This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

79R571 PEP-D

By:  Dutton                                                       H.B. No. 455



A BILL TO BE ENTITLED

AN ACT

relating to the consequences of successfully completing a period of 
deferred adjudication community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 5(c), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(c)  On expiration of a community supervision period imposed 
under Subsection (a) of this section, if the judge has not proceeded 
to adjudication of guilt, the judge shall dismiss the proceedings 
against the defendant and discharge him.  The judge may dismiss the 
proceedings and discharge a defendant, other than a defendant 
charged with an offense requiring the defendant to register as a sex 
offender under Chapter 62[, as added by Chapter 668, Acts of the 
75th Legislature, Regular Session, 1997], prior to the expiration 
of the term of community supervision if in the judge's opinion the 
best interest of society and the defendant will be served.  The 
judge may not dismiss the proceedings and discharge a defendant 
charged with an offense requiring the defendant to register under 
Chapter 62[, as added by Chapter 668, Acts of the 75th Legislature, 
Regular Session, 1997].  Except as provided by Section 12.42(g), 
Penal Code, a dismissal and discharge under this section may not be 
deemed a conviction for the purposes of disqualifications or 
disabilities imposed by law for conviction of an offense.  
Notwithstanding any other law, a dismissal and discharge under this 
section may be used only as described by Section 12.42(g), Penal 
Code, or as otherwise described by this subsection.  For any 
defendant who receives a dismissal and discharge under this 
section,[:
		[(1)]  upon conviction of a subsequent offense, the 
fact that the defendant had previously received community 
supervision with a deferred adjudication of guilt shall be 
admissible before the court or jury to be considered on the issue of 
penalty[;
		[(2)  if the defendant is an applicant for a license or 
is a licensee under Chapter 42, Human Resources Code, the Texas 
Department of Human Services may consider the fact that the 
defendant previously has received community supervision with a 
deferred adjudication of guilt under this section in issuing, 
renewing, denying, or revoking a license under that chapter; and
		[(3)  if the defendant is a person who has applied for 
registration to provide mental health or medical services for the 
rehabilitation of sex offenders, the Interagency Council on Sex 
Offender Treatment may consider the fact that the defendant has 
received community supervision under this section in issuing, 
renewing, denying, or revoking a license or registration issued by 
that council].
	SECTION 2.   (a)  The change in law made by this Act applies 
only to a defendant placed on deferred adjudication for an offense 
committed on or after the effective date of this Act.  For purposes 
of this section, an offense is committed before the effective date 
of this Act if any element of the offense occurs before that date.
	(b)  A defendant placed on deferred adjudication for an 
offense committed before the effective date of this Act is covered 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.
	SECTION 3.   This Act takes effect September 1, 2005.