By Staples                                            H.B. No. 2974
         76R1381 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the eligibility of certain defendants charged with
 1-3     drug-related offenses for deferred adjudication community
 1-4     supervision.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 5(d), Article 42.12, Code of Criminal
 1-7     Procedure, is amended to read as follows:
 1-8           (d)  In all other cases the judge may grant deferred
 1-9     adjudication unless:
1-10                 (1)  the defendant is charged with an offense:
1-11                       (A)  under  Section 49.04,  49.05,  49.06,
1-12     49.07, or  49.08, Penal Code; or
1-13                       (B)  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;  [or]
1-18                 (2)  the defendant:
1-19                       (A)  is charged with an offense under  Section
1-20     21.11,  22.011, or  22.021, Penal Code, regardless of the age of
1-21     the victim, or a felony described by Section 13B(b) of this
1-22     article; and
1-23                       (B)  has previously been placed on community
1-24     supervision for any offense under Paragraph (A) of this
 2-1     subdivision; or
 2-2                 (3)  the defendant:
 2-3                       (A)  is charged with an offense under Chapter
 2-4     481, 482, or 483, Health and Safety Code; and
 2-5                       (B)  has previously been placed on deferred
 2-6     adjudication community supervision for an offense under Chapter
 2-7     481, 482, or 483, Health and Safety Code, committed less than five
 2-8     years before the date of the commission of the instant offense.
 2-9           SECTION 2.  (a)  The change in law made by this Act applies
2-10     only to a defendant who before, on, or after the effective date of
2-11     this Act is placed on deferred adjudication community supervision
2-12     and who subsequently requests deferred adjudication community
2-13     supervision for an offense committed on or after the effective date
2-14     of this Act.  For purposes of this section, an offense is committed
2-15     before the effective date of this Act if any element of the offense
2-16     occurs before the effective date.
2-17           (b)  A defendant who requests deferred adjudication community
2-18     supervision for a subsequent offense committed before the effective
2-19     date of this Act is covered by the law in effect when the offense
2-20     was committed, and the former law is continued in effect for that
2-21     purpose.
2-22           SECTION 3.  This Act takes effect September 1, 1999.
2-23           SECTION 4.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.