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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), if the judge has not proceeded to |
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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, prior to the expiration of the term of |
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community supervision if in the judge's opinion the best interest |
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of society and the defendant will be served. The judge may not |
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dismiss the proceedings and discharge a defendant charged with an |
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offense requiring the defendant to register under Chapter 62. |
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Except as provided by Section 12.42(g), Penal Code, a dismissal and |
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discharge under this section may not be deemed a conviction for the |
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purposes of disqualifications or disabilities imposed by law for |
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conviction of an offense. Notwithstanding any other law, a |
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dismissal and discharge under this section may be used only as |
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described by Section 12.42(g)(1), Penal Code, or as otherwise |
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described by this subsection. A dismissal and discharge under this |
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section may not be used as grounds for denying housing, employment, |
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or a professional license to an individual who is otherwise |
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entitled to or qualified for the housing, employment, or license. |
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For any 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
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Department of Family and Protective Services may consider the fact
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that the defendant previously has received community supervision
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with a deferred adjudication of guilt under this section in
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issuing, renewing, denying, or revoking a license under that
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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 Council on Sex Offender
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Treatment may consider the fact that the defendant has received
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community supervision under this section in issuing, renewing,
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denying, or revoking a license or registration issued by that
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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 community |
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supervision for an offense committed on or after the effective date |
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of this Act. A defendant placed on deferred adjudication community |
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supervision for an offense committed before the effective date of |
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this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |