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.