| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
|
| |
|
|
relating to the consequences of successfully completing a period of |
|
|
deferred adjudication community supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 42A.111, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (c-1) and amending Subsection (d) to |
|
|
read as follows: |
|
|
(c-1) A dismissal and discharge under this article may not |
|
|
be used as grounds for denying or revoking an individual's |
|
|
professional or occupational license if the individual is otherwise |
|
|
entitled to or qualified for the license, unless the offense that is |
|
|
the subject of the dismissal and discharge: |
|
|
(1) was an offense: |
|
|
(A) under Chapter 21 or 43, Penal Code; or |
|
|
(B) listed in Article 42A.054 or 62.001(5) of |
|
|
this code; or |
|
|
(2) relates to the profession or occupation for which |
|
|
the individual holds or is seeking a license. |
|
|
(d) For any defendant who receives a dismissal and discharge |
|
|
under this article, [:
|
|
|
[(1)] on conviction of a subsequent offense, the fact |
|
|
that the defendant previously has received deferred adjudication |
|
|
community supervision is admissible before the court or jury for |
|
|
consideration on the issue of penalty[;
|
|
|
[(2)
if the defendant is an applicant for or the holder
|
|
|
of a license under Chapter 42, Human Resources Code, the Department
|
|
|
of Family and Protective Services may consider the fact that the
|
|
|
defendant previously has received deferred adjudication community
|
|
|
supervision in issuing, renewing, denying, or revoking a license
|
|
|
under that chapter; and
|
|
|
[(3)
if the defendant is an applicant for or the holder
|
|
|
of a license 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 previously has
|
|
|
received deferred adjudication community supervision in issuing,
|
|
|
renewing, denying, or revoking a license issued by that council]. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a defendant placed on deferred adjudication community |
|
|
supervision for an offense committed on or after the effective date |
|
|
of this Act. A defendant placed on deferred adjudication community |
|
|
supervision for an offense committed before the effective date of |
|
|
this Act 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 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, 2017. |