Tex. Code of Crim. Proc. Article 42A.102
Eligibility for Deferred Adjudication Community Supervision


(a)

Subject to Subsection (b), a judge may place on deferred adjudication community supervision a defendant charged with an offense under Section 21.11 (Indecency with a Child), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), Penal Code, regardless of the age of the victim, or a defendant charged with a felony described by Article 42A.453 (Child Safety Zone)(b) only if the judge makes a finding in open court that placing the defendant on deferred adjudication community supervision is in the best interest of the victim. The failure of the judge to make a finding under this subsection is not grounds for the defendant to set aside the plea, deferred adjudication, or any subsequent conviction or sentence.

(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 (Trafficking of Persons), 20A.03 (Continuous Trafficking of Persons), 49.045 (Driving While Intoxicated with Child Passenger), 49.05 (Flying While Intoxicated), 49.061 (Boating While Intoxicated with Child Passenger), 49.065 (Assembling or Operating an Amusement Ride While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code;

(B)

under Section 49.04 (Driving While Intoxicated) or 49.06 (Boating While Intoxicated), 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 (Definitions), Penal Code, was 0.15 or more;

(C)

for which punishment may be increased under Section 49.09 (Enhanced Offenses and Penalties), Penal Code;

(D)

for which punishment may be increased under Section 481.134 (Drug-free Zones)(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 (Indecency with a Child), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), 43.04 (Aggravated Promotion of Prostitution), or 43.05 (Compelling Prostitution), Penal Code, regardless of the age of the victim, or a felony described by Article 42A.453 (Child Safety Zone)(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 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code; or

(B)

Section 22.021 (Aggravated Sexual Assault), Penal Code, that is punishable under Subsection (f) of that section or under Section 12.42 (Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony)(c)(3) or (4), Penal Code; or

(4)

the defendant is charged with an offense under Section 19.02 (Murder), 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1137 (H.B. 2758), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1298 (H.B. 3582), Sec. 2, eff. September 1, 2019.
Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 15, eff. September 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.005, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 10, eff. September 1, 2023.
Art. 42A.103. PERIOD OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION. (a) In a felony case, the period of deferred adjudication community supervision may not exceed 10 years. For a defendant charged with a felony under Section 21.11 (Indecency with a Child), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), Penal Code, regardless of the age of the victim, and for a defendant charged with a felony described by Article 42A.453 (Child Safety Zone)(b), the period of deferred adjudication community supervision may not be less than five years.

(b)

In a misdemeanor case, the period of deferred adjudication community supervision may not exceed two years.

(c)

A judge may extend the maximum period of deferred adjudication community supervision in the manner provided by Article 42A.753 (Extension of Community Supervision After Violation) or 42A.757.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Art. 42A.104. CONDITIONS OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION; IMPOSITION OF FINE. (a) The judge may impose a fine applicable to the offense and require any reasonable condition of deferred adjudication community supervision that a judge could impose on a defendant placed on community supervision for a conviction that was probated and suspended, including:

(1)

confinement; and

(2)

mental health treatment under Article 42A.506 (Community Supervision for Defendant with Mental Impairment).

(b)

The provisions of Subchapter L specifying whether a defendant convicted of a state jail felony is to be confined in a county jail or state jail felony facility and establishing the minimum and maximum terms of confinement as a condition of community supervision apply in the same manner to a defendant placed on deferred adjudication community supervision after pleading guilty or nolo contendere to a state jail felony.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.

Source: Article 42A.102 — Eligibility for Deferred Adjudication Community Supervision, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42A.­htm#42A.­102 (accessed Feb. 22, 2024).

42A.001
Definitions
42A.002
Reference in Law
42A.051
Authority to Grant Community Supervision, Impose or Modify Conditions, or Discharge Defendant
42A.052
Modification of Conditions by Supervision Officer or Magistrate
42A.054
Limitation on Judge-ordered Community Supervision
42A.055
Jury-recommended Community Supervision
42A.056
Limitation on Jury-recommended Community Supervision
42A.057
Minimum Period of Community Supervision for Certain Burglaries of Vehicles
42A.058
Information Provided to Defendant Placed on Community Supervision
42A.059
Placement on Community Supervision Prohibited for Certain Offenses Involving Illegal Entry into This State
42A.102
Eligibility for Deferred Adjudication Community Supervision
42A.105
Affirmative Findings
42A.107
Request for Final Adjudication
42A.109
Due Diligence Defense
42A.110
Proceedings After Adjudication
42A.151
Transfer of Jurisdiction
42A.152
Issuance of Warrant by Court Having Geographical Jurisdiction
42A.153
Change of Residence Within the State
42A.154
Leaving the State
42A.201
Continuing Jurisdiction in Misdemeanor Cases
42A.202
Continuing Jurisdiction in Felony Cases
42A.203
Authority to Suspend Execution of Sentence in Felony Cases
42A.204
Partial Execution of Sentence: Firearm Used or Exhibited
42A.251
Definitions
42A.252
Presentence Report Required
42A.253
Contents of Presentence Report
42A.254
Inspection by Judge
42A.255
Inspection and Comment by Defendant
42A.256
Release of Information to Supervision Officer
42A.257
Evaluation for Purposes of Alcohol or Drug Rehabilitation
42A.258
Evaluation for Purposes of Sex Offender Treatment, Specialized Supervision, or Rehabilitation
42A.259
Postsentence Report
42A.301
Basic Discretionary Conditions
42A.302
Confinement
42A.303
Substance Abuse Felony Program
42A.304
Community Service
42A.305
Community Outreach
42A.306
Supervision of Defendant from out of State
42A.307
Orchiectomy Prohibited
42A.351
Educational Skill Level
42A.352
Dna Sample
42A.381
Veterans Reemployment Program
42A.382
Eligibility
42A.383
Education and Training Courses
42A.384
Completion of Program
42A.385
Extended Period Allowed for Completion of Program
42A.386
Failure to Complete Program
42A.401
Confinement as Condition of Community Supervision for Certain Intoxication Offenses
42A.402
Drug or Alcohol Dependence Evaluation and Rehabilitation
42A.404
Educational Program for Certain Repeat Intoxication Offenses
42A.406
Effect of Educational Program Requirements on Driving Record and License
42A.407
Suspension of Driver’s License
42A.408
Use of Ignition Interlock Device
42A.409
Community Supervision for Enhanced Public Intoxication Offense
42A.451
Sex Offender Registration
42A.452
Treatment, Specialized Supervision, or Rehabilitation
42A.453
Child Safety Zone
42A.454
Certain Internet Activity Prohibited
42A.455
Payment to Children’s Advocacy Center
42A.501
Community Supervision for Offense Committed Because of Bias or Prejudice
42A.502
Community Supervision for Certain Violent Offenses
42A.503
Community Supervision for Certain Child Abuse Offenses
42A.504
Community Supervision for Certain Offenses Involving Family Violence
42A.505
Community Supervision for Stalking Offense
42A.506
Community Supervision for Defendant with Mental Impairment
42A.507
Community Supervision for Certain Defendants Identified as Members of Criminal Street Gangs
42A.508
Community Supervision for Certain Organized Crime Offenses
42A.509
Community Supervision for Graffiti Offense
42A.510
Community Supervision for Enhanced Disorderly Conduct Offense
42A.512
Community Supervision for Electronic Transmission of Certain Visual Material
42A.513
Community Supervision for Making Firearm Accessible to Child
42A.514
Community Supervision for Certain Alcohol or Drug Related Offenses
42A.515
Community Supervision for Certain Prostitution Offenses
42A.516
Community Supervision for Leaving Scene of Motor Vehicle Collision Resulting in Death of Person
42A.517
Community Supervision for Certain Offenses Involving Obstruction of Highway or Other Passageway
42A.551
Placement on Community Supervision
42A.552
Review of Presentence Report
42A.553
Minimum and Maximum Periods of Community Supervision
42A.554
Conditions of Community Supervision
42A.555
Confinement as a Condition of Community Supervision
42A.556
Sanctions Imposed on Modification of Community Supervision
42A.557
Report by Director of Facility
42A.558
Revocation
42A.559
Credits for Time Served
42A.560
Medical Release
42A.561
Medical Release
42A.601
Definition
42A.602
Maximum Term or Terms of Confinement
42A.603
Effect of Revocation on Credit for Time Spent in Facility
42A.604
Evaluation of Defendant’s Behavior and Attitude
42A.605
Placement in Community Service Project
42A.606
Confinement Required
42A.607
Disposition of Salary
42A.652
Monthly Reimbursement Fee
42A.653
Additional Monthly Fine for Certain Sex Offenders
42A.654
Fees Due on Conviction
42A.655
Ability to Pay
42A.701
Reduction or Termination of Community Supervision Period
42A.751
Violation of Conditions of Community Supervision
42A.752
Continuation or Modification of Community Supervision After Violation
42A.753
Extension of Community Supervision After Violation
42A.754
Authority to Revoke Community Supervision
42A.755
Revocation of Community Supervision
42A.756
Due Diligence Defense
42A.4045
Alternative to Educational Program: Substance Abuse Treatment Facility

Accessed:
Feb. 22, 2024

Art. 42A.102’s source at texas​.gov