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.