Bill Text: TX HB1294 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to the eligibility of certain persons to receive a sentence of community supervision, including deferred adjudication community supervision.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-04-13 - Left pending in committee [HB1294 Detail]

Download: Texas-2011-HB1294-Introduced.html
  82R1090 NAJ-F
 
  By: Shelton H.B. No. 1294
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain persons to receive a
  sentence of community supervision, including deferred adjudication
  community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subdivision (5) to read as follows:
               (5)  "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.  Section 3(e), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (e)  A defendant is not eligible for community supervision
  under this section if the defendant:
               (1)  is sentenced to a term of imprisonment that
  exceeds 10 years; [or]
               (2)  is sentenced to serve a term of confinement under
  Section 12.35, Penal Code; or
               (3)  is an illegal alien.
         SECTION 3.  Section 4(d), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  A defendant is not eligible for community supervision
  under this section 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 Section 15(a);
               (3)  does not file a sworn motion under Subsection (e)
  of this section or for whom the jury does not enter in the verdict a
  finding that the information contained in the motion is true;
               (4)  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 one of those subsections;
               (5)  is convicted of an offense listed in Section
  3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
  than 14 years of age at the time the offense was committed;
               (6)  is convicted of an offense listed in Section
  3g(a)(1)(D), if the victim of the offense was younger than 14 years
  of age at the time the offense was committed and the actor committed
  the offense with the intent to violate or abuse the victim sexually;
               (7)  is convicted of an offense listed in Section
  3g(a)(1)(J); [or]
               (8)  is adjudged guilty of an offense under Section
  19.02, Penal Code; or
               (9)  is an illegal alien.
         SECTION 4.  Section 5(d), Article 42.12, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  In all other cases the judge may grant deferred
  adjudication unless:
               (1)  the defendant is charged with an offense:
                     (A)  under 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, Penal Code, regardless of the age of the
  victim, or a felony described by Section 13B(b) of this article; and
                     (B)  has previously been placed on community
  supervision for any offense under Paragraph (A) of this
  subdivision; [or]
               (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), Penal Code; or
               (4)  the defendant is an illegal alien.
         SECTION 5.  Section 15(a), Article 42.12, Code of Criminal
  Procedure, is amended by adding Subdivision (4) to read as follows:
               (4)  Notwithstanding any other provision of this
  subsection, a defendant is not eligible for community supervision
  under this section 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
  covered by the law in effect when 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, 2011.
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