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Amend SB 909 on third reading by adding the following
appropriately numbered SECTIONS to the bill and renumbering
subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) On conviction of a state jail felony under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision, unless the defendant has previously been convicted of
a felony or unless the conviction resulted from an adjudication of
the guilt of a defendant previously placed on deferred adjudication
community supervision for the offense, in which event the judge may
suspend the imposition of the sentence and place the defendant on
community supervision or may order the sentence to be executed. The
provisions of this subdivision requiring the judge to suspend the
imposition of the sentence and place the defendant on community
supervision do not apply to a defendant who under Section
481.1151(b)(1), Health and Safety Code, possessed more than five
abuse units of the controlled substance or under Section
481.121(b)(3), Health and Safety Code, possessed more than one
pound of marihuana.
SECTION ____. The change in law made by this Act in amending
Section 15(a)(1), Article 42.12, Code of Criminal Procedure,
applies only to a defendant placed on deferred adjudication
community supervision for an offense committed on or after the
effective date of this Act. A defendant placed on deferred
adjudication for 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 was committed
before the effective date of this Act if any element of the offense
was committed before that date.