Bill Text: TX HB1113 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the sentencing hearing or deferred adjudication hearing and conditions of community supervision for defendants convicted of certain offenses involving controlled substances.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1113 Detail]
Download: Texas-2011-HB1113-Introduced.html
Bill Title: Relating to the sentencing hearing or deferred adjudication hearing and conditions of community supervision for defendants convicted of certain offenses involving controlled substances.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1113 Detail]
Download: Texas-2011-HB1113-Introduced.html
82R7059 JSC-D | ||
By: Raymond | H.B. No. 1113 |
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relating to the sentencing hearing or deferred adjudication hearing | ||
and conditions of community supervision for defendants convicted of | ||
certain offenses involving controlled substances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.025 to read as follows: | ||
Art. 42.025. SENTENCING HEARING AT SECONDARY SCHOOL. (a) A | ||
judge may order the sentencing hearing of a defendant convicted of | ||
an offense involving possession, manufacture, or delivery of a | ||
controlled substance under Chapter 481, Health and Safety Code, to | ||
be held at a secondary school if: | ||
(1) the judge determines that the sentencing hearing | ||
would have educational value to students due to the nature of the | ||
offense and its consequences; | ||
(2) the defendant agrees; | ||
(3) the school administration agrees, if the secondary | ||
school is private; and | ||
(4) appropriate measures are taken to ensure: | ||
(A) the safety of the students; and | ||
(B) a fair hearing for the defendant that | ||
complies with all applicable laws and rules. | ||
(b) A judge may, at a secondary school, receive a plea of | ||
guilty or nolo contendere from a defendant charged with an offense | ||
described by Subsection (a) and place the defendant on deferred | ||
adjudication under Section 5, Article 42.12, if: | ||
(1) the judge makes the determination that the | ||
proceeding would have educational value, as provided by Subsection | ||
(a)(1); | ||
(2) the defendant and the school, if the secondary | ||
school is private, agree to the location of the proceeding, as | ||
provided by Subsections (a)(2) and (3); and | ||
(3) appropriate measures are taken in regard to the | ||
safety of students and the rights of the defendant, as described by | ||
Subsection (a)(4). | ||
(c) Each court that hears criminal cases in this state must | ||
hold a sentencing hearing or deferred adjudication proceeding at a | ||
secondary school under Subsection (a) or (b), as appropriate, at | ||
least 12 times in each calendar year, unless: | ||
(1) the court is not assigned a sufficient number of | ||
appropriate cases involving possession, manufacture, or delivery | ||
of a controlled substance; or | ||
(2) fewer than 12 defendants agree to a sentencing | ||
hearing or deferred adjudication proceeding at a secondary school | ||
under Subsection (a) or (b), as appropriate. | ||
SECTION 2. Section 16, Article 42.12, Code of Criminal | ||
Procedure, is amended by adding Subsection (g) to read as follows: | ||
(g) If the judge orders a defendant placed on community | ||
supervision for an offense involving possession, manufacture, or | ||
delivery of a controlled substance under Chapter 481, Health and | ||
Safety Code, to perform community service, the judge may authorize | ||
the defendant to perform not more than 30 hours of community | ||
outreach under this subsection in lieu of hours of community | ||
service. Community outreach under this subsection consists of | ||
working in conjunction with a secondary school at the direction of | ||
the judge to educate students on the dangers and legal consequences | ||
of possessing, manufacturing, or delivering controlled substances. | ||
A private secondary school is not required to allow a defendant to | ||
perform community outreach at that school. The judge may not | ||
authorize the defendant to perform hours of community outreach | ||
under this subsection in lieu of hours of community service if: | ||
(1) the defendant is physically or mentally incapable | ||
of participating in community outreach; or | ||
(2) the defendant is subject to registration as a sex | ||
offender under Chapter 62. | ||
SECTION 3. The change in law made by this Act applies to a | ||
defendant who is charged with an offense involving possession, | ||
manufacture, or delivery of a controlled substance under Chapter | ||
481, Health and Safety Code, and is sentenced or enters a plea of | ||
guilty or nolo contendere under Section 5, Article 42.12, Code of | ||
Criminal Procedure, on or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2011. |