Bill Text: TX HB361 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2023-05-15 - Received from the House [HB361 Detail]

Download: Texas-2023-HB361-Engrossed.html

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88R529 MCF-F
By: Thompson of Harris, Jones of Harris, H.B. No. 361
Garcia

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, 2023.