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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a certificate of relief from collateral |
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consequences to certain persons placed on community supervision, |
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including 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. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 68 to read as follows: |
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CHAPTER 68. CERTIFICATE OF RELIEF FROM COLLATERAL CONSEQUENCES |
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Art. 68.001. DEFINITIONS. In this chapter: |
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(1) "Certificate" means a certificate of relief from |
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collateral consequences issued under this chapter. |
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(2) "Collateral consequence" means, as an indirect |
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consequence of a person's criminal history record information, the |
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revocation, suspension, or denial of licensure under Section |
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53.021, Occupations Code. |
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(3) "Criminal history record information" has the |
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meaning assigned by Section 411.082, Government Code. |
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Art. 68.002. ELIGIBILITY. Except as otherwise provided by |
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this article, a person is eligible for a certificate if the person |
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satisfactorily completed: |
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(1) a term of deferred adjudication community |
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supervision and the judge has dismissed the proceedings and |
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discharged the person under Article 42A.111; or |
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(2) a term of community supervision and the person's |
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conviction is set aside under Article 42A.701. |
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Art. 68.003. PROVISION OF CERTIFICATE. The court shall |
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provide a certificate to an eligible individual not later than the |
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30th day after the date the court receives verification that the |
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person has satisfactorily completed the eligibility requirements, |
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as provided by Article 68.002. |
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Art. 68.004. CONTENT OF CERTIFICATE. A certificate must |
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state that the recipient has completed a term of community |
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supervision and all requirements imposed by the court related to |
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the offense and is relieved of all penalties, disqualifications, |
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and disabilities resulting from the offense. |
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Art. 68.005. EFFECT OF CERTIFICATE. (a) If a person has |
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met the eligibility requirements under Article 68.002, the person's |
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criminal history record information for the offense that is the |
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subject of the certificate may not be used as grounds for denying, |
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suspending, or revoking a professional or occupational license to |
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the person, provided that the person is otherwise qualified for the |
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license, unless the offense that is the subject of the certificate: |
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(1) was an offense: |
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(A) under Chapter 21 or 43, Penal Code; or |
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(B) listed in Article 42A.054 or 62.001(5) or |
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(6), Code of Criminal Procedure; or |
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(2) relates to the profession or occupation for which |
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the person holds or is seeking a license. |
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(b) If a licensing authority is prohibited by law from |
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granting a specific occupational license to a person who has been |
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convicted of or placed on deferred adjudication community |
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supervision for a specific offense, a certificate does not overcome |
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that prohibition. |
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(c) Subsection (a) does not apply to a professional license |
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issued under Subtitle A, Title 5, or Title 10, Occupations Code. An |
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agency that issues licenses under those provisions shall comply |
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with Sections 53.022 and 53.023 of that code in determining whether |
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a person qualifies for a license. |
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(d) Subsection (a) does not prohibit a licensing agency from |
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restricting a person to a provisional or probationary license. |
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Art. 68.006. NULLIFICATION OF CERTIFICATE. The effect of a |
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person's certificate is nullified if the appropriate licensing |
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authority finds that the person, after receiving the certificate, |
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has committed an offense that is a Class A misdemeanor or higher |
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category of offense. |
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SECTION 2. The change in law made by this Act applies to a |
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person eligible for a certificate under Article 68.002, Code of |
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Criminal Procedure, as added by this Act, regardless of whether the |
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person completed a term of community supervision before, on, or |
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after that date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |