By Uresti, Solis, Reyna of Dallas H.B. No. 2010
77R7261 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the availability of deferred adjudication to a
1-3 defendant charged with delivering certain controlled substances or
1-4 marihuana to a minor.
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, 49.07, or
1-12 49.08, Penal Code; [or]
1-13 (B) under Section 481.122, Health and Safety
1-14 Code; or
1-15 (C) for which punishment may be increased under
1-16 Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
1-17 is shown that the defendant has been previously convicted of an
1-18 offense for which punishment was increased under any one of those
1-19 subsections; or
1-20 (2) the defendant:
1-21 (A) is charged with an offense under Section
1-22 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
1-23 victim, or a felony described by Section 13B(b) of this article;
1-24 and
2-1 (B) has previously been placed on community
2-2 supervision for any offense under Paragraph (A) of this
2-3 subdivision.
2-4 SECTION 2. (a) This Act takes effect September 1, 2001.
2-5 (b) The change in law made by this Act applies only to an
2-6 offense committed on or after September 1, 2001.
2-7 (c) An offense committed before September 1, 2001, is
2-8 covered by the law in effect when the offense was committed, and
2-9 the former law is continued in effect for that purpose. For
2-10 purposes of this section, an offense was committed before September
2-11 1, 2001, if any element of the offense was committed before that
2-12 date.