judges weigh child caretaker status before sentencing

The text as introduced · 1,164 words

89R696 MCF-F

By: Thompson
H.B. No. 624

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, 2025.