(a) Subject to Subsection (b), a judge may place on deferred adjudication community supervision a defendant charged with an offense under § 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a defendant charged with a felony described by Article 42A.453(b) only if the judge makes a finding in open court that placing the defendant on deferred adjudication community supervision is in the best interest of the victim. The failure of the judge to make a finding under this subsection is not grounds for the defendant to set aside the plea, deferred adjudication, or any subsequent conviction or sentence.
(b) In all other cases, the judge may grant deferred adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 20A.02, 20A.03, 49.045, 49.05, 49.061, 49.065, 49.07, or 49.08, Penal Code;
(B) under § 49.04 or 49.06, Penal Code, and, at the time of the offense:
(i) the defendant held a commercial driver’s license or a commercial learner’s permit; or
(ii) the defendant’s alcohol concentration, as defined by § 49.01, Penal Code, was 0.15 or more;
(C) for which punishment may be increased under § 49.09, Penal Code;
(D) for which punishment may be increased under § 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 one of those subsections; or
(E) under § 481.1123, Health and Safety Code, that is punishable under Subsection (d), (e), or (f) of that section;
(2) the defendant:
(A) is charged with an offense under § 21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of the age of the victim, or a felony described by Article 42A.453(b), other than a felony described by Subdivision (1)(A) or (3)(B) of this subsection; and
(B) has previously been placed on community supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) § 21.02, Penal Code; or
(B) § 22.021, Penal Code, that is punishable under Subsection (f) of that section or under § 12.42(c)(3) or (4), Penal Code; or
(4) the defendant is charged with an offense under § 19.02, Penal Code, except that the judge may grant deferred adjudication community supervision on determining that the defendant did not cause the death of the deceased, did not intend to kill the deceased or another, and did not anticipate that a human life would be taken.