| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibiting deferred adjudication community |
|
|
supervision for defendants charged with felony offenses committed |
|
|
against children or elderly or disabled individuals. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 5, Article 42.12, Code of Criminal |
|
|
Procedure, is amended by amending Subsection (d) and adding |
|
|
Subsection (d-1) 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; |
|
|
(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) or (4), 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; or |
|
|
(5) the defendant is charged with an offense |
|
|
punishable as a felony and the judge determines that the victim or |
|
|
intended victim was, at the time of the offense, a child, elderly |
|
|
individual, or disabled individual. |
|
|
(d-1) For purposes of Subsection (d)(5), "child," "elderly |
|
|
individual," and "disabled individual" have the meanings assigned |
|
|
by Section 22.04, Penal Code. |
|
|
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 |
|
|
governed by the law in effect at the time 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, 2013. |