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Amend Amendment No. 4 by Haggerty to SB 909 by adding the
following appropriately numbered item to the amendment and
renumbering subsequent items of the amendment accordingly:
(____) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 11.07, Code of Criminal Procedure, is
amended by adding Section 4A and amending Section 5 to read as
follows:
SECTION ____. Subsection (b), Section 5, Article 42.12,
Code of Criminal Procedure, is amended to read as follows:
(b) On violation of a condition of community supervision
imposed under Subsection (a) of this section, the defendant may be
arrested and detained as provided in Section 21 of this article.
The defendant is entitled to a hearing limited to the determination
by the court of whether it proceeds with an adjudication of guilt on
the original charge. This determination is reviewable in the same
manner as a revocation hearing conducted under Section 21 in a case
in which an adjudication of guilt had not been deferred [No appeal
may be taken from this determination]. After an adjudication of
guilt, all proceedings, including assessment of punishment,
pronouncement of sentence, granting of community supervision, and
defendant's appeal continue as if the adjudication of guilt had not
been deferred. A court assessing punishment after an adjudication
of guilt of a defendant charged with a state jail felony may suspend
the imposition of the sentence and place the defendant on community
supervision or may order the sentence to be executed, regardless of
whether the defendant has previously been convicted of a felony.
SECTION ____. Subsection (b), Section 5, Article 42.12, Code
of Criminal Procedure, as amended by this Act, applies to a hearing
conducted under that section on or after the effective date of this
Act, regardless of when the adjudication of guilt was originally
deferred or when the offense giving rise to the grant of deferred
adjudication community supervision was committed.