Texas 2019 - 86th Regular

Texas House Bill HB574 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R19407 JSC-D
2	2		By: Dutton H.B. No. 574
	3	+	Substitute the following for H.B. No. 574:
	4	+	By: Morales C.S.H.B. No. 574
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the consequences of successfully completing a period of
8	10		deferred adjudication community supervision.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Article 42A.111, Code of Criminal Procedure, is
11	13		amended by adding Subsections (c-1) and (c-2) and amending
12	14		Subsection (d) to read as follows:
13	15		(c-1) Notwithstanding any other law, an offense for which
14	16		the defendant received a dismissal and discharge under this article
15	17		may be used only as described by Section 12.42(g)(1), Penal Code, or
16	18		as otherwise described by this article. Subject to Subsection
17	19		(c-2), an offense for which the defendant received a dismissal and
18	20		discharge under this article may not be used as grounds for:
19	21		(1) denying housing or employment to, or terminating
20	22		the existing housing or employment of, an individual otherwise
21	23		entitled to or qualified for the housing or employment; or
22	24		(2) denying issuance of a professional or occupational
23	25		license to, or suspending or revoking the professional or
24	26		occupational license of, an individual otherwise entitled to or
25	27		qualified for the license.
26	28		(c-2) An offense for which the defendant received a
27	29		discharge and dismissal under this article may be used as grounds
28	30		for:
29	31		(1) denying or terminating housing or employment, if
30	32		the offense is:
31	33		(A) listed in Article 42A.054(a);
32	34		(B) described by Article 62.001(5) or (6); or
33	35		(C) committed under Chapter 21 or 43, Penal Code;
34	36		or
35	37		(2) denying, suspending, or revoking a professional or
36	38		occupational license, if the offense is:
37	39		(A) described by Subdivision (1)(A), (B), or (C);
38	40		or
39	41		(B) related to the activity or conduct for which
40	42		the person seeks or holds the license.
41	43		(d) For any defendant who receives a dismissal and discharge
42	44		under this article, [:
43	45		[(1)] on conviction of a subsequent offense, the fact
44	46		that the defendant previously has received deferred adjudication
45	47		community supervision is admissible before the court or jury for
46	48		consideration on the issue of penalty[;
47	49		[(2) if the defendant is an applicant for or the holder
48	50		of a license under Chapter 42, Human Resources Code, the Department
49	51		of Family and Protective Services may consider the fact that the
50	52		defendant previously has received deferred adjudication community
51	53		supervision in issuing, renewing, denying, or revoking a license
52	54		under that chapter; and
53	55		[(3) if the defendant is an applicant for or the holder
54	56		of a license to provide mental health or medical services for the
55	57		rehabilitation of sex offenders, the Council on Sex Offender
56	58		Treatment may consider the fact that the defendant previously has
57	59		received deferred adjudication community supervision in issuing,
58	60		renewing, denying, or revoking a license issued by that council].
59	61		SECTION 2. The change in law made by this Act applies only
60	62		to a defendant placed on deferred adjudication community
61	63		supervision for an offense committed on or after the effective date
62	64		of this Act. A defendant placed on deferred adjudication community
63	65		supervision for an offense committed before the effective date of
64	66		this Act is governed by the law in effect on the date the offense was
65	67		committed, and the former law is continued in effect for that
66	68		purpose. For purposes of this section, an offense was committed
67	69		before the effective date of this Act if any element of the offense
68	70		was committed before that date.
69	71		SECTION 3. This Act takes effect September 1, 2019.