HBA-SEP H.B. 991 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 991
By: Dutton
Criminal Jurisprudence
3/19/2001
Introduced



BACKGROUND AND PURPOSE 

When a defendant successfully completes a period of deferred adjudication
probation, the court dismisses the charge, discharges the defendant, and no
finding of guilt is made.  However, even though successful completion of
deferred adjudication probation is not a conviction, housing applications
and employment opportunities are being denied on the basis of a prior
receipt of deferred adjudication.  House Bill 991 authorizes a defendant's
successful completion of deferred adjudication to be used only in regard to
penalties for repeat and habitual felony offenders or as otherwise
described  by deferred adjudication.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 991 amends the Code of Criminal Procedure to remove provisions
authorizing the: 

_Texas Department of Human Services to consider, in issuing, renewing,
denying, or revoking a license under the regulation of certain facilities,
homes, and agencies that provide child care, that a defendant has
previously received community service with a deferred adjudication of
guilt; and 

_Interagency Council on Sex Offender Treatment to consider, in issuing,
renewing, denying, or revoking a license or registration issued by that
council, that a defendant who has applied for registration to provide
mental health or medical service for the rehabilitation of sex offenders
has previously received community service with a deferred adjudication of
guilt. 

The bill authorizes a dismissal or discharge under community supervision to
only be used as described by penalties for repeat and habitual felony
offenders or as otherwise described  by deferred adjudication.  

EFFECTIVE DATE

September 1, 2001.