Amend CSHB 1790 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  (a) 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), if the judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge the defendant [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, 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. 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)(1), Penal Code, or as otherwise described by this subsection. A dismissal and discharge under this section may not be used as grounds for denying housing, employment, or a professional license to an individual who is otherwise entitled to or qualified for the housing, employment, or license. 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 Department of Family and Protective 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 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].

(b)  The change in law made by this section applies only to a defendant placed on deferred adjudication community supervision for an offense committed on or after September 1, 2013. A defendant placed on deferred adjudication community supervision for an offense committed before September 1, 2013, is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before September 1, 2013, if any element of the offense was committed before that date.