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.