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.