79R6592 PEP-F

By:  Allen of Dallas                                              H.B. No. 1922



A BILL TO BE ENTITLED

AN ACT

relating to deferred adjudication community supervision for 
certain defendants who enter a drug court program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 42.12, Code of Criminal Procedure, is 
amended by adding Section 5A to read as follows:
	Sec. 5A.  DRUG COURT PROGRAM DEFERRED ADJUDICATION.  
Notwithstanding any contrary provision of Section 5, if a defendant 
enters a drug court program established under Chapter 469, Health 
and Safety Code, based on a charge that the defendant committed an 
offense under Chapter 481, Health and Safety Code, punishable as a 
state jail felony, the judge shall place the defendant on deferred 
adjudication community supervision.  If the defendant does not 
violate a condition of the community supervision and successfully 
completes the drug court program, the judge shall:
		(1)  dismiss the proceedings against the defendant and 
discharge the defendant; and
		(2)  issue an order of nondisclosure under Section 
411.081, Government Code, with respect to the charge against the 
defendant, provided the defendant is otherwise eligible for the 
order.
	SECTION 2.  The change in law made by this Act applies only 
to  a defendant charged with an offense committed on or after the 
effective date of this Act.  A defendant charged with an offense 
committed before the effective date of this Act is governed by the 
law in effect when the offense was committed, and the former law is 
continued in effect for that purpose.  For purposes of this section, 
an offense was committed before the effective date of this Act if 
any element of the offense was committed before that date.
	SECTION 3.  This Act takes effect September 1, 2005.