80R7783 PEP-D
 
  By: Frost, Lucio III H.B. No. 2115
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a defendant's eligibility for deferred adjudication of
certain intoxication offenses.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  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 Sections 49.04-49.08 [Section 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 2.  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 remains 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.
       SECTION 3.  This Act takes effect September 1, 2007.