| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to granting certain persons convicted of a felony deferred |
|
|
adjudication community supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 6, Article 42.12, Code of Criminal |
|
|
Procedure, is amended by adding Subsections (d) and (e) to read as |
|
|
follows: |
|
|
(d) Subsection (e) applies only to a defendant who is |
|
|
otherwise described by this section, who is serving a sentence for |
|
|
an offense listed in Section 3g(a)(1) or for which an affirmative |
|
|
finding was entered under Section 3g(a)(2), and who would have been |
|
|
eligible for deferred adjudication for community supervision under |
|
|
Section 5 for the offense of which the defendant was convicted. |
|
|
(e) During the period of continuing jurisdiction provided |
|
|
by this section, on the judge's own motion, on the motion of the |
|
|
attorney who represented the state in the trial of the offense for |
|
|
which a defendant described by Subsection (d) was convicted, or on |
|
|
the written motion of a defendant described by Subsection (d), the |
|
|
judge of the court that imposed the sentence on the defendant may |
|
|
allow the defendant to withdraw the defendant's plea, if necessary, |
|
|
and may place the defendant on deferred adjudication community |
|
|
supervision under Section 5 in the same manner as, and under the |
|
|
same circumstance as, the judge is authorized to place other |
|
|
defendants on community supervision under Section 5. |
|
|
SECTION 2. Section 8, Article 42.12, Code of Criminal |
|
|
Procedure, is amended by adding Subsections (d) and (e) to read as |
|
|
follows: |
|
|
(d) Subsection (e) applies only to a defendant who is |
|
|
otherwise described by this section, who is serving a sentence for |
|
|
an offense listed in Section 3g(a)(1) or for which an affirmative |
|
|
finding was entered under Section 3g(a)(2), and who would have been |
|
|
eligible for deferred adjudication for community supervision under |
|
|
Section 5 for the offense of which the defendant was convicted. |
|
|
(e) After the expiration of 75 days but before the |
|
|
expiration of 180 days from the date on which the convicted person |
|
|
is received into custody by the department, the judge of the court |
|
|
that imposed the sentence on the defendant may allow the defendant |
|
|
to withdraw the defendant's plea, if necessary, and may place the |
|
|
defendant on deferred adjudication community supervision under |
|
|
Section 5 in the same manner as, and under the same circumstance as, |
|
|
the judge is authorized to place other defendants on community |
|
|
supervision under Section 5. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a defendant initially placed on community supervision on or |
|
|
after the effective date of this Act. A defendant initially placed |
|
|
on community supervision before the effective date of this Act is |
|
|
governed by the law in effect immediately before the effective date |
|
|
of this Act, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |