Relating to changing the eligibility of certain persons to receive community supervision, including deferred adjudication community supervision.

The text as introduced · 960 words

89R8871 LHC-F

By: Leach
H.B. No. 1762

A BILL TO BE ENTITLED

AN ACT

relating to changing the eligibility of certain persons to receive

community supervision, including deferred adjudication community

supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42A.001, Code of Criminal Procedure, is

amended by adding Subdivision (3-a) to read as follows:

(3-a) "Illegal alien" means an alien who:

(A) entered the United States without inspection

or at any time or any place other than as designated by the United

States attorney general; or

(B) was admitted as a nonimmigrant and, before

the date of the commission of the offense, had failed to maintain

the nonimmigrant status under which the alien was admitted or to

which it was changed under Section 248, Immigration and Nationality

Act (8 U.S.C. Section 1258), or to comply with the conditions of the

alien's status.

SECTION 2. Article 42A.053(c), Code of Criminal Procedure,

is amended to read as follows:

(c) A defendant is not eligible for community supervision

under this article if the defendant [ is sentenced to serve ]:

(1) is sentenced to serve:

(A) a term of imprisonment that exceeds 10 years;

or

(B) [ (2) ] a term of confinement under Section

12.35, Penal Code ; or

(2) is an illegal alien .

SECTION 3. 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,

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;

(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; [ or ]

(8) is convicted of an offense under Section 481.1123,

Health and Safety Code, if the offense is punishable under

Subsection (d), (e), or (f) of that section ; or

(9) is an illegal alien .

SECTION 4. Article 42A.102(b), Code of Criminal Procedure,

is amended to read as follows:

(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, 20A.03, 49.045, 49.05,

49.061, 49.065, 49.07, or 49.08, Penal Code;

(B) under Section 49.04 or 49.06, Penal Code,

and, at the time of the offense:

(i) the defendant held a commercial

driver's license or a commercial learner's permit; or

(ii) the defendant's alcohol concentration,

as defined by Section 49.01, Penal Code, was 0.15 or more;

(C) for which punishment may be increased under

Section 49.09, Penal Code;

(D) 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; or

(E) under Section 481.1123, Health and Safety

Code, that is punishable under Subsection (d), (e), or (f) of that

section;

(2) the defendant:

(A) is charged with an offense under Section

21.11, 22.011, 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 ; or

(5) the defendant is an illegal alien .

SECTION 5. Article 42A.551, Code of Criminal Procedure, is

amended by adding Subsection (h) to read as follows:

(h) Notwithstanding any other provision of this article, a

defendant is not eligible for community supervision under this

subchapter if the defendant is an illegal alien.

SECTION 6. 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 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. This Act takes effect September 1, 2025.