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.