82R9606 JSC-D
 
  By: Raymond, Gallego, Christian H.B. No. 1113
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sentencing hearing or deferred adjudication hearing
  and conditions of community supervision for defendants convicted of
  certain offenses involving controlled substances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.025 to read as follows:
         Art. 42.025.  SENTENCING HEARING AT SECONDARY SCHOOL. (a) A
  judge may order the sentencing hearing of a defendant convicted of
  an offense involving possession, manufacture, or delivery of a
  controlled substance under Chapter 481, Health and Safety Code, to
  be held at a secondary school if:
               (1)  the judge determines that the sentencing hearing
  would have educational value to students due to the nature of the
  offense and its consequences;
               (2)  the defendant agrees;
               (3)  the school administration agrees; and
               (4)  appropriate measures are taken to ensure:
                     (A)  the safety of the students; and
                     (B)  a fair hearing for the defendant that
  complies with all applicable laws and rules.
         (b)  A judge may, at a secondary school, receive a plea of
  guilty or nolo contendere from a defendant charged with an offense
  described by Subsection (a) and place the defendant on deferred
  adjudication under Section 5, Article 42.12, if:
               (1)  the judge makes the determination that the
  proceeding would have educational value, as provided by Subsection
  (a)(1);
               (2)  the defendant and the school agree to the location
  of the proceeding, as provided by Subsections (a)(2) and (3); and
               (3)  appropriate measures are taken in regard to the
  safety of students and the rights of the defendant, as described by
  Subsection (a)(4).
         SECTION 2.  Section 16, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsection (g) to read as follows:
         (g)  If the judge orders a defendant placed on community
  supervision for an offense involving possession, manufacture, or
  delivery of a controlled substance under Chapter 481, Health and
  Safety Code, to perform community service, the judge may authorize
  the defendant to perform not more than 30 hours of community
  outreach under this subsection in lieu of hours of community
  service. Community outreach under this subsection consists of
  working in conjunction with a secondary school at the direction of
  the judge to educate students on the dangers and legal consequences
  of possessing, manufacturing, or delivering controlled substances.
  A secondary school is not required to allow a defendant to perform
  community outreach at that school. The judge may not authorize the
  defendant to perform hours of community outreach under this
  subsection in lieu of hours of community service if:
               (1)  the defendant is physically or mentally incapable
  of participating in community outreach; or
               (2)  the defendant is subject to registration as a sex
  offender under Chapter 62.
         SECTION 3.  The change in law made by this Act applies to a
  defendant charged with an offense involving possession,
  manufacture, or delivery of a controlled substance under Chapter
  481, Health and Safety Code, who is sentenced or enters a plea of
  guilty or nolo contendere under Section 5, Article 42.12, Code of
  Criminal Procedure, on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2011.