By Uresti                                             H.B. No. 1499
         77R5291 GWK-D                           
                                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.  The provisions of Section 15 of
2-23     this article specifying whether a defendant convicted of a state
2-24     jail felony is to be confined in a county jail or state jail felony
2-25     facility and establishing the minimum and maximum terms of
2-26     confinement as a condition of community supervision apply in the
2-27     same manner to a defendant placed on community supervision after
 3-1     pleading guilty or nolo contendere to a state jail felony].
 3-2     However, upon written motion of the defendant requesting final
 3-3     adjudication filed within 30 days after entering such plea and the
 3-4     deferment of adjudication, the judge shall proceed to final
 3-5     adjudication as in all other cases.
 3-6           SECTION 2. (a)  The change in law made by this Act applies
 3-7     only to a defendant placed on deferred adjudication community
 3-8     supervision for an offense committed on or after the effective date
 3-9     of this Act.  For purposes of this section, an offense is committed
3-10     before the effective date of this Act if any element of the offense
3-11     occurs before the effective date.
3-12           (b)  A defendant placed on deferred adjudication community
3-13     supervision for an offense committed before the effective date of
3-14     this Act is covered by the law in effect when the offense was
3-15     committed, and the former law is continued in effect for that
3-16     purpose.
3-17           SECTION 3. This Act takes effect September 1, 2001.