By Dutton                                              H.B. No. 757
         76R1525 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the civil consequences of successfully completing a
 1-3     period of deferred adjudication community supervision.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 5(c), Article 42.12, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (c)  On expiration of a community supervision period imposed
 1-8     under Subsection (a) of this section, if the judge has not
 1-9     proceeded to adjudication of guilt, the judge shall dismiss the
1-10     proceedings against the defendant and discharge him.  The judge may
1-11     dismiss the proceedings and discharge a defendant, other than a
1-12     defendant charged with an offense described by Section 13B(b) of
1-13     this article, prior to the expiration of the term of community
1-14     supervision if in the judge's opinion the best interest of society
1-15     and the defendant will be served.  The judge may dismiss the
1-16     proceedings and discharge a defendant charged with a felony
1-17     described by Section 13B(b) of this article only if in the judge's
1-18     opinion the best interest of society and the defendant will be
1-19     served and the defendant has successfully completed at least
1-20     two-thirds of the period of community supervision.  Except as
1-21     provided by Section 12.42(g), Penal Code, a dismissal and discharge
1-22     under this section may not be deemed a conviction for the  purposes
1-23     of disqualifications or disabilities imposed by law for conviction
1-24     of an offense and, notwithstanding any other law, may not be used
 2-1     to disqualify a person who is seeking housing or employment.  For
 2-2     any defendant who receives a dismissal and discharge under this
 2-3     section:
 2-4                 (1)  upon conviction of a subsequent offense, the fact
 2-5     that the defendant had previously received community supervision
 2-6     with a deferred adjudication of guilt shall be admissible before
 2-7     the court or jury to be considered on the issue of penalty;
 2-8                 (2)  if the defendant is an applicant for a license or
 2-9     is a licensee under Chapter 42, Human Resources Code, the Texas
2-10     Department of Human Services may consider the fact that the
2-11     defendant previously has received community supervision with a
2-12     deferred adjudication of guilt under this section in issuing,
2-13     renewing, denying, or revoking a license under that chapter; and
2-14                 (3)  if the defendant is a person who has applied for
2-15     registration to provide mental health or medical services for the
2-16     rehabilitation of sex offenders, the Interagency Council on Sex
2-17     Offender Treatment may consider the fact that the defendant has
2-18     received community supervision under this section in issuing,
2-19     renewing, denying, or revoking a license or registration issued by
2-20     that council.
2-21           SECTION 2.  (a)  The change in law made by this Act applies
2-22     only to a defendant placed on deferred adjudication for an offense
2-23     committed on or after the effective date of this Act.  For purposes
2-24     of this section, an offense is committed before the effective date
2-25     of this Act if any element of the offense occurs before that date.
2-26           (b)  A defendant placed on deferred adjudication for an
2-27     offense committed before the effective date of this Act is covered
 3-1     by the law in effect when the offense was committed, and the former
 3-2     law is continued in effect for that purpose.
 3-3           SECTION 3.  This Act takes effect September 1, 1999.
 3-4           SECTION 4.  The importance of this legislation and the
 3-5     crowded condition of the calendars in both houses create an
 3-6     emergency and an imperative public necessity that the
 3-7     constitutional rule requiring bills to be read on three several
 3-8     days in each house be suspended, and this rule is hereby suspended.