Bill Text: TX HB757 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the consequences of receiving a grant of deferred adjudication community supervision and successfully completing the period of supervision.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB757 Detail]
Download: Texas-2021-HB757-Enrolled.html
| H.B. No. 757 | ||
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| relating to the consequences of receiving a grant of deferred | ||
| adjudication community supervision and successfully completing the | ||
| period of 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) Subject to Subsection (d), an offense for which the | ||
| defendant received a dismissal and discharge under this article may | ||
| not be used as grounds for denying issuance of a professional or | ||
| occupational license or certificate to, or suspending or revoking | ||
| the professional or occupational license or certificate of, an | ||
| individual otherwise entitled to or qualified for the license or | ||
| certificate. | ||
| (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; [ |
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| (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; | ||
| and | ||
| (4) if the defendant is an applicant for or the holder | ||
| of a professional or occupational license or certificate, the | ||
| licensing agency may consider the fact that the defendant | ||
| previously has received deferred adjudication community | ||
| supervision in issuing, renewing, denying, or revoking a license or | ||
| certificate if: | ||
| (A) the defendant was placed on deferred | ||
| adjudication community supervision for an offense: | ||
| (i) listed in Article 42A.054(a); | ||
| (ii) described by Article 62.001(5) or (6); | ||
| (iii) committed under Chapter 21 or 43, | ||
| Penal Code; or | ||
| (iv) related to the activity or conduct for | ||
| which the person seeks or holds the license; | ||
| (B) the profession for which the defendant holds | ||
| or seeks a license or certificate involves direct contact with | ||
| children in the normal course of official duties or duties for which | ||
| the license or certification is required; or | ||
| (C) the defendant is an applicant for or the | ||
| holder of a license or certificate issued under Chapter 1701, | ||
| Occupations Code. | ||
| 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, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 757 was passed by the House on May 7, | ||
| 2021, by the following vote: Yeas 141, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 757 on May 28, 2021, by the following vote: Yeas 146, Nays 0, 1 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 757 was passed by the Senate, with | ||
| amendments, on May 26, 2021, by the following vote: Yeas 30, Nays | ||
| 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
