In all other cases the judge may grant deferred
adjudication unless:
            (1)  the defendant is charged with an offense:
                  (A)  under Section <49.04, 49.05, 49.06,> 49.07
<,> or 49.08, Penal Code; <or>
                  (B)  during the commission of which the defendant
was involved in an accident involving a motor vehicle and the
accident caused bodily injury to any person or damage to any
property;
                  (C)  after arrest for which the defendant refused
to submit to the taking of a breath or blood specimen under Section
724.012, Transportation Code; or
                  (D)  for which punishment may be increased under
Section 49.09, Penal Code, or Section 481.134 (c), (d), (e), or
(f), Health and Safety Code, if it is shown that the defendant has
been previously convicted of an offense for which punishment was
increased under Section 49.09 or any one of those subsections under
Section 481.134; or
            (2)  the defendant:
                  (A)  is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, an offense under Section 49.04, 49.05, or 49.06, Penal
Code, or a felony described by Section 13(B)(b) of this article;
and
                  (B)  has previously been placed on community
supervision for any offense under Paragraph (A) of this
subdivision.
      SECTION     . The change in law made by this Act to Section
5(d), Article 42.12, Code of Criminal Procedure, applies only to a
defendant charged with an offense committed on or after the
effective date of this Act. For purposes of this section, an
offense is committed before the effective date of this Act if any
element of the offense occurs before the effective date. A
defendant charged with an offense committed before the effective
date of this Act is covered by the law in effect when the offense
was committed, and the former law is continued in effect for that
purpose.