By Hochberg                                            H.B. No. 685
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting jury-recommended community supervision for
 1-3     defendant convicted of murder.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 4(d), Article 42.12, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (d)  A defendant is not eligible for community supervision
 1-8     under this section if the defendant:
 1-9                 (1)  is sentenced to a term of imprisonment that
1-10     exceeds 10 years;
1-11                 (2)  is sentenced to serve a term of confinement under
1-12     Section 12.35, Penal Code;
1-13                 (3)  does not file a sworn motion under Subsection (e)
1-14     of this section or for whom the jury does not enter in the verdict
1-15     a finding that the information contained in the motion is true;
1-16     [or]
1-17                 (4)  is adjudged guilty of an offense for which
1-18     punishment is increased under Section 481.134(c), (d), (e), or (f),
1-19     Health and Safety Code, if it is shown that the defendant has been
1-20     previously convicted of an offense for which punishment was
1-21     increased under any one of those subsections; or
1-22                 (5)  is adjudged guilty of an offense under Section
 2-1     19.02, Penal Code.
 2-2           SECTION 2.  Section 5(d), Article 42.12, Code of Criminal
 2-3     Procedure, is amended to read as follows:
 2-4           (d)  In all other cases the judge may grant deferred
 2-5     adjudication unless:
 2-6                 (1)  the defendant is charged with an offense:
 2-7                       (A)  under Section 19.02, 49.04, 49.05, 49.06,
 2-8     49.07, or 49.08 Penal Code; or
 2-9                       (B)  for which punishment may be increased under
2-10     Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
2-11     is shown which punishment was increased under any one of those
2-12     subsection; or
2-13                 (2)  the defendant:
2-14                       (A)  is charged with an offense under Section
2-15     21.11, 22.011, or 22.021, Penal Code regardless of the age of the
2-16     victim, or a felony described by Section 13B(b) of this article;
2-17     and
2-18                       (B)  has previously been placed on community
2-19     supervision for any offense under Paragraph (A) of this
2-20     subdivision.
2-21           SECTION 3.  (a)  The change in law made by this Act applies
2-22     only to an offense committed on or after the effective date of this
2-23     Act.  For purposes of this section, an offense is committed before
2-24     the effective date of this Act if any element of the offense occurs
2-25     before the effective date.
2-26           (b)  An offense committed before the effective date of this
 3-1     Act is covered by the law in effect when the offense was committed,
 3-2     and the former law is continued in effect for that purpose.
 3-3           SECTION 4.  This Act takes effect September 1, 2001.