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A BILL TO BE ENTITLED
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AN ACT
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relating to certain determinations made by a judge before granting |
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deferred adjudication in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Except as provided by Subsection (d) of this section, on |
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a motion made by the defendant before entering a plea of guilty or |
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nolo contendere, the judge shall conduct a hearing to determine |
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whether [when in the judge's opinion] the best interest of society |
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and the defendant will be served[,] by deferring further |
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proceedings without entering an adjudication of guilt and placing |
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the defendant on community supervision [the judge may, after
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receiving a plea of guilty or plea of nolo contendere, hearing the
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evidence, and finding that it substantiates the defendant's guilt,
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defer further proceedings without entering an adjudication of
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guilt, and place the defendant on community supervision]. A judge |
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may place on community supervision under this section a defendant |
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charged with an offense under Section 21.11, 22.011, or 22.021, |
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Penal Code, regardless of the age of the victim, or a defendant |
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charged with a felony described by Section 13B(b) of this article, |
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only if the judge makes a finding in open court that placing the |
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defendant on community supervision is in the best interest of the |
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victim. [The failure of the judge to find that deferred
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adjudication is in the best interest of the victim is not grounds
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for the defendant to set aside the plea, deferred adjudication, or
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any subsequent conviction or sentence.] After placing the |
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defendant on community supervision under this section, the judge |
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shall inform the defendant orally or in writing of the possible |
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consequences under Subsection (b) of this section of a violation of |
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community supervision. If the information is provided orally, the |
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judge must record and maintain the judge's statement to the |
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defendant. The failure of a judge to inform a defendant of possible |
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consequences under Subsection (b) of this section is not a ground |
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for reversal unless the defendant shows that he was harmed by the |
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failure of the judge to provide the information. In a felony case, |
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the period of community supervision may not exceed 10 years. For a |
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defendant charged with a felony under Section 21.11, 22.011, or |
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22.021, Penal Code, regardless of the age of the victim, and for a |
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defendant charged with a felony described by Section 13B(b) of this |
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article, the period of community supervision may not be less than |
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five years. In a misdemeanor case, the period of community |
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supervision may not exceed two years. A judge may increase the |
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maximum period of community supervision in the manner provided by |
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Section 22(c) or 22A of this article. The judge may impose a fine |
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applicable to the offense and require any reasonable conditions of |
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community supervision, including mental health treatment under |
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Section 11(d) of this article, that a judge could impose on a |
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defendant placed on community supervision for a conviction that was |
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probated and suspended, including confinement. The provisions of |
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Section 15 of this article specifying whether a defendant convicted |
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of a state jail felony is to be confined in a county jail or state |
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jail felony facility and establishing the minimum and maximum terms |
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of confinement as a condition of community supervision apply in the |
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same manner to a defendant placed on community supervision after |
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pleading guilty or nolo contendere to a state jail felony. However, |
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upon written motion of the defendant requesting final adjudication |
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filed within 30 days after entering such plea and the deferment of |
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adjudication, the judge shall proceed to final adjudication as in |
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all other cases. |
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SECTION 2. 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 immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |