89R696 MCF-F     By: Thompson H.B. No. 624       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   parent-child unity and the defendant's rehabilitation in a   community setting and that 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.518 to read as follows:          Art. 42A.518.  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 parent-child unity and the defendant's   rehabilitation in a community setting and that 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.518, 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, 2025.