Bill Text: TX HB1426 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the issuance of a certificate of relief from collateral consequences to certain persons placed on community supervision, including deferred adjudication community supervision, for certain criminal offenses.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB1426 Detail]
Download: Texas-2017-HB1426-Comm_Sub.html
Bill Title: Relating to the issuance of a certificate of relief from collateral consequences to certain persons placed on community supervision, including deferred adjudication community supervision, for certain criminal offenses.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB1426 Detail]
Download: Texas-2017-HB1426-Comm_Sub.html
| By: Allen, White (Senate Sponsor - Burton) | H.B. No. 1426 | |
| (In the Senate - Received from the House May 3, 2017; | ||
| May 10, 2017, read first time and referred to Committee on Criminal | ||
| Justice; May 19, 2017, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 7, Nays 1; | ||
| May 19, 2017, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 1426 | By: Whitmire | |
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| relating to the issuance of a certificate of relief from collateral | ||
| consequences to certain persons placed on community supervision, | ||
| including deferred adjudication community supervision, for certain | ||
| criminal offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
| by adding Chapter 68 to read as follows: | ||
| CHAPTER 68. CERTIFICATE OF RELIEF FROM COLLATERAL CONSEQUENCES | ||
| Art. 68.001. DEFINITIONS. In this chapter: | ||
| (1) "Certificate" means a certificate of relief from | ||
| collateral consequences issued under this chapter. | ||
| (2) "Collateral consequence" means, as an indirect | ||
| consequence of a person's criminal history record information, the | ||
| revocation, suspension, or denial of licensure under Section | ||
| 53.021, Occupations Code. | ||
| (3) "Criminal history record information" has the | ||
| meaning assigned by Section 411.082, Government Code. | ||
| Art. 68.002. ELIGIBILITY. Except as otherwise provided by | ||
| this article, a person is eligible for a certificate if the person | ||
| satisfactorily completed: | ||
| (1) a term of deferred adjudication community | ||
| supervision and the judge has dismissed the proceedings and | ||
| discharged the person under Article 42A.111; or | ||
| (2) a term of community supervision and the person's | ||
| conviction is set aside under Article 42A.701. | ||
| Art. 68.003. PROVISION OR DENIAL OF CERTIFICATE. (a) Not | ||
| later than the 30th day after the date the court receives | ||
| verification that an individual has satisfactorily completed the | ||
| eligibility requirements, as provided by Article 68.002, the court | ||
| shall: | ||
| (1) issue the certificate; or | ||
| (2) deny issuance of the certificate and provide the | ||
| specific reason for the denial. | ||
| (b) In determining whether to issue a certificate to an | ||
| eligible individual, the court shall consider the individual's | ||
| conduct and progress following placement on community supervision, | ||
| including: | ||
| (1) the individual's efforts to satisfactorily fulfill | ||
| the conditions of community supervision; | ||
| (2) the individual's satisfactory participation in | ||
| rehabilitative courses or programs, including substance abuse | ||
| treatment, vocational training courses, cognitive intervention, | ||
| anger management courses, high school equivalency programs, or | ||
| other courses or programs, regardless of whether the participation | ||
| was ordered as a condition of community supervision; | ||
| (3) the individual's past or current participation in | ||
| community organizations or programs, including faith-based | ||
| programs, 12-step or similar self-help chemical dependency | ||
| recovery programs, or other pro-social organizations; and | ||
| (4) the individual's education or employment history | ||
| following placement on community supervision, including whether | ||
| the individual is employed or diligently attempting to obtain an | ||
| education or seek employment. | ||
| (c) An individual whose petition for a certificate is denied | ||
| may reapply for the issuance of a certificate relating to the same | ||
| offense after the first anniversary of the denial. | ||
| Art. 68.004. CONTENT OF CERTIFICATE. A certificate must | ||
| state that the recipient has completed a term of community | ||
| supervision and all requirements imposed by the court related to | ||
| the offense and is relieved of all penalties, disqualifications, | ||
| and disabilities resulting from the offense. | ||
| Art. 68.005. EFFECT OF CERTIFICATE. (a) If a person has | ||
| met the eligibility requirements under Article 68.002, the person's | ||
| criminal history record information for the offense that is the | ||
| subject of the certificate may not be used as grounds for denying, | ||
| suspending, or revoking a professional or occupational license to | ||
| the person, provided that the person is otherwise qualified for the | ||
| license, unless the offense that is the subject of the certificate: | ||
| (1) was an offense: | ||
| (A) under Chapter 21 or 43, Penal Code, other | ||
| than an offense under Section 43.02(a) of that code; or | ||
| (B) listed in Article 42A.054 or 62.001(5) or (6) | ||
| of this code; or | ||
| (2) relates to the profession or occupation for which | ||
| the person holds or is seeking a license. | ||
| (b) If a licensing authority is prohibited by law from | ||
| granting a specific occupational license to a person who has been | ||
| convicted of or placed on deferred adjudication community | ||
| supervision for a specific offense, a certificate does not overcome | ||
| that prohibition. | ||
| (c) Subsection (a) does not apply to a professional license | ||
| issued under Subtitle A, Title 5, or Title 10, Occupations Code. An | ||
| agency that issues licenses under those provisions shall comply | ||
| with Sections 53.022 and 53.023 of that code in determining whether | ||
| a person qualifies for a license. | ||
| (d) Subsection (a) does not prohibit a licensing agency from | ||
| restricting a person to a provisional or probationary license. | ||
| Art. 68.006. NULLIFICATION OF CERTIFICATE. The effect of a | ||
| person's certificate is nullified if the appropriate licensing | ||
| authority finds that the person, after receiving the certificate, | ||
| has committed an offense that is a Class A misdemeanor or higher | ||
| category of offense. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
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