Texas Code of Criminal Procedure

§ 42A.102 — ELIGIBILITY FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION

CR § 42A.102Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION

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(a)Subject to Subsection (b), a judge may place on deferred adjudication community supervision a defendant charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a defendant charged with a felony described by Article 42A.453(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, 20A.03, 49.045, 49.05, 49.061, 49.065, 49.07, or 49.08, Penal Code;

(B)under Section 49.04 or 49.06, 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

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Legislative history

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. Acts 2025, 89th Leg., R.S., Ch. 557 (H.B. 1422), Sec. 2, eff. September 1, 2025.