77R12280 GWK-D
By Uresti H.B. No. 1499
Substitute the following for H.B. No. 1499:
By Hinojosa C.S.H.B. No. 1499
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to conditions imposed by a judge on a defendant placed on
1-3 deferred adjudication community supervision.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5(a), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) Except as provided by Subsection (d) of this section,
1-8 when in the judge's opinion the best interest of society and the
1-9 defendant will be served, the judge may, after receiving a plea of
1-10 guilty or plea of nolo contendere, hearing the evidence, and
1-11 finding that it substantiates the defendant's guilt, defer further
1-12 proceedings without entering an adjudication of guilt, and place
1-13 the defendant on community supervision. A judge may place on
1-14 community supervision under this section a defendant charged with
1-15 an offense under Section 21.11, 22.011, or 22.021, Penal Code,
1-16 regardless of the age of the victim, or a defendant charged with a
1-17 felony described by Section 13B(b) of this article, only if the
1-18 judge makes a finding in open court that placing the defendant on
1-19 community supervision is in the best interest of the victim. The
1-20 failure of the judge to find that deferred adjudication is in the
1-21 best interest of the victim is not grounds for the defendant to set
1-22 aside the plea, deferred adjudication, or any subsequent conviction
1-23 or sentence. After placing the defendant on community supervision
1-24 under this section, the judge shall inform the defendant orally or
2-1 in writing of the possible consequences under Subsection (b) of
2-2 this section of a violation of community supervision. If the
2-3 information is provided orally, the judge must record and maintain
2-4 the judge's statement to the defendant. The failure of a judge to
2-5 inform a defendant of possible consequences under Subsection (b) of
2-6 this section is not a ground for reversal unless the defendant
2-7 shows that he was harmed by the failure of the judge to provide the
2-8 information. In a felony case, the period of community supervision
2-9 may not exceed 10 years. For a defendant charged with a felony
2-10 under Section 21.11, 22.011, or 22.021, Penal Code, regardless of
2-11 the age of the victim, and for a defendant charged with a felony
2-12 described by Section 13B(b) of this article, the period of
2-13 community supervision may not be less than five years. In a
2-14 misdemeanor case, the period of community supervision may not
2-15 exceed two years. A judge may increase the maximum period of
2-16 community supervision in the manner provided by Section 22(c) or
2-17 22A of this article. The judge may impose a fine applicable to the
2-18 offense and require any reasonable conditions of community
2-19 supervision, including mental health treatment under Section 11(d)
2-20 of this article, that a judge could impose on a defendant placed on
2-21 community supervision for a conviction that was probated and
2-22 suspended, including confinement for a period not to exceed 30
2-23 days. The provisions of Section 15 of this article specifying
2-24 whether a defendant convicted of a state jail felony is to be
2-25 confined in a county jail or state jail felony facility [and
2-26 establishing the minimum and maximum terms of confinement] as a
2-27 condition of community supervision apply in the same manner to a
3-1 defendant placed on community supervision after pleading guilty or
3-2 nolo contendere to a state jail felony, except that the maximum
3-3 term of confinement may not exceed 30 days. However, upon written
3-4 motion of the defendant requesting final adjudication filed within
3-5 30 days after entering such plea and the deferment of adjudication,
3-6 the judge shall proceed to final adjudication as in all other
3-7 cases.
3-8 SECTION 2. (a) The change in law made by this Act applies
3-9 only to a defendant placed on deferred adjudication community
3-10 supervision for an offense committed on or after the effective date
3-11 of this Act. For purposes of this section, an offense is committed
3-12 before the effective date of this Act if any element of the offense
3-13 occurs before the effective date.
3-14 (b) A defendant placed on deferred adjudication community
3-15 supervision for an offense committed before the effective date of
3-16 this Act is covered by the law in effect when the offense was
3-17 committed, and the former law is continued in effect for that
3-18 purpose.
3-19 SECTION 3. This Act takes effect September 1, 2001.