By Dutton                                              H.B. No. 991
         77R4976 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the consequences of successfully completing a period of
 1-3     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 requiring the defendant to
1-13     register as a sex offender under Chapter 62[, as added by Chapter
1-14     668, Acts of the 75th Legislature, Regular Session, 1997], prior to
1-15     the expiration of the term of community supervision if in the
1-16     judge's opinion the best interest of society and the defendant will
1-17     be served.  The judge may not dismiss the proceedings and discharge
1-18     a defendant charged with an offense requiring the defendant to
1-19     register under Chapter 62[, as added by Chapter 668, Acts of the
1-20     75th Legislature, Regular Session, 1997].  Except as provided by
1-21     Section 12.42(g), Penal Code, a dismissal and discharge under this
1-22     section may not be deemed a conviction for the purposes of
1-23     disqualifications or disabilities imposed by law for conviction of
1-24     an offense.  Notwithstanding any other law, a dismissal and
 2-1     discharge under this section may be used only as described by
 2-2     Section 12.42(g), Penal Code, or as otherwise described by this
 2-3     subsection.  For any defendant who receives a dismissal and
 2-4     discharge under this section,[:]
 2-5                 [(1)]  upon conviction of a subsequent offense, the
 2-6     fact that the defendant had previously received community
 2-7     supervision with a deferred adjudication of guilt shall be
 2-8     admissible before the court or jury to be considered on the issue
 2-9     of penalty[;]
2-10                 [(2)  if the defendant is an applicant for a license or
2-11     is a licensee under Chapter 42, Human Resources Code, the Texas
2-12     Department of Human Services may consider the fact that the
2-13     defendant previously has received community supervision with a
2-14     deferred adjudication of guilt under this section in issuing,
2-15     renewing, denying, or revoking a license under that chapter; and]
2-16                 [(3)  if the defendant is a person who has applied for
2-17     registration to provide mental health or medical services for the
2-18     rehabilitation of sex offenders, the Interagency Council on Sex
2-19     Offender Treatment may consider the fact that the defendant has
2-20     received community supervision under this section in issuing,
2-21     renewing, denying, or revoking a license or registration issued by
2-22     that council].
2-23           SECTION 2.  (a)  The change in law made by this Act applies
2-24     only to a defendant placed on deferred adjudication for an offense
2-25     committed on or after the effective date of this Act.  For purposes
2-26     of this section, an offense is committed before the effective date
2-27     of this Act if any element of the offense occurs before that date. 
 3-1           (b)  A defendant placed on deferred adjudication for an
 3-2     offense committed before the effective date of this Act is covered
 3-3     by the law in effect when the offense was committed, and the former
 3-4     law is continued in effect for that purpose.
 3-5           SECTION 3.  This Act takes effect September 1, 2001.