85R14416 JSC-D     By: Oliverson H.B. No. 3786       A BILL TO BE ENTITLED   AN ACT   relating to eligibility for community supervision of defendants   convicted of certain burglary offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.056, Code of Criminal Procedure, is   amended to read as follows:          Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY   SUPERVISION.  A defendant is not eligible for community   supervision under Article 42A.055 if the defendant:                (1)  is sentenced to a term of imprisonment that   exceeds 10 years;                (2)  is convicted of a state jail felony for which   suspension of the imposition of the sentence occurs automatically   under Article 42A.551;                (3)  is adjudged guilty of an offense under Section   19.02, Penal Code;                (4)  is convicted of an offense under Section   21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the   offense was younger than 14 years of age at the time the offense was   committed;                (5)  is convicted of an offense under Section 20.04,   Penal Code, if:                      (A)  the victim of the offense was younger than 14   years of age at the time the offense was committed; and                      (B)  the actor committed the offense with the   intent to violate or abuse the victim sexually;                (6)  is convicted of an offense under Section 20A.02,   43.05, or 43.25, Penal Code; [or]                (7)  is convicted of an offense for which punishment is   increased under Section 481.134(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 of those subsections; or                (8)  is convicted of an offense under Section 30.02,   Penal Code, if it is shown on the trial of the offense that:                      (A)  the offense was committed in a habitation;   and                      (B)  the defendant knew at the time of the offense   that another person was present in the habitation.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2017.