Bill Text: TX HB574 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to the consequences of successfully completing a period of deferred adjudication community supervision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-04-29 - Referred to Criminal Justice [HB574 Detail]

Download: Texas-2019-HB574-Engrossed.html
  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.
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