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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain persons to receive a |
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sentence of community supervision, including deferred adjudication |
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community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subdivision (5) to read as follows: |
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(5) "Illegal alien" means an alien who: |
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(A) entered the United States without inspection |
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or at any time or any place other than as designated by the United |
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States attorney general; or |
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(B) was admitted as a nonimmigrant and, before |
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the date of the commission of the offense, had failed to maintain |
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the nonimmigrant status under which the alien was admitted or to |
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which it was changed under Section 248, Immigration and Nationality |
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Act (8 U.S.C. Section 1258), or to comply with the conditions of the |
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alien's status. |
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SECTION 2. Section 3(e), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(e) A defendant is not eligible for community supervision |
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under this section if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; [or] |
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(2) is sentenced to serve a term of confinement under |
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Section 12.35, Penal Code; or |
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(3) is an illegal alien. |
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SECTION 3. Section 4(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A defendant is not eligible for community supervision |
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under this section if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Section 15(a); |
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(3) does not file a sworn motion under Subsection (e) |
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of this section or for whom the jury does not enter in the verdict a |
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finding that the information contained in the motion is true; |
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(4) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any one of those subsections; |
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(5) is convicted of an offense listed in Section |
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3g(a)(1)(C), (E), or (H), if the victim of the offense was younger |
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than 14 years of age at the time the offense was committed; |
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(6) is convicted of an offense listed in Section |
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3g(a)(1)(D), if the victim of the offense was younger than 14 years |
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of age at the time the offense was committed and the actor committed |
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the offense with the intent to violate or abuse the victim sexually; |
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(7) is convicted of an offense listed in Section |
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3g(a)(1)(J); [or] |
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(8) is adjudged guilty of an offense under Section |
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19.02, Penal Code; or |
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(9) is an illegal alien. |
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SECTION 4. Section 5(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) In all other cases the judge may grant deferred |
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adjudication unless: |
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(1) the defendant is charged with an offense: |
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(A) under Sections 49.04-49.08, Penal Code; or |
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(B) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
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victim, or a felony described by Section 13B(b) of this article; and |
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(B) has previously been placed on community |
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supervision for any offense under Paragraph (A) of this |
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subdivision; [or] |
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(3) the defendant is charged with an offense under: |
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(A) Section 21.02, Penal Code; or |
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(B) Section 22.021, Penal Code, that is |
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punishable under Subsection (f) of that section or under Section |
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12.42(c)(3), Penal Code; or |
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(4) the defendant is an illegal alien. |
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SECTION 5. Section 15(a), Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subdivision (4) to read as follows: |
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(4) Notwithstanding any other provision of this |
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subsection, a defendant is not eligible for community supervision |
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under this section if the defendant is an illegal alien. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2011. |