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A BILL TO BE ENTITLED
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AN ACT
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relating to the sentencing hearing or deferred adjudication hearing |
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and conditions of community supervision for defendants convicted of |
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certain offenses involving controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.025 to read as follows: |
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Art. 42.025. SENTENCING HEARING AT SECONDARY SCHOOL. (a) A |
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judge may order the sentencing hearing of a defendant convicted of |
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an offense involving possession, manufacture, or delivery of a |
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controlled substance under Chapter 481, Health and Safety Code, to |
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be held at a secondary school if: |
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(1) the judge determines that the sentencing hearing |
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would have educational value to students due to the nature of the |
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offense and its consequences; |
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(2) the defendant agrees; |
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(3) the school administration agrees, if the secondary |
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school is private; and |
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(4) appropriate measures are taken to ensure: |
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(A) the safety of the students; and |
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(B) a fair hearing for the defendant that |
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complies with all applicable laws and rules. |
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(b) A judge may, at a secondary school, receive a plea of |
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guilty or nolo contendere from a defendant charged with an offense |
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described by Subsection (a) and place the defendant on deferred |
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adjudication under Section 5, Article 42.12, if: |
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(1) the judge makes the determination that the |
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proceeding would have educational value, as provided by Subsection |
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(a)(1); |
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(2) the defendant and the school, if the secondary |
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school is private, agree to the location of the proceeding, as |
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provided by Subsections (a)(2) and (3); and |
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(3) appropriate measures are taken in regard to the |
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safety of students and the rights of the defendant, as described by |
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Subsection (a)(4). |
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(c) Each court that hears criminal cases in this state must |
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hold a sentencing hearing or deferred adjudication proceeding at a |
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secondary school under Subsection (a) or (b), as appropriate, at |
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least 12 times in each calendar year, unless: |
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(1) the court is not assigned a sufficient number of |
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appropriate cases involving possession, manufacture, or delivery |
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of a controlled substance; or |
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(2) fewer than 12 defendants agree to a sentencing |
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hearing or deferred adjudication proceeding at a secondary school |
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under Subsection (a) or (b), as appropriate. |
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SECTION 2. Section 16, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (g) to read as follows: |
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(g) If the judge orders a defendant placed on community |
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supervision for an offense involving possession, manufacture, or |
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delivery of a controlled substance under Chapter 481, Health and |
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Safety Code, to perform community service, the judge may authorize |
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the defendant to perform not more than 30 hours of community |
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outreach under this subsection in lieu of hours of community |
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service. Community outreach under this subsection consists of |
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working in conjunction with a secondary school at the direction of |
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the judge to educate students on the dangers and legal consequences |
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of possessing, manufacturing, or delivering controlled substances. |
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A private secondary school is not required to allow a defendant to |
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perform community outreach at that school. The judge may not |
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authorize the defendant to perform hours of community outreach |
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under this subsection in lieu of hours of community service if: |
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(1) the defendant is physically or mentally incapable |
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of participating in community outreach; or |
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(2) the defendant is subject to registration as a sex |
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offender under Chapter 62. |
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SECTION 3. The change in law made by this Act applies to a |
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defendant who is charged with an offense involving possession, |
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manufacture, or delivery of a controlled substance under Chapter |
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481, Health and Safety Code, and is sentenced or enters a plea of |
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guilty or nolo contendere under Section 5, Article 42.12, Code of |
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Criminal Procedure, on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |