By: Shapiro S.B. No. 31
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the ability of certain sex offenders to request early
1-2 termination of community supervision.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 5, Article 42.12, Code of
1-5 Criminal Procedure, is amended to read as follows:
1-6 (c) On expiration of a community supervision period imposed
1-7 under Subsection (a) of this section, if the judge has not
1-8 proceeded to adjudication of guilt, the judge shall dismiss the
1-9 proceedings against the defendant and discharge him. The judge may
1-10 dismiss the proceedings and discharge a defendant, other than a
1-11 defendant charged with an offense requiring the defendant to
1-12 register as a sex offender under Chapter 62 [described by Section
1-13 13B(b) of this article], prior to the expiration of the term of
1-14 community supervision if in the judge's opinion the best interest
1-15 of society and the defendant will be served. The judge may not
1-16 dismiss the proceedings and discharge a defendant charged with an
1-17 offense requiring the defendant to register under Chapter 62 [a
1-18 felony described by Section 13B(b) of this article only if in the
1-19 judge's opinion the best interest of society and the defendant will
1-20 be served and the defendant has successfully completed at least
1-21 two-thirds of the period of community supervision]. Except as
1-22 provided by Section 12.42(g), Penal Code, a dismissal and discharge
1-23 under this section may not be deemed a conviction for the purposes
1-24 of disqualifications or disabilities imposed by law for conviction
2-1 of an offense. For any defendant who receives a dismissal and
2-2 discharge under this section:
2-3 (1) upon conviction of a subsequent offense, the fact
2-4 that the defendant had previously received community supervision
2-5 with a deferred adjudication of guilt shall be admissible before
2-6 the court or jury to be considered on the issue of penalty;
2-7 (2) if the defendant is an applicant for a license or
2-8 is a licensee under Chapter 42, Human Resources Code, the Texas
2-9 Department of Human Services may consider the fact that the
2-10 defendant previously has received community supervision with a
2-11 deferred adjudication of guilt under this section in issuing,
2-12 renewing, denying, or revoking a license under that chapter; and
2-13 (3) if the defendant is a person who has applied for
2-14 registration to provide mental health or medical services for the
2-15 rehabilitation of sex offenders, the Interagency Council on Sex
2-16 Offender Treatment may consider the fact that the defendant has
2-17 received community supervision under this section in issuing,
2-18 renewing, denying, or revoking a license or registration issued by
2-19 that council.
2-20 SECTION 2. Subsection (b), Section 20, Article 42.12, Code
2-21 of Criminal Procedure, is amended to read as follows:
2-22 (b) This section does not apply to a defendant convicted of
2-23 an offense under Sections 49.04-49.08, Penal Code, a defendant
2-24 convicted of an offense for which on conviction registration as a
2-25 sex offender is required under Chapter 62, or a defendant convicted
2-26 of an offense punishable as a state jail felony.
3-1 SECTION 3. (a) The change in law made by this Act applies
3-2 only to a defendant who receives deferred adjudication for an
3-3 offense or is convicted of an offense on or after the effective
3-4 date of this Act, regardless of whether the offense for which the
3-5 defendant receives deferred adjudication or is convicted is
3-6 committed before, on, or after the effective date of this Act.
3-7 (b) A defendant receiving deferred adjudication for or
3-8 convicted of an offense before the effective date of this Act is
3-9 covered by the law in effect when the defendant received deferred
3-10 adjudication or was convicted, and the former law is continued in
3-11 effect for that purpose.
3-12 SECTION 4. This Act takes effect September 1, 1999.
3-13 SECTION 5. 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.