By: Hochberg, Carter, Gallego	H.B. No. 371
	(Senate Sponsor - Hegar)
	(In the Senate - Received from the House April 6, 2011;
	April 20, 2011, read first time and referred to Committee on
	Criminal Justice; May 21, 2011, reported favorably by the
	following vote:  Yeas 6, Nays 0; May 21, 2011, sent to printer.)

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting deferred adjudication community
	supervision for certain defendants convicted of murder.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 5(d), Article 42.12, Code of Criminal
	Procedure, is amended to read as follows:
	(d)  In all other cases the judge may grant deferred
	adjudication unless:
	(1)  the defendant is charged with an offense:
	(A)  under Sections 49.04-49.08, Penal Code; or
	(B)  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;
	(2)  the defendant:
	(A)  is charged with an offense under Section
	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
	victim, or a felony described by Section 13B(b) of this article; and
	(B)  has previously been placed on community
	supervision for any offense under Paragraph (A) of this
	subdivision; [or]
	(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), 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 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.
	SECTION 2.  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
	covered by the law in effect when 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 3.  This Act takes effect September 1, 2011.
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