78R6236 SLO-F
By: Williams S.B. No. 836
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for community supervision for a person
who has been previously committed to the Texas Youth Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4(e), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(e) A defendant is eligible for community supervision under
this section only if before the trial begins the defendant files a
written sworn motion with the judge that the defendant has not
previously been convicted of a felony in this or any other state,
and the jury enters in the verdict a finding that the information in
the defendant's motion is true. For purposes of this subsection, an
adjudication by a juvenile court under Section 54.03, Family Code,
that a child engaged in delinquent conduct constituting a felony
offense for which the child was committed to the Texas Youth
Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code,
or Section 54.05(f), Family Code, is a conviction.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to the
eligibility for community supervision for an offense that is
committed on or after September 1, 2003. The eligibility for
community supervision for an offense that was committed before
September 1, 2003, is covered by the law in effect when the offense
was committed, and the former law is continued in effect for that
purpose. For purposes of this subsection, an offense was committed
before September 1, 2003, if any element of the offense was
committed before that date.