81R737 HLT-D
By: Dutton H.B. No. 940
A BILL TO BE ENTITLED
AN ACT
relating to the consequences of successfully completing a period of
deferred adjudication community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) On expiration of a community supervision period imposed
under Subsection (a) of this section, if the judge has not proceeded
to adjudication of guilt, the judge shall dismiss the proceedings
against the defendant and discharge him. The judge may dismiss the
proceedings and discharge a defendant, other than a defendant
charged with an offense requiring the defendant to register as a sex
offender under Chapter 62[, as added by Chapter 668, Acts of the
75th Legislature, Regular Session, 1997], prior to the expiration
of the term of community supervision if in the judge's opinion the
best interest of society and the defendant will be served. The
judge may not dismiss the proceedings and discharge a defendant
charged with an offense requiring the defendant to register under
Chapter 62[, as added by Chapter 668, Acts of the 75th Legislature,
Regular Session, 1997]. Except as provided by Section 12.42(g),
Penal Code, a dismissal and discharge under this section may not be
deemed a conviction for the purposes of disqualifications or
disabilities imposed by law for conviction of an offense.
Notwithstanding any other law, a dismissal and discharge under this
section may be used only as described by Section 12.42(g), Penal
Code, or as otherwise described by this subsection. For any
defendant who receives a dismissal and discharge under this
section,[:
[(1)] upon conviction of a subsequent offense, the
fact that the defendant had previously received community
supervision with a deferred adjudication of guilt shall be
admissible before the court or jury to be considered on the issue of
penalty[;
[(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision with a
deferred adjudication of guilt under this section in issuing,
renewing, denying, or revoking a license under that chapter; and
[(3) if the defendant is a person who has applied for
registration to provide mental health or medical services for the
rehabilitation of sex offenders, the Interagency Council on Sex
Offender Treatment may consider the fact that the defendant has
received community supervision under this section in issuing,
renewing, denying, or revoking a license or registration issued by
that council].
SECTION 2. The change in law made by this Act applies only
to a defendant placed on deferred adjudication for an offense
committed on or after the effective date of this Act. A defendant
placed on deferred adjudication for an offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense was committed before that date.
SECTION 3. This Act takes effect September 1, 2009.