The bill would amend the Code of Criminal Procedure by making defendants charged with the offense of murder (Section 19.02, Penal Code) ineligible for deferred adjudication community supervision.  The offense of murder is punishable as a felony of the first degree or a felony of the second degree if at the punishment stage of the trial certain conditions are proven. 

A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

The bill would take effect September 1, 2009 and apply only to an offense committed on or after the effective date.  According to data provided by the Criminal Justice Assistance Division of the Texas Department of Criminal Justice, 8 persons in fiscal year 2008 were placed on deferred adjudication community supervision for the offense of murder.  Due to the small number of defendants potentially affected by the bill, it is assumed that the bill would not significantly affect the operations of state or local government.