88R529 MCF-F
 
  By: Thompson of Harris, Jones of Harris, H.B. No. 361
      Garcia
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the placement on community supervision, including
  deferred adjudication community supervision, of a defendant who is
  the primary caretaker of a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.1025 to read as
  follows:
         Art. 42A.1025.  DEFERRED ADJUDICATION COMMUNITY SUPERVISION
  FOR DEFENDANT WHO IS PRIMARY CARETAKER OF CHILD. (a) In this
  article, "primary caretaker of a child" means a person, including a
  person who has temporarily relinquished custody of the child as a
  result of pretrial detention, who has assumed or will soon assume
  responsibility for a dependent child younger than 18 years of age by
  providing for the child's needs, including housing, health care,
  financial support, education, family support, or safety.
         (b)  This article applies only to a defendant who is:
               (1)  charged with an offense for which the defendant is
  eligible for deferred adjudication community supervision under
  this subchapter; and
               (2)  the primary caretaker of a child.
         (c)  On written motion of a defendant described by Subsection
  (b), the court shall, after receiving a plea of guilty or nolo
  contendere, hearing the evidence, and finding that the evidence
  substantiates the defendant's guilt, consider the defendant's
  status as the primary caretaker of a child. The motion must include
  evidence of the defendant's primary caretaker status.
         (d)  As soon as practicable after receipt of a motion under
  Subsection (c), the court shall make written findings regarding the
  defendant's primary caretaker status.
         (e)  On a determination by the court that the defendant is
  the primary caretaker of a child, the court may defer further
  proceedings without entering an adjudication of guilt and place the
  defendant on deferred adjudication community supervision in
  accordance with this subchapter.
         (f)  This subsection applies only to a defendant described by
  Subsection (b) who does not make a motion under Subsection (c). If
  in the court's opinion the best interest of society, the defendant,
  and the defendant's child or children will be served, the court may,
  after receiving a plea of guilty or nolo contendere, hearing the
  evidence, and finding that the evidence substantiates the
  defendant's guilt, defer further proceedings without entering an
  adjudication of guilt and place the defendant on deferred
  adjudication community supervision in accordance with this
  subchapter.
         (g)  A court placing a defendant on deferred adjudication
  community supervision under this article may impose conditions of
  deferred adjudication community supervision that emphasize
  parent-child unity and the defendant's rehabilitation in a
  community setting and that provide support to the parent-child
  relationship, such as conditions relating to:
               (1)  alcohol or substance abuse counseling or
  treatment;
               (2)  domestic violence education and prevention;
               (3)  physical or sexual abuse counseling;
               (4)  anger management;
               (5)  vocational, technical, or career education or
  training, including financial literacy;
               (6)  affordable and safe housing assistance;
               (7)  parenting skills;
               (8)  family or individual counseling; or
               (9)  family case management services.
         (h)  Notwithstanding Article 42A.104, a court that places a
  defendant on deferred adjudication community supervision under
  this article may not require as a condition of deferred
  adjudication community supervision that the defendant submit to a
  term of confinement, except that the court may order the defendant
  to submit to a term of confinement if the court proceeds with an
  adjudication of guilt for the offense for which the defendant was
  placed on deferred adjudication community supervision under this
  article.
         SECTION 2.  Article 42A.108(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  On violation of a condition of deferred adjudication
  community supervision imposed under Article 42A.1025 or 42A.104,
  the defendant may be arrested and detained as provided in Article
  42A.751.
         SECTION 3.  Subchapter K, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.518 to read as follows:
         Art. 42A.518.  COMMUNITY SUPERVISION FOR DEFENDANT WHO IS
  PRIMARY CARETAKER OF CHILD. (a) In this article, "primary
  caretaker of a child" has the meaning assigned by Article 42A.1025.
         (b)  This article applies only to a defendant who is:
               (1)  convicted of an offense for which the defendant is
  eligible for community supervision under this chapter; and
               (2)  the primary caretaker of a child.
         (c)  On written motion of a defendant described by Subsection
  (b), the court shall, before imposing a sentence requiring
  confinement, consider the defendant's status as the primary
  caretaker of a child. The motion must include evidence of the
  defendant's primary caretaker status.
         (d)  As soon as practicable after receipt of a motion under
  Subsection (c), the court shall make written findings regarding the
  defendant's primary caretaker status. The court may not impose a
  sentence of confinement, including confinement as a condition of
  community supervision, without first making the written findings
  required by this subsection.
         (e)  On a determination by the court that the defendant is
  the primary caretaker of a child, the court may suspend the
  imposition of the sentence and place the defendant on community
  supervision in accordance with this chapter.
         (f)  This subsection applies only to a defendant described by
  Subsection (b) who does not make a motion under Subsection (c). If
  in the court's opinion the best interest of justice, the public, the
  defendant, and the defendant's child or children will be served,
  the court may suspend the imposition of the sentence and place the
  defendant on community supervision in accordance with this chapter.
         (g)  A court placing a defendant on community supervision
  under this article may impose conditions of community supervision
  that emphasize parent-child unity and the defendant's
  rehabilitation in a community setting and that provide support to
  the parent-child relationship, such as conditions relating to:
               (1)  alcohol or substance abuse counseling or
  treatment;
               (2)  domestic violence education and prevention;
               (3)  physical or sexual abuse counseling;
               (4)  anger management;
               (5)  vocational, technical, or career education or
  training, including financial literacy;
               (6)  affordable and safe housing assistance;
               (7)  parenting skills;
               (8)  family or individual counseling; or
               (9)  family case management services.
         (h)  Notwithstanding any other provision of this chapter, a
  court that places a defendant on community supervision under this
  article may not require as a condition of community supervision
  that the defendant submit to a term of confinement, except that the
  court may order the defendant to submit to a term of confinement
  following a determination that the defendant violated a condition
  of community supervision or if the defendant's community
  supervision is revoked under Article 42A.755.
         SECTION 4.  (a) Article 42A.1025, Code of Criminal
  Procedure, as added by this Act, applies to a defendant who enters a
  plea of guilty or nolo contendere for an offense on or after the
  effective date of this Act, regardless of when the offense was
  committed.
         (b)  Article 42A.518, Code of Criminal Procedure, as added by
  this Act, applies to a defendant sentenced for an offense on or
  after the effective date of this Act, regardless of when the offense
  was committed.
         SECTION 5.  This Act takes effect September 1, 2023.