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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. Article 42A.111, Code of Criminal Procedure, is |
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amended by adding Subsection (c-1) and amending Subsection (d) to |
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read as follows: |
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(c-1) Notwithstanding any other law, a dismissal and |
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discharge under this article may be used only as described by |
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Section 12.42(g)(1), Penal Code, or as otherwise described by this |
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article. A dismissal and discharge under this article may not be |
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used as grounds for denying housing, employment, or a professional |
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license to an individual who is otherwise entitled to or qualified |
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for the housing, employment, or license. |
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(d) For any defendant who receives a dismissal and discharge |
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under this article, [:
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[(1)] on conviction of a subsequent offense, the fact |
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that the defendant previously has received deferred adjudication |
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community supervision is admissible before the court or jury for |
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consideration on the issue of penalty[;
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[(2)
if the defendant is an applicant for or the holder
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of a license under Chapter 42, Human Resources Code, the Department
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of Family and Protective Services may consider the fact that the
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defendant previously has received deferred adjudication community
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supervision in issuing, renewing, denying, or revoking a license
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under that chapter; and
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[(3)
if the defendant is an applicant for or the holder
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of a license 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 previously has
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received deferred adjudication community supervision in issuing,
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renewing, denying, or revoking a license issued by that 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 governed by the law in effect on the date 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, 2019. |