Bill Caption

Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 1389 would require courts, after receiving a guilty or nolo contendre plea for certain offenses, to consider the defendant's status as primary caretaker of a child. If the court finds that the defendant is a primary caretaker, they will, without adjudication of guilt, place the defendant on deferred adjudication. The court may impose conditions that emphasize rehabilitation and the parent child relationship including: alcohol or substance abuse, domestic violence education, physical or sexual abuse counseling, anger management, vocational, technical, or career training, including financial literacy, affordable and safe housing assistance, parenting skills, counseling, family case management services. 

HB 1389 would prevent the court from placing the defendant on a term of confinement as a condition of their deferred adjudication. However, the defendant may be placed on a term of confinement if the court proceeds with adjudication of guilt for the offense. 

It is important to note that this is not a "get out of jail free card" for any offense under the sun. It only applies to defendants "charged with an offense for which the defendant is eligible for deferred adjudication community supervision."

Vote Recommendation Notes

Texas Action supports HB 1389 because it advances the principles of limited government, individual liberty and personal responsibility. This bill allows parents to accept responsibility for a crime they may have committed without incarceration. This allows them to maintain their responsibilities as a caregiver to their child. This bill also saves the state money by preventing both the incarceration of the parent and the placement of the child into CPS.