Texas 2009 - 81st Regular

Texas House Bill HB940 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R737 HLT-D
2	2	By: Dutton H.B. No. 940
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consequences of successfully completing a period of
8	8	deferred adjudication community supervision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5(c), Article 42.12, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(c) On expiration of a community supervision period imposed
13	13	under Subsection (a) of this section, if the judge has not proceeded
14	14	to adjudication of guilt, the judge shall dismiss the proceedings
15	15	against the defendant and discharge him. The judge may dismiss the
16	16	proceedings and discharge a defendant, other than a defendant
17	17	charged with an offense requiring the defendant to register as a sex
18	18	offender under Chapter 62[, as added by Chapter 668, Acts of the
19	19	75th Legislature, Regular Session, 1997], prior to the expiration
20	20	of the term of community supervision if in the judge's opinion the
21	21	best interest of society and the defendant will be served. The
22	22	judge may not dismiss the proceedings and discharge a defendant
23	23	charged with an offense requiring the defendant to register under
24	24	Chapter 62[, as added by Chapter 668, Acts of the 75th Legislature,
25	25	Regular Session, 1997]. Except as provided by Section 12.42(g),
26	26	Penal Code, a dismissal and discharge under this section may not be
27	27	deemed a conviction for the purposes of disqualifications or
28	28	disabilities imposed by law for conviction of an offense.
29	29	Notwithstanding any other law, a dismissal and discharge under this
30	30	section may be used only as described by Section 12.42(g), Penal
31	31	Code, or as otherwise described by this subsection. For any
32	32	defendant who receives a dismissal and discharge under this
33	33	section,[:
34	34	[(1)] upon conviction of a subsequent offense, the
35	35	fact that the defendant had previously received community
36	36	supervision with a deferred adjudication of guilt shall be
37	37	admissible before the court or jury to be considered on the issue of
38	38	penalty[;
39	39	[(2) if the defendant is an applicant for a license or
40	40	is a licensee under Chapter 42, Human Resources Code, the Texas
41	41	Department of Human Services may consider the fact that the
42	42	defendant previously has received community supervision with a
43	43	deferred adjudication of guilt under this section in issuing,
44	44	renewing, denying, or revoking a license under that chapter; and
45	45	[(3) if the defendant is a person who has applied for
46	46	registration to provide mental health or medical services for the
47	47	rehabilitation of sex offenders, the Interagency Council on Sex
48	48	Offender Treatment may consider the fact that the defendant has
49	49	received community supervision under this section in issuing,
50	50	renewing, denying, or revoking a license or registration issued by
51	51	that council].
52	52	SECTION 2. The change in law made by this Act applies only
53	53	to a defendant placed on deferred adjudication for an offense
54	54	committed on or after the effective date of this Act. A defendant
55	55	placed on deferred adjudication for an offense committed before the
56	56	effective date of this Act is covered by the law in effect when the
57	57	offense was committed, and the former law is continued in effect for
58	58	that purpose. For purposes of this section, an offense was
59	59	committed before the effective date of this Act if any element of
60	60	the offense was committed before that date.
61	61	SECTION 3. This Act takes effect September 1, 2009.