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