Relating to the consequences of successfully completing a period of deferred adjudication community supervision.
Impact
By clarifying that a dismissal and discharge under this section shall not be treated as a conviction for purposes of disqualifications or disabilities imposed by law, the bill seeks to enhance the post-supervision opportunities for individuals who have completed their community requirements. Moreover, the bill specifies that this dismissal cannot be used as grounds for denying housing, employment, or professional licenses, which aligns with efforts to reduce the long-term impacts of criminal charges on defendants' socio-economic status. This change is especially significant for individuals seeking reintegration into society following their supervision.
Summary
House Bill 476 focuses on the consequences of successfully completing a period of deferred adjudication community supervision. The bill amends Article 42.12 of the Texas Code of Criminal Procedure, specifically addressing conditions under which a judge may dismiss proceedings against a defendant who has completed their community supervision period without a formal adjudication of guilt. The changes aim to outline the rights of defendants upon dismissal, particularly concerning their ability to obtain housing, employment, or professional licenses following such a dismissal.
Contention
One point of contention within legislative discussions surrounding HB 476 involves the balance between the judicial system's need for oversight and the rights of defendants under deferred adjudication. Critics may argue that while the provisions aim to assist individuals in moving forward without the stigma of a conviction, there remain concerns about public safety and the ability of judges to exercise discretion appropriately. Furthermore, the potential implications for licensing boards, particularly regarding sensitive positions, have raised discussions about adequate safeguards and assessments that should consider all aspects of a candidate's background.
Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to orders of nondisclosure of criminal history record information for certain misdemeanor defendants following successful completion of a period of deferred adjudication community supervision.
Relating to employment and retirement consequences for an educator convicted of or placed on deferred adjudication community supervision for the sale, distribution, or display of harmful material to a minor.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to employment and retirement consequences for an educator convicted of or placed on deferred adjudication community supervision for the sale, distribution, or display of harmful material to a minor.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.