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By: Talton (Senate Sponsor - Hinojosa) H.B. No. 1831
(In the Senate - Received from the House May 5, 2005;
May 8, 2005, read first time and referred to Committee on Criminal
Justice; May 20, 2005, reported favorably by the following vote:
Yeas 4, Nays 0; May 20, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the definition of "convicted" for purposes of
eligibility to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.171(4), Government Code, is amended
to read as follows:
(4) "Convicted" means an adjudication of guilt or,
except as provided in Section 411.1711, an order of deferred
adjudication entered against a person by a court of competent
jurisdiction whether or not the imposition of the sentence is
subsequently probated and the person is discharged from community
supervision. The term does not include an adjudication of guilt or
an order of deferred adjudication that has been subsequently:
(A) expunged; or
(B) pardoned under the authority of a state or
federal official.
SECTION 2. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1711 to read as follows:
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171,
if an order of deferred adjudication was entered against the person
on a date not less than 10 years preceding the date of the person's
application for a license under this subchapter unless the order of
deferred adjudication was entered against the person for an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.
SECTION 3. This Act takes effect September 1, 2005.
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