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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting jury-recommended or deferred adjudication |
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community supervision for a defendant convicted of murder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A defendant is not eligible for community supervision |
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under this section if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is sentenced to serve a term of confinement under |
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Section 12.35, Penal Code; |
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(3) does not file a sworn motion under Subsection (e) |
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of this section or for whom the jury does not enter in the verdict a |
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finding that the information contained in the motion is true; [or] |
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(4) is adjudged guilty of an offense for which |
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punishment is increased under Section 481.134(c), (d), (e), or (f), |
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Health and Safety Code, if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any one of those subsections; or |
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(5) is adjudged guilty of an offense under Section |
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19.02, Penal Code. |
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SECTION 2. Section 5(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) In all other cases the judge may grant deferred |
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adjudication unless: |
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(1) the defendant is charged with an offense: |
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(A) under Section 19.02, 49.04, 49.05, 49.06, |
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49.07, or 49.08, Penal Code; or |
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(B) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; or |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
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victim, or a felony described by Section 13B(b) of this article; and |
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(B) has previously been placed on community |
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supervision for any offense under Paragraph (A) of this |
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subdivision. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense is committed before the effective date of |
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this Act if any element of the offense occurs before the effective |
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date. |
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SECTION 4. This Act takes effect September 1, 2007 |
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. |