79R1410 KCR-D

By:  Hochberg                                                     H.B. No. 351



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting jury-recommended or deferred adjudication 
community supervision for a defendant convicted of murder.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 4(d), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(d)  A defendant is not eligible for community supervision 
under this section if the defendant:
		(1)  is sentenced to a term of imprisonment that 
exceeds 10 years;          
		(2)  is sentenced to serve a term of confinement under 
Section 12.35, Penal Code;
		(3)  does not file a sworn motion under Subsection (e) 
of this section or for whom the jury does not enter in the verdict a 
finding that  the  information  contained  in the motion is true; 
[or]
		(4)  is adjudged guilty of an offense for which 
punishment is increased under Section 481.134(c), (d), (e), or (f), 
Health and Safety Code, if it is shown that the defendant has been 
previously convicted of an offense for which punishment was 
increased under any one of those subsections; or
		(5)  is adjudged guilty of an offense under Section 
19.02, Penal Code.
	SECTION 2.  Section 5(d), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(d)  In all other cases the judge may grant deferred 
adjudication unless:    
		(1)  the defendant is charged with an offense:                                
			(A)  under Section 19.02, 49.04, 49.05, 49.06,  
49.07, or 49.08, Penal Code; or
			(B)  for which punishment may be increased under  
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it 
is shown that the defendant has been previously convicted of an 
offense for which punishment was increased under any one of those 
subsections;  or
		(2)  the defendant:                                                           
			(A)  is charged with an offense under Section 
21.11,  22.011, or 22.021, Penal Code, regardless of the age of the 
victim, or a felony described by Section 13B(b) of this article;  
and
			(B)  has previously been placed on community 
supervision for any offense under Paragraph (A) of this 
subdivision.
	SECTION 3.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act 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 section, an offense is committed before the effective date of 
this Act if any element of the offense occurs before the effective 
date.
	SECTION 4.  This Act takes effect September 1, 2005.