Bill Text: TX SB1803 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to changing the eligibility of persons charged with certain offenses to receive community supervision, including deferred adjudication community supervision.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-16 - Committee report sent to Calendars [SB1803 Detail]

Download: Texas-2019-SB1803-Comm_Sub.html
  86R32064 LHC-D
 
  By: Huffman S.B. No. 1803
 
  (Zedler, Hernandez, Collier, González of Dallas,
 
  Bell of Kaufman) 
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to changing the eligibility of persons charged with
  certain offenses to receive community supervision, including
  deferred adjudication community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.054, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (e) to
  read as follows:
         (a)  Article 42A.053 does not apply to a defendant adjudged
  guilty of an offense under:
               (1)  Section 15.03, Penal Code, if the offense is
  punishable as a felony of the first degree;
               (2)  Section 19.02, Penal Code (Murder);
               (3)  Section 19.03, Penal Code (Capital Murder);
               (4)  Section 20.04, Penal Code (Aggravated
  Kidnapping);
               (5)  Section 20A.02, Penal Code (Trafficking of
  Persons);
               (6)  Section 20A.03, Penal Code (Continuous
  Trafficking of Persons);
               (7)  Section 21.11 [21.11(a)(1)], Penal Code
  (Indecency with a Child);
               (8) [(7)]  Section 22.011, Penal Code (Sexual
  Assault);
               (9) [(8)]  Section 22.021, Penal Code (Aggravated
  Sexual Assault);
               (10) [(9)]  Section 22.04(a)(1), Penal Code (Injury to
  a Child, Elderly Individual, or Disabled Individual), if:
                     (A)  the offense is punishable as a felony of the
  first degree; and
                     (B)  the victim of the offense is a child;
               (11) [(10)]  Section 29.03, Penal Code (Aggravated
  Robbery);
               (12) [(11)]  Section 30.02, Penal Code (Burglary), if:
                     (A)  the offense is punishable under Subsection
  (d) of that section; and
                     (B)  the actor committed the offense with the
  intent to commit a felony under Section 21.02, 21.11, 22.011,
  22.021, or 25.02, Penal Code;
               (13)  Section 43.04, Penal Code (Aggravated Promotion
  of Prostitution);
               (14) [(12)]  Section 43.05, Penal Code (Compelling
  Prostitution);
               (15) [(13)]  Section 43.25, Penal Code (Sexual
  Performance by a Child); or
               (16) [(14)]  Chapter 481, Health and Safety Code, for
  which punishment is increased under:
                     (A)  Section 481.140 of that code (Use of Child in
  Commission of Offense); or
                     (B)  Section 481.134(c), (d), (e), or (f) of that
  code (Drug-free Zones) if it is shown that the defendant has been
  previously convicted of an offense for which punishment was
  increased under any of those subsections.
         (e)  Notwithstanding Subsection (a), with respect to an
  offense committed by a defendant under Section 43.04 or 43.05,
  Penal Code, a judge may place the defendant on community
  supervision as permitted by Article 42A.053 if the judge makes a
  finding that the defendant committed the offense solely as a victim
  of an offense under Section 20A.02, 20A.03, 43.03, 43.04, or 43.05,
  Penal Code.
         SECTION 2.  Article 42A.056, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
  SUPERVISION.  A defendant is not eligible for community supervision
  under Article 42A.055 if the defendant:
               (1)  is sentenced to a term of imprisonment that
  exceeds 10 years;
               (2)  is convicted of a state jail felony for which
  suspension of the imposition of the sentence occurs automatically
  under Article 42A.551;
               (3)  is adjudged guilty of an offense under Section
  19.02, Penal Code;
               (4)  is convicted of an offense under Section 21.11
  [21.11(a)(1)], 22.011, or 22.021, Penal Code, if the victim of the
  offense was younger than 14 years of age at the time the offense was
  committed;
               (5)  is convicted of an offense under Section 20.04,
  Penal Code, if:
                     (A)  the victim of the offense was younger than 14
  years of age at the time the offense was committed; and
                     (B)  the actor committed the offense with the
  intent to violate or abuse the victim sexually;
               (6)  is convicted of an offense under Section 20A.02,
  20A.03, 43.04, 43.05, or 43.25, Penal Code; or
               (7)  is convicted of an offense for which punishment is
  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 of those subsections.
         SECTION 3.  Article 42A.102, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42A.102.  ELIGIBILITY FOR DEFERRED ADJUDICATION
  COMMUNITY SUPERVISION.  (a)  Subject to Subsection (b), a [A] judge
  may place on deferred adjudication community supervision a
  defendant charged with an offense under Section 21.11, 22.011, or
  22.021, Penal Code, regardless of the age of the victim, or a
  defendant charged with a felony described by Article 42A.453(b)
  only if the judge makes a finding in open court that placing the
  defendant on deferred adjudication community supervision is in the
  best interest of the victim.  The failure of the judge to make a
  finding under this subsection is not grounds for the defendant to
  set aside the plea, deferred adjudication, or any subsequent
  conviction or sentence.
         (b)  In all other cases, the judge may grant deferred
  adjudication community supervision unless:
               (1)  the defendant is charged with an offense:
                     (A)  under Section 20A.02 or 20A.03 or 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, 43.04, or 43.05, Penal Code, regardless
  of the age of the victim, or a felony described by Article
  42A.453(b), other than a felony described by Subdivision (1)(A) or
  (3)(B) of this subsection; and
                     (B)  has previously been placed on community
  supervision for an offense under Paragraph (A);
               (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 community supervision 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.
         SECTION 4.  Section 773.0614(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A certificate holder's certificate shall be revoked if
  the certificate holder has been convicted of or placed on deferred
  adjudication community supervision or deferred disposition for:
               (1)  an offense listed in Article 42A.054(a)(2), (3),
  (4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of
  Criminal Procedure; or
               (2)  an offense, other than an offense described by
  Subdivision (1), committed on or after September 1, 2009, for which
  the person is subject to registration under Chapter 62, Code of
  Criminal Procedure.
         SECTION 5.  Section 773.06141(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department may suspend, revoke, or deny an emergency
  medical services provider license on the grounds that the
  provider's administrator of record, employee, or other
  representative:
               (1)  has been convicted of, or placed on deferred
  adjudication community supervision or deferred disposition for, an
  offense that directly relates to the duties and responsibilities of
  the administrator, employee, or representative, other than an
  offense for which points are assigned under Section 708.052,
  Transportation Code;
               (2)  has been convicted of or placed on deferred
  adjudication community supervision or deferred disposition for an
  offense, including:
                     (A)  an offense listed in Article 42A.054(a)(2),
  (3), (4), [(6),] (7), (8), (9), (11) [(10)], or (16) [(14)], Code of
  Criminal Procedure; or
                     (B)  an offense, other than an offense described
  by Subdivision (1), for which the person is subject to registration
  under Chapter 62, Code of Criminal Procedure; or
               (3)  has been convicted of Medicare or Medicaid fraud,
  has been excluded from participation in the state Medicaid program,
  or has a hold on payment for reimbursement under the state Medicaid
  program under Subchapter C, Chapter 531, Government Code.
         SECTION 6.  The changes in law made by this Act apply 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 on the date 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 7.  The Texas Department of Criminal Justice is
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose.  If
  the legislature does not appropriate money specifically for that
  purpose, the department may, but is not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
         SECTION 8.  This Act takes effect September 1, 2019.
feedback