By: Hochberg, Carter, Gallego H.B. No. 371
        (Senate Sponsor - Hegar)
         (In the Senate - Received from the House April 6, 2011;
  April 20, 2011, read first time and referred to Committee on
  Criminal Justice; May 21, 2011, reported favorably by the
  following vote:  Yeas 6, Nays 0; May 21, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to prohibiting deferred adjudication community
  supervision for certain defendants convicted of murder.
         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, 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;
               (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; [or]
               (3)  the defendant is charged with an offense under:
                     (A)  Section 21.02, Penal Code; or
                     (B)  Section 22.021, Penal Code, that is
  punishable under Subsection (f) of that section or under Section
  12.42(c)(3), Penal Code; or
               (4)  the defendant is charged with an offense under
  Section 19.02, Penal Code, except that the judge may grant deferred
  adjudication on determining that the defendant did not cause the
  death of the deceased, did not intend to kill the deceased or
  another, and did not anticipate that a human life would be taken.
         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 is continued 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 occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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