Amend CSHB 2193 as follows:
(1) Strike page 1, line 24, through page 2, line 8 and substitute the following:
(b) In [Except as provided by Subsection (f), in] a felony
case the minimum period of community supervision is the same as the
minimum term of imprisonment applicable to the offense and the
maximum period of community supervision is, subject to the
extensions provided by Section 22:
(1) 10 years, for a felony listed in Section 3g, a
felony for which on conviction registration as a sex offender is
required by Chapter 62, or any other first degree felony; and
(2) 5 years, for any other second or third degree
felony.
(2) On page 2, between lines 26 and 27, insert the
following:
(f) This section applies to offenses listed in Section 3g
only to the extent that Subsection (b) establishes minimum and
maximum periods of community supervision for those offenses.
(3) Strike page 3, line 27, through page 6, line 2, and
substitute the following:
(a) Except as provided by Subsection (d) of this section,
when in the judge's opinion the best interest of society and the
defendant will be served, the judge may, after receiving a plea of
guilty or plea of nolo contendere, hearing the evidence, and
finding that it substantiates the defendant's guilt, defer further
proceedings without entering an adjudication of guilt, and place
the defendant on community supervision. A judge may place on
community supervision under this section a defendant charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Section 13B(b) of this article, only if the
judge makes a finding in open court that placing the defendant on
community supervision is in the best interest of the victim. The
failure of the judge to find that deferred adjudication is in the
best interest of the victim is not grounds for the defendant to set
aside the plea, deferred adjudication, or any subsequent conviction
or sentence. After placing the defendant on community supervision
under this section, the judge shall inform the defendant orally or
in writing of the possible consequences under Subsection (b) of
this section of a violation of community supervision. If the
information is provided orally, the judge must record and maintain
the judge's statement to the defendant. The failure of a judge to
inform a defendant of possible consequences under Subsection (b) of
this section is not a ground for reversal unless the defendant shows
that he was harmed by the failure of the judge to provide the
information. The minimum and maximum terms of a period of community
supervision under this section are the same terms provided under
Section 3(b), subject to the extensions provided by Section 22. [In
a felony case, the period of community supervision may not exceed 10
years. For a defendant charged with a felony under Section 21.11,
22.011, or 22.021, Penal Code, regardless of the age of the victim,
and for a defendant charged with a felony described by Section
13B(b) of this article, the period of community supervision may not
be less than five years.] In a misdemeanor case, the period of
community supervision may not exceed two years, subject to the
extensions provided by Section 22. [A judge may increase the
maximum period of community supervision in the manner provided by
Section 22(c) or 22A of this article.] The judge may impose a fine
applicable to the offense and require any reasonable conditions of
community supervision, including mental health treatment under
Section 11(d) of this article, that a judge could impose on a
defendant placed on community supervision for a conviction that was
probated and suspended, including confinement. The provisions of
Section 15 of this article specifying whether a defendant convicted
of a state jail felony is to be confined in a county jail or state
jail felony facility and establishing the minimum and maximum terms
of confinement as a condition of community supervision apply in the
same manner to a defendant placed on community supervision after
pleading guilty or nolo contendere to a state jail felony. However,
upon written motion of the defendant requesting final adjudication
filed within 30 days after entering such plea and the deferment of
adjudication, the judge shall proceed to final adjudication as in
all other cases.
(4) Strike SECTION 6 of the bill (page 6, line 21, through
page 7, line 6), and renumber subsequent SECTIONS of the bill
accordingly.
(5) On page 7, line 9, strike "shall [may]" and substitute
"may".
(6) On page 7, line 15, between "facility" and the period,
insert ", but only if the defendant successfully completes the
court-ordered residential program after sentencing".
(7) On page 8, strike lines 1 and 2 and substitute the
following:
"community service project if [, unless] the judge determines
and notes on the order placing the defendant on community
supervision".
(8) On page 8, line 24, after the period, insert the
following:
Before conducting the review, the judge shall notify the
attorney representing the state and the defendant.
(9) Strike page 10, line 16, through page 11, line 10, and
substitute the following:
(c) The judge may extend a period of community supervision
on a showing of good cause under this section as often as the judge
determines is necessary, but the period of community supervision in
a first, second, or third degree felony case may not exceed 10 years
and, except as otherwise provided by this subsection, the period of
community supervision in a misdemeanor case may not exceed three
years. The judge may extend the period of community supervision in
a misdemeanor case for any period the judge determines is
necessary, not to exceed an additional two years beyond the
three-year limit, if the defendant fails to pay a previously
assessed fine, costs, or restitution and the judge determines that
extending the period of supervision increases the likelihood that
the defendant will fully pay the fine, costs, or restitution. A
court may extend a period of community supervision under this
section at any time during the period of supervision or, if a motion
for revocation of community supervision is filed before the period
of supervision ends, before the first anniversary of the date on
which the period of supervision expires.
(10) On page 11, line 16, strike "shall" and substitute
"may".
(11) On page 11, line 19, between "facility" and the period,
insert ", but only if the defendant successfully completes the
court-ordered residential program after sentencing".
(12) On page 15, strike lines 3 and 4 and substitute the
following:
"the court shall enter an order of nondisclosure under
Section 411.081, Government Code, as if the defendant had received
a discharge and dismissal under Section 5(c), Article 42.12, Code
of Criminal Procedure, with respect to all records and files".
(13) On page 33, strike lines 7-10 and substitute the
following:
SECTION 31. (a) Except as otherwise provided by this
subsection, the change in law made by this Act applies to a person
who is on community supervision on or after the effective date of
this Act, regardless of when the person was initially placed on
community supervision. The change in law made by this Act changing
the maximum period of community supervision applies only to a
defendant initially placed on community supervision on or after the
effective date of this Act.