H.B. No. 1762 proposes amendments to the Code of Criminal Procedure regarding the eligibility of individuals for community supervision, including deferred adjudication community supervision. The bill introduces a new definition for "illegal alien," specifying that it includes individuals who entered the U.S. without inspection or who failed to maintain their nonimmigrant status. Additionally, the bill stipulates that defendants are ineligible for community supervision if they are classified as illegal aliens, alongside existing criteria such as being sentenced to more than 10 years of imprisonment.
The bill also modifies several sections of the Code of Criminal Procedure to explicitly include "illegal alien" as a disqualifying factor for community supervision eligibility. This includes amendments to Articles 42A.053, 42A.056, 42A.102, and 42A.551, which outline various offenses and conditions under which community supervision may be denied. The changes will take effect on September 1, 2025, and will only apply to offenses committed on or after that date, ensuring that prior offenses are governed by the law in effect at the time they were committed.