The bill would amend the Code of Criminal Procedure by making certain 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 confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.

A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.

The bill would take effect September 1, 2011 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, less than 10 persons in fiscal year 2010 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.