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A BILL TO BE ENTITLED
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AN ACT
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relating to the consequences of receiving a grant of deferred |
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adjudication community supervision and successfully completing the |
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period of 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, an offense for which |
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the defendant received a dismissal and discharge under this article |
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may be used only as described by Section 12.42(g)(1), Penal Code, or |
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as otherwise described by this article. Subject to Subsection (d), |
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an offense for which the defendant received a dismissal and |
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discharge under this article may not be used as grounds for denying |
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issuance of a professional or occupational license or certificate |
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to, or suspending or revoking the professional or occupational |
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license or certificate of, an individual otherwise entitled to or |
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qualified for the license or certificate. |
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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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and |
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(4) if the defendant is an applicant for or the holder |
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of a professional or occupational license or certificate, the |
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licensing agency may consider the fact that the defendant |
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previously has received deferred adjudication community |
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supervision in issuing, renewing, denying, or revoking a license or |
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certificate if: |
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(A) the defendant was placed on deferred |
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adjudication community supervision for an offense: |
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(i) listed in Article 42A.054(a); |
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(ii) described by Article 62.001(5) or (6); |
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(iii) committed under Chapter 21 or 43, |
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Penal Code; or |
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(iv) related to the activity or conduct for |
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which the person seeks or holds the license; or |
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(B) the profession for which the person holds or |
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seeks a license or certificate involves direct contact with |
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children in the normal course of official duties or duties for which |
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the license or certification is required. |
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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, 2021. |