Art. 42A.059 PLACEMENT ON COMMUNITY SUPERVISION PROHIBITED FOR CERTAIN OFFENSES INVOLVING ILLEGAL ENTRY INTO THIS STATE

If someone is charged with or convicted of certain crimes related to illegally entering Texas, a judge cannot give them probation. This includes regular probation and deferred adjudication, which is a type of probation where the case can eventually be dismissed if the person follows the rules.

This applies to two specific situations. The first is any offense under Chapter 51 of the Penal Code, which covers illegal entry crimes. The second is a specific type of intoxication manslaughter charge under Section 49.08, but only when it falls under the more serious punishment level described in Section 49.09(b-2)(2).

For someone facing these charges, this means probation is simply off the table. If convicted, they will have to serve actual time rather than being placed under community supervision.