By: Hill H.B. No. 1340
73R3282 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for deferred adjudication for an
1-3 aggravated offense of a person who has previously received deferred
1-4 adjudication for an aggravated offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 5(c) and (d), Article 42.12, Code of
1-7 Criminal Procedure, are amended to read as follows:
1-8 (c) On expiration of a probationary period imposed under
1-9 Subsection (a) of this section, if the court has not proceeded to
1-10 adjudication of guilt, the court shall dismiss the proceedings
1-11 against the defendant and discharge him. The court may dismiss the
1-12 proceedings and discharge the defendant prior to the expiration of
1-13 the term of probation if in its opinion the best interest of
1-14 society and the defendant will be served. A dismissal and
1-15 discharge under this section may not be deemed a conviction for the
1-16 purposes of disqualifications or disabilities imposed by law for
1-17 conviction of an offense, except that:
1-18 (1) upon conviction of a subsequent offense, the fact
1-19 that the defendant had previously received probation shall be
1-20 admissible before the court or jury to be considered on the issue
1-21 of penalty; <and>
1-22 (2) if the defendant is an applicant for a license or
1-23 is a licensee under Chapter 42, Human Resources Code, the Texas
1-24 Department of Human Services may consider the fact that the
2-1 defendant previously has received probation under this section in
2-2 issuing, renewing, denying, or revoking a license under that
2-3 chapter; and
2-4 (3) on being charged with a subsequent offense listed
2-5 in Section 3g(a)(1) of this article, the fact that the defendant
2-6 had previously received probation under this section for an offense
2-7 listed in Section 3g(a)(1) disqualifies the defendant from
2-8 receiving deferred adjudication on the subsequent offense.
2-9 (d) This section does not apply to a defendant:
2-10 (1) charged with an offense listed in Section 3g(a)(1)
2-11 of this article who has previously received probation under this
2-12 section for an offense listed in Section 3g(a)(1); or
2-13 (2) charged with an offense under:
2-14 (A) Subdivision (2), Subsection (a), Section
2-15 19.05, Penal Code;
2-16 (B)<, an offense under> Sections 481.107(b)
2-17 through (e), 481.122, or 481.126, Health and Safety Code;
2-18 (C)<, an offense under> Article 6701l-1, Revised
2-19 Statutes;
2-20 (D)<, an offense under> Section 34, Chapter 173,
2-21 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
2-22 Vernon's Texas Civil Statutes);
2-23 (E)<, an offense under> Section 32(c), Texas
2-24 Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
2-25 Texas Civil Statutes); or
2-26 (F)<, or an offense under> Section 10, Texas
2-27 Commercial Driver's License Act (Article 6687b-2, Revised
3-1 Statutes).
3-2 SECTION 2. (a) The change in law made by this Act applies
3-3 only to the eligibility for deferred adjudication of a person
3-4 charged with an offense committed on or after the effective date of
3-5 this Act. For purposes of this section, an offense is committed
3-6 before the effective date of this Act if any element of the offense
3-7 occurs before the effective date.
3-8 (b) The eligibility for deferred adjudication of a person
3-9 who commits an offense before the effective date of this Act is
3-10 covered by the law in effect when the offense was committed, and
3-11 the former law is continued in effect for that purpose.
3-12 SECTION 3. This Act takes effect September 1, 1993.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.