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A BILL TO BE ENTITLED
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AN ACT
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relating to the consequences of successfully completing a period of |
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deferred adjudication community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(c), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) On expiration of a community supervision period imposed |
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under Subsection (a) of this section, if the judge has not proceeded |
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to adjudication of guilt, the judge shall dismiss the proceedings |
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against the defendant and discharge him. The judge may dismiss the |
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proceedings and discharge a defendant, other than a defendant |
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charged with an offense requiring the defendant to register as a sex |
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offender under Chapter 62[, as added by Chapter 668, Acts of the
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75th Legislature, Regular Session, 1997], prior to the expiration |
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of the term of community supervision if in the judge's opinion the |
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best interest of society and the defendant will be served. The |
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judge may not dismiss the proceedings and discharge a defendant |
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charged with an offense requiring the defendant to register under |
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Chapter 62[, as added by Chapter 668, Acts of the 75th Legislature,
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Regular Session, 1997]. Except as provided by Section 12.42(g), |
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Penal Code, a dismissal and discharge under this section may not be |
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deemed a conviction for the purposes of disqualifications or |
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disabilities imposed by law for conviction of an offense. |
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Notwithstanding any other law, a dismissal and discharge under this |
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section may be used only as described by Section 12.42(g), Penal |
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Code, or as otherwise described by this subsection. For any |
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defendant who receives a dismissal and discharge under this |
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section,[:
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[(1)] upon conviction of a subsequent offense, the |
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fact that the defendant had previously received community |
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supervision with a deferred adjudication of guilt shall be |
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admissible before the court or jury to be considered on the issue of |
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penalty[;
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[(2)
if the defendant is an applicant for a license or
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is a licensee under Chapter 42, Human Resources Code, the Texas
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Department of Human Services may consider the fact that the
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defendant previously has received community supervision with a
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deferred adjudication of guilt under this section in issuing,
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renewing, denying, or revoking a license under that chapter; and
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[(3)
if the defendant is a person who has applied for
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registration to provide mental health or medical services for the
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rehabilitation of sex offenders, the Interagency Council on Sex
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Offender Treatment may consider the fact that the defendant has
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received community supervision under this section in issuing,
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renewing, denying, or revoking a license or registration issued by
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that council]. |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant placed on deferred adjudication for an offense |
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committed on or after the effective date of this Act. A defendant |
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placed on deferred adjudication for an offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |