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.
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