Bill Text: TX HB757 | 2021-2022 | 87th Legislature | Enrolled

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

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB757 Detail]

Download: Texas-2021-HB757-Enrolled.html

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H.B. No. 757

AN ACT
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; [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;
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