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.