1-1 By: Shapiro S.B. No. 31
1-2 (In the Senate - Filed November 9, 1998; January 26, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 8, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 8, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 31 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the ability of certain sex offenders to request early
1-11 termination of community supervision.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (c), Section 5, Article 42.12, Code of
1-14 Criminal Procedure, is amended to read as follows:
1-15 (c) On expiration of a community supervision period imposed
1-16 under Subsection (a) of this section, if the judge has not
1-17 proceeded to adjudication of guilt, the judge shall dismiss the
1-18 proceedings against the defendant and discharge him. The judge may
1-19 dismiss the proceedings and discharge a defendant, other than a
1-20 defendant charged with an offense requiring the defendant to
1-21 register as a sex offender under Chapter 62 [described by Section
1-22 13B(b) of this article], prior to the expiration of the term of
1-23 community supervision if in the judge's opinion the best interest
1-24 of society and the defendant will be served. The judge may not
1-25 dismiss the proceedings and discharge a defendant charged with an
1-26 offense requiring the defendant to register under Chapter 62 [a
1-27 felony described by Section 13B(b) of this article only if in the
1-28 judge's opinion the best interest of society and the defendant will
1-29 be served and the defendant has successfully completed at least
1-30 two-thirds of the period of community supervision]. Except as
1-31 provided by Section 12.42(g), Penal Code, a dismissal and discharge
1-32 under this section may not be deemed a conviction for the purposes
1-33 of disqualifications or disabilities imposed by law for conviction
1-34 of an offense. For any defendant who receives a dismissal and
1-35 discharge under this section:
1-36 (1) upon conviction of a subsequent offense, the fact
1-37 that the defendant had previously received community supervision
1-38 with a deferred adjudication of guilt shall be admissible before
1-39 the court or jury to be considered on the issue of penalty;
1-40 (2) if the defendant is an applicant for a license or
1-41 is a licensee under Chapter 42, Human Resources Code, the Texas
1-42 Department of Human Services may consider the fact that the
1-43 defendant previously has received community supervision with a
1-44 deferred adjudication of guilt under this section in issuing,
1-45 renewing, denying, or revoking a license under that chapter; and
1-46 (3) if the defendant is a person who has applied for
1-47 registration to provide mental health or medical services for the
1-48 rehabilitation of sex offenders, the Interagency Council on Sex
1-49 Offender Treatment may consider the fact that the defendant has
1-50 received community supervision under this section in issuing,
1-51 renewing, denying, or revoking a license or registration issued by
1-52 that council.
1-53 SECTION 2. Subsection (b), Section 20, Article 42.12, Code
1-54 of Criminal Procedure, is amended to read as follows:
1-55 (b) This section does not apply to a defendant convicted of
1-56 an offense under Sections 49.04-49.08, Penal Code, a defendant
1-57 convicted of an offense for which on conviction registration as a
1-58 sex offender is required under Chapter 62, or a defendant convicted
1-59 of an offense punishable as a state jail felony.
1-60 SECTION 3. (a) The change in law made by this Act applies
1-61 only to a defendant who receives deferred adjudication for an
1-62 offense or is convicted of an offense on or after the effective
1-63 date of this Act, regardless of whether the offense for which the
1-64 defendant receives deferred adjudication or is convicted is
2-1 committed before, on, or after the effective date of this Act.
2-2 (b) A defendant receiving deferred adjudication for or
2-3 convicted of an offense before the effective date of this Act is
2-4 covered by the law in effect when the defendant received deferred
2-5 adjudication or was convicted, and the former law is continued in
2-6 effect for that purpose.
2-7 SECTION 4. This Act takes effect September 1, 1999.
2-8 SECTION 5. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
2-13 * * * * *