By: Dutton H.B. No. 183
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. Article 42A.111, Code of Criminal Procedure, is
amended by adding Subsection (c-1) and amending Subsection (d) to
read as follows:
(c-1) A dismissal and discharge under this article may not
be used as grounds for denying or revoking an individual's
professional or occupational license if the individual is otherwise
entitled to or qualified for the license, unless the offense that is
the subject of the dismissal and discharge:
(1) was an offense:
(A) under Chapter 21 or 43, Penal Code; or
(B) listed in Article 42A.054 or 62.001(5) of
this code; or
(2) relates to the profession or occupation for which
the individual holds or is seeking a license.
(d) For any defendant who receives a dismissal and discharge
under this article, [:
[(1)] on conviction of a subsequent offense, the fact
that the defendant previously has received deferred adjudication
community supervision is admissible before the court or jury for
consideration on the issue of penalty[;
[(2) if the defendant is an applicant for or the holder
of a license under Chapter 42, Human Resources Code, the Department
of Family and Protective Services may consider the fact that the
defendant previously has received deferred adjudication community
supervision in issuing, renewing, denying, or revoking a license
under that chapter; and
[(3) if the defendant is an applicant for or the holder
of a license 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 previously has
received deferred adjudication community supervision in issuing,
renewing, denying, or revoking a license 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 governed by the law in effect on the date 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, 2017.