82R3019 JSC-D
By: Dutton H.B. No. 542
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), 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, 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.
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)(1), Penal Code, or as otherwise
described by this subsection. A dismissal and discharge under this
section may not be used as grounds for denying housing, employment,
or a professional license to an individual who is otherwise
entitled to or qualified for the housing, employment, or license.
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
Department of Family and Protective 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 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 community
supervision for an offense committed on or after the effective date
of this Act. A defendant placed on deferred adjudication community
supervision 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, 2011.