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.(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.(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.
Source:
Article 42A.102 — Eligibility for Deferred Adjudication Community Supervision, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.102 (accessed Apr. 20, 2024).
