83R912 JSC-D
By: Dutton H.B. No. 321
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 the defendant [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, 2013.