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A BILL TO BE ENTITLED
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AN ACT
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relating to changing the eligibility of persons charged with |
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certain offenses to receive community supervision, including |
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deferred adjudication community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.054(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Article 42A.053 does not apply to a defendant adjudged |
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guilty of an offense under: |
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(1) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(2) Section 19.02, Penal Code (Murder); |
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(3) Section 19.03, Penal Code (Capital Murder); |
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(4) Section 20.04, Penal Code (Aggravated |
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Kidnapping); |
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(5) Section 20A.02, Penal Code (Trafficking of |
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Persons); |
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(6) Section 20A.03, Penal Code (Continuous |
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Trafficking of Persons); |
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(7) Section 21.11 [21.11(a)(1)], Penal Code |
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(Indecency with a Child); |
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(8) [(7)] Section 22.011, Penal Code (Sexual |
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Assault); |
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(9) [(8)] Section 22.021, Penal Code (Aggravated |
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Sexual Assault); |
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(10) [(9)] Section 22.04(a)(1), Penal Code (Injury to |
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a Child, Elderly Individual, or Disabled Individual), if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child; |
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(11) [(10)] Section 29.03, Penal Code (Aggravated |
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Robbery); |
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(12) [(11)] Section 30.02, Penal Code (Burglary), if: |
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(A) the offense is punishable under Subsection |
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(d) of that section; and |
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(B) the actor committed the offense with the |
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intent to commit a felony under Section 21.02, 21.11, 22.011, |
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22.021, or 25.02, Penal Code; |
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(13) Section 43.04, Penal Code (Aggravated Promotion |
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of Prostitution); |
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(14) [(12)] Section 43.05, Penal Code (Compelling |
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Prostitution); |
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(15) [(13)] Section 43.25, Penal Code (Sexual |
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Performance by a Child); or |
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(16) [(14)] Chapter 481, Health and Safety Code, for |
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which punishment is increased under: |
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(A) Section 481.140 of that code (Use of Child in |
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Commission of Offense); or |
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(B) Section 481.134(c), (d), (e), or (f) of that |
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code (Drug-free Zones) if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections. |
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SECTION 2. Article 42A.056, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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SUPERVISION. A defendant is not eligible for community supervision |
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under Article 42A.055 if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Article 42A.551; |
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(3) is adjudged guilty of an offense under Section |
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19.02, Penal Code; |
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(4) is convicted of an offense under Section 21.11 |
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[21.11(a)(1)], 22.011, or 22.021, Penal Code[, if the victim of the
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offense was younger than 14 years of age at the time the offense was
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committed]; |
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(5) is convicted of an offense under Section 20.04, |
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Penal Code, if: |
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(A) the victim of the offense was younger than 14 |
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years of age at the time the offense was committed; and |
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(B) the actor committed the offense with the |
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intent to violate or abuse the victim sexually; |
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(6) is convicted of an offense under Section 20A.02, |
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20A.03, 43.04, 43.05, or 43.25, Penal Code; or |
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(7) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any of those subsections. |
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SECTION 3. Article 42A.102, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION |
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COMMUNITY SUPERVISION. (a) A judge may place on deferred |
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adjudication community supervision a defendant charged with an |
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offense under Section 21.11 or [,] 22.011, [or 22.021,] Penal Code, |
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regardless of the age of the victim, or a defendant charged with a |
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felony described by Article 42A.453(b), other than a felony |
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described by Subsection (b)(1)(A) of this article, only if the |
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judge makes a finding in open court that placing the defendant on |
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deferred adjudication community supervision is in the best interest |
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of the victim. The failure of the judge to make a finding under this |
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subsection is not grounds for the defendant to set aside the plea, |
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deferred adjudication, or any subsequent conviction or sentence. |
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(b) In all other cases, the judge may grant deferred |
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adjudication community supervision unless: |
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(1) the defendant is charged with an offense: |
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(A) under Section 20A.02, 20A.03, 21.02, 22.021, |
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43.04, 43.05, or 43.25 or Sections 49.04-49.08, Penal Code; or |
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(B) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11 or [,] 22.011, [or 22.021,] Penal Code, regardless of the age |
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of the victim, or a felony described by Article 42A.453(b), other |
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than a felony described by Subdivision (1)(A) of this subsection; |
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and |
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(B) has previously been placed on community |
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supervision for an offense under Paragraph (A); or |
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(3) [the defendant is charged with an offense under:
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[(A) Section 21.02, Penal Code; or
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[(B)
Section 22.021, Penal Code, that is
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punishable under Subsection (f) of that section or under Section
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12.42(c)(3) or (4), Penal Code; or
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[(4)] the defendant is charged with an offense under |
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Section 19.02, Penal Code, except that the judge may grant deferred |
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adjudication community supervision on determining that the |
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defendant did not cause the death of the deceased, did not intend to |
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kill the deceased or another, and did not anticipate that a human |
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life would be taken. |
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SECTION 4. Section 773.0614(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A certificate holder's certificate shall be revoked if |
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the certificate holder has been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for: |
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(1) an offense listed in Article 42A.054(a)(2), (3), |
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(4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of |
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Criminal Procedure; or |
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(2) an offense, other than an offense described by |
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Subdivision (1), committed on or after September 1, 2009, for which |
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the person is subject to registration under Chapter 62, Code of |
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Criminal Procedure. |
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SECTION 5. Section 773.06141(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may suspend, revoke, or deny an emergency |
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medical services provider license on the grounds that the |
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provider's administrator of record, employee, or other |
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representative: |
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(1) has been convicted of, or placed on deferred |
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adjudication community supervision or deferred disposition for, an |
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offense that directly relates to the duties and responsibilities of |
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the administrator, employee, or representative, other than an |
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offense for which points are assigned under Section 708.052, |
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Transportation Code; |
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(2) has been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for an |
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offense, including: |
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(A) an offense listed in Article 42A.054(a)(2), |
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(3), (4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of |
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Criminal Procedure; or |
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(B) an offense, other than an offense described |
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by Subdivision (1), for which the person is subject to registration |
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under Chapter 62, Code of Criminal Procedure; or |
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(3) has been convicted of Medicare or Medicaid fraud, |
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has been excluded from participation in the state Medicaid program, |
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or has a hold on payment for reimbursement under the state Medicaid |
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program under Subchapter C, Chapter 531, Government Code. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2019. |