Relating to changing the eligibility of certain persons to receive community supervision, including deferred adjudication community supervision.
Summary
HB 1762 would make noncitizens classified in the bill as “illegal aliens” ineligible for community supervision in Texas, including regular community supervision, jury-recommended community supervision, and deferred adjudication community supervision. The bill defines “illegal alien” for purposes of the Code of Criminal Procedure and adds that status as a categorical bar in multiple community supervision provisions.
The measure amends several articles in Chapter 42A of the Code of Criminal Procedure to exclude these defendants from receiving probation-like alternatives to incarceration. It also applies only to offenses committed on or after September 1, 2025, preserving current law for earlier offenses. In practical terms, the bill would narrow judicial discretion and expand the list of defendants who must receive a sentence other than community supervision if convicted of a qualifying offense.
Impact
HB 1762 would change Texas criminal procedure law by adding immigration status as a disqualifier for community supervision and deferred adjudication. It would affect defendants in criminal cases statewide, limiting eligibility for probation and deferred adjudication under Articles 42A.053, 42A.056, 42A.102, and 42A.551 of the Code of Criminal Procedure. Courts would be required to treat defendants meeting the bill’s definition of “illegal alien” as ineligible for these sentencing alternatives for offenses committed on or after the effective date.
Sentiment
The available record shows little direct committee debate or recorded voting detail, so sentiment must be inferred primarily from the bill’s movement and final status. The bill was filed and considered in the Corrections process but ultimately was laid on the table subject to call, suggesting it did not advance to final passage. The absence of recorded votes or transcript discussion limits the ability to identify broad support or opposition, but the outcome indicates the measure did not secure enough momentum to move forward at that stage.
Contention
The central point of contention is the bill’s use of immigration status as a categorical bar to community supervision, which would remove judicial discretion for a broad class of defendants. Supporters would likely view the bill as a public-safety and enforcement measure, while opponents would likely argue it creates unequal treatment in sentencing and ties criminal punishment to civil immigration status. Because there are no committee transcripts or vote details provided, specific lawmakers or stakeholder groups cannot be identified from the record.
Identical
Relating to changing the eligibility of certain persons to receive community supervision, including deferred adjudication community supervision.
Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to increasing the criminal penalty and changing the eligibility for community supervision, mandatory supervision, and parole for certain persons convicted of intoxication manslaughter.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for certain persons convicted of intoxication manslaughter.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.