By Uresti                                             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.
 1-6           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.