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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of certain hearings related to a grant of |
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deferred adjudication community supervision and to certain related |
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applications for a writ of habeas corpus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 11.07, Code of Criminal Procedure, is |
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amended by adding Section 4A and amending Section 5 to read as |
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follows: |
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Sec. 4A. If an application for a writ of habeas corpus is |
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filed in a cause in which the applicant previously sought review on |
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direct appeal of a determination made under Section 5(b), Article |
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42.12, the Court of Criminal Appeals shall direct that the cause be |
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docketed and heard under Section 5 if review of the cause on direct |
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appeal was denied by the appellate court on the grounds that the |
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court lacked jurisdiction. |
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Sec. 5. Except as provided by Section 4A, the [The] Court of |
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Criminal Appeals may deny relief upon the findings and conclusions |
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of the hearing judge without docketing the cause, or may direct that |
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the cause be docketed and heard as though originally presented to |
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said court or as an appeal. Upon reviewing the record the court |
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shall enter its judgment remanding the applicant to custody or |
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ordering his release, as the law and facts may justify. The mandate |
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of the court shall issue to the court issuing the writ, as in other |
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criminal cases. After conviction the procedure outlined in this |
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Act shall be exclusive and any other proceeding shall be void and of |
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no force and effect in discharging the prisoner. |
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SECTION 2. Subsection (b), Section 5, Article 42.12, Code |
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of Criminal Procedure, is amended to read as follows: |
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(b) On violation of a condition of community supervision |
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imposed under Subsection (a) of this section, the defendant may be |
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arrested and detained as provided in Section 21 of this article. |
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The defendant is entitled to a hearing limited to the determination |
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by the court of whether it proceeds with an adjudication of guilt on |
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the original charge. This determination is reviewable in the same |
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manner as a revocation hearing conducted under Section 21 in a case |
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in which an adjudication of guilt had not been deferred [No appeal
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may be taken from this determination]. After an adjudication of |
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guilt, all proceedings, including assessment of punishment, |
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pronouncement of sentence, granting of community supervision, and |
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defendant's appeal continue as if the adjudication of guilt had not |
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been deferred. A court assessing punishment after an adjudication |
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of guilt of a defendant charged with a state jail felony may suspend |
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the imposition of the sentence and place the defendant on community |
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supervision or may order the sentence to be executed, regardless of |
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whether the defendant has previously been convicted of a felony. |
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SECTION 3. (a) Article 11.07, Code of Criminal Procedure, |
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as amended by this Act, applies only to an application for a writ of |
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habeas corpus that is filed on or after the effective date of this |
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Act. An application for a writ of habeas corpus that is filed |
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before the effective date of this Act is governed by the law in |
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effect at the time the application was filed, and the former law is |
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continued in effect for that purpose. |
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(b) Subsection (b), Section 5, Article 42.12, Code of |
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Criminal Procedure, as amended by this Act, applies to a hearing |
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conducted under that section on or after the effective date of this |
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Act, regardless of when the adjudication of guilt was originally |
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deferred or when the offense giving rise to the grant of deferred |
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adjudication community supervision was committed. |
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SECTION 4. This Act takes effect September 1, 2007. |