According to the Texas Department of Public Safety, over 1,300 murders occurred in the state in 2009. Those convicted of murder charges typically face severe penalties, even the death penalty in some cases. In Texas, however, criminal penalties had always included the potential for probation. Because of this, many in Texas thought this option was unfair and pressed the Texas legislature to make a change.

House Bill 371, authored by state representatives Scott Hochberg, Stefani Carter and Pete Gallego, requires that defendants charged with specific offenses will not be offered "deferred adjudication community supervision" if convicted of murder.

Under the new law, persons convicted of murder associated with a violation of the state's alcohol and beverage laws, would fall under this prohibition. Those murder convictions linked to indecency with children, sexual assault, and aggravated sexual assault will also be barred the probation option if they previously had been placed on community supervision. Four years ago, the state's legislature had enacted a statute that bars juries from selecting this sentencing option; however, judicial discretion for the option was retained.

While similar versions of this law had been defeated in prior years, this year's bill received a great deal of support. The Harris County District Attorney's Office had been the only opponents to a similar bill in 2009. In 2011, only two house members voted against the current legislation.

For defense and prosecuting attorneys, the elimination of probation as a sentencing option may affect case resolutions. Plea bargains, which have become common in those cases where evidence is weak or lacking substantive value, may actually be more difficult to obtain. Court dockets may be filled with cases which could have come to easy resolutions and court costs may rise.

Governor Perry signed the bill on June 17, 2011, and the law will take effect in September. Those charged with crimes that predate the law's enactment will be sentenced under the old standard and are eligible for probation.