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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 the defendant [him]. The judge |
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may dismiss the proceedings and discharge a defendant, other than a |
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defendant charged with an offense requiring the defendant to |
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register as a sex offender under Chapter 62, 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. Except as provided by Section 12.42(g), Penal Code, a |
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dismissal and discharge under this section may not be deemed a |
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conviction for the purposes of disqualifications or disabilities |
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imposed by law for conviction of an offense. Notwithstanding any |
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other law, a dismissal and discharge under this section may be used |
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only as described by Section 12.42(g)(1), Penal Code, or as |
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otherwise described by this subsection. A dismissal and discharge |
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under this section may not be used as grounds for denying housing, |
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employment, or a professional license to an individual who is |
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otherwise entitled to or qualified for the housing, employment, or |
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license. For any defendant who receives a dismissal and discharge |
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under this 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, 2013. |