86R19407 JSC-D
By: Dutton H.B. No. 574
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 Subsections (c-1) and (c-2) and amending
Subsection (d) to read as follows:
(c-1) Notwithstanding any other law, an offense for which
the defendant received a dismissal and discharge under this article
may be used only as described by Section 12.42(g)(1), Penal Code, or
as otherwise described by this article. Subject to Subsection
(c-2), an offense for which the defendant received a dismissal and
discharge under this article may not be used as grounds for:
(1) denying housing or employment to, or terminating
the existing housing or employment of, an individual otherwise
entitled to or qualified for the housing or employment; or
(2) denying issuance of a professional or occupational
license to, or suspending or revoking the professional or
occupational license of, an individual otherwise entitled to or
qualified for the license.
(c-2) An offense for which the defendant received a
discharge and dismissal under this article may be used as grounds
for:
(1) denying or terminating housing or employment, if
the offense is:
(A) listed in Article 42A.054(a);
(B) described by Article 62.001(5) or (6); or
(C) committed under Chapter 21 or 43, Penal Code;
or
(2) denying, suspending, or revoking a professional or
occupational license, if the offense is:
(A) described by Subdivision (1)(A), (B), or (C);
or
(B) related to the activity or conduct for which
the person seeks or holds the 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, 2019.