HB1762 - Relating to changing the eligibility of certain persons to receive community supervision, including deferred adjudication community supervision.

  89R8871 LHC-F     By: Leach H.B. No. 1762       A BILL TO BE ENTITLED   AN ACT   relating to changing the eligibility of certain persons to receive   community supervision, including deferred adjudication community   supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.001, Code of Criminal Procedure, is   amended by adding Subdivision (3-a) to read as follows:                 (3-a)  "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.  Article 42A.053(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  A defendant is not eligible for community supervision   under this article if the defendant [ is sentenced to serve ]:                (1)   is sentenced to serve:                       (A)   a term of imprisonment that exceeds 10 years;   or                       (B)  [ (2) ]  a term of confinement under Section   12.35, Penal Code ; or                 (2)  is an illegal alien .          SECTION 3.  Article 42A.056, Code of Criminal Procedure, is   amended to read as follows:          Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY   SUPERVISION. A defendant is not eligible for community supervision   under Article 42A.055 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 Article 42A.551;                (3)  is adjudged guilty of an offense under Section   19.02, Penal Code;                (4)  is convicted of an offense under Section 21.11,   22.011, or 22.021, Penal Code, if the victim of the offense was   younger than 14 years of age at the time the offense was committed;                (5)  is convicted of an offense under Section 20.04,   Penal Code, if:                      (A)  the victim of the offense was younger than 14   years of age at the time the offense was committed; and                      (B)  the actor committed the offense with the   intent to violate or abuse the victim sexually;                (6)  is convicted of an offense under Section 20A.02,   20A.03, 43.04, 43.05, or 43.25, Penal Code;                (7)  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 of those subsections; [ or ]                (8)  is convicted of an offense under Section 481.1123,   Health and Safety Code, if the offense is punishable under   Subsection (d), (e), or (f) of that section ; or                 (9)  is an illegal alien .          SECTION 4.  Article 42A.102(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  In all other cases, the judge may grant deferred   adjudication community supervision unless:                (1)  the defendant is charged with an offense:                      (A)  under Section 20A.02, 20A.03, 49.045, 49.05,   49.061, 49.065, 49.07, or 49.08, Penal Code;                      (B)  under Section 49.04 or 49.06, Penal Code,   and, at the time of the offense:                            (i)  the defendant held a commercial   driver's license or a commercial learner's permit; or                            (ii)  the defendant's alcohol concentration,   as defined by Section 49.01, Penal Code, was 0.15 or more;                      (C)  for which punishment may be increased under   Section 49.09, Penal Code;                      (D)  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; or                      (E)  under Section 481.1123, Health and Safety   Code, that is punishable under Subsection (d), (e), or (f) of that   section;                (2)  the defendant:                      (A)  is charged with an offense under Section   21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of   the age of the victim, or a felony described by Article 42A.453(b),   other than a felony described by Subdivision (1)(A) or (3)(B) of   this subsection; and                      (B)  has previously been placed on community   supervision for an offense under Paragraph (A);                (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) or (4), Penal Code; [ or ]                (4)  the defendant is charged with an offense under   Section 19.02, Penal Code, except that the judge may grant deferred   adjudication community supervision on determining that the   defendant did not cause the death of the deceased, did not intend to   kill the deceased or another, and did not anticipate that a human   life would be taken ; or                 (5)  the defendant is an illegal alien .          SECTION 5.  Article 42A.551, Code of Criminal Procedure, is   amended by adding Subsection (h) to read as follows:           (h)     Notwithstanding any other provision of this article, a   defendant is not eligible for community supervision under this   subchapter 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   governed by the law in effect on the date 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, 2025.