87R782 JRR-F
	By: Thompson of Harris	H.B. No. 232

	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 the
	defendant's rehabilitation in a community setting and parent-child
	unity and 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.517 to read as follows:
	Art. 42A.517.  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 the defendant's rehabilitation in a community
	setting and parent-child unity and 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.517, 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, 2021.