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.