Bill Text: TX HB3031 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to granting certain persons convicted of a felony deferred adjudication community supervision.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-05 - No action taken in committee [HB3031 Detail]
Download: Texas-2011-HB3031-Introduced.html
| 82R9963 KCR-F | ||
| By: McClendon | H.B. No. 3031 | |
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| relating to granting certain persons convicted of a felony deferred | ||
| adjudication community supervision. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 6, Article 42.12, Code of Criminal | ||
| Procedure, is amended by adding Subsections (d) and (e) to read as | ||
| follows: | ||
| (d) Subsection (e) applies only to a defendant who is | ||
| otherwise described by this section, who is serving a sentence for | ||
| an offense listed in Section 3g(a)(1) or for which an affirmative | ||
| finding was entered under Section 3g(a)(2), and who would have been | ||
| eligible for deferred adjudication for community supervision under | ||
| Section 5 for the offense of which the defendant was convicted. | ||
| (e) During the period of continuing jurisdiction provided | ||
| by this section, on the judge's own motion, on the motion of the | ||
| attorney who represented the state in the trial of the offense for | ||
| which a defendant described by Subsection (d) was convicted, or on | ||
| the written motion of a defendant described by Subsection (d), the | ||
| judge of the court that imposed the sentence on the defendant may | ||
| allow the defendant to withdraw the defendant's plea, if necessary, | ||
| and may place the defendant on deferred adjudication community | ||
| supervision under Section 5 in the same manner as, and under the | ||
| same circumstance as, the judge is authorized to place other | ||
| defendants on community supervision under Section 5. | ||
| SECTION 2. Section 8, Article 42.12, Code of Criminal | ||
| Procedure, is amended by adding Subsections (d) and (e) to read as | ||
| follows: | ||
| (d) Subsection (e) applies only to a defendant who is | ||
| otherwise described by this section, who is serving a sentence for | ||
| an offense listed in Section 3g(a)(1) or for which an affirmative | ||
| finding was entered under Section 3g(a)(2), and who would have been | ||
| eligible for deferred adjudication for community supervision under | ||
| Section 5 for the offense of which the defendant was convicted. | ||
| (e) After the expiration of 75 days but before the | ||
| expiration of 180 days from the date on which the convicted person | ||
| is received into custody by the department, the judge of the court | ||
| that imposed the sentence on the defendant may allow the defendant | ||
| to withdraw the defendant's plea, if necessary, and may place the | ||
| defendant on deferred adjudication community supervision under | ||
| Section 5 in the same manner as, and under the same circumstance as, | ||
| the judge is authorized to place other defendants on community | ||
| supervision under Section 5. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a defendant initially placed on community supervision on or | ||
| after the effective date of this Act. A defendant initially placed | ||
| on community supervision before the effective date of this Act is | ||
| governed by the law in effect immediately before the effective date | ||
| of this Act, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
