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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of a veterans treatment court |
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program and the eligibility for deferred adjudication community |
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supervision of certain defendants who are eligible to participate |
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in a veterans treatment court program and who committed certain |
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intoxication offenses and the conditions of that supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.102, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) In all other cases, the judge may grant deferred |
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adjudication community supervision unless: |
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(1) the defendant is charged with an offense: |
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(A) under Section 49.045, 49.07, or 49.08 |
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[Sections 49.04-49.08], Penal Code; [or] |
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(B) under Section 49.04, 49.05, 49.06, or 49.065, |
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Penal Code, if, at the time of the offense, the defendant held a |
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commercial driver's license or a commercial learner's permit; |
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(C) for which punishment may be increased under |
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Section 49.09, Penal Code; or |
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(D) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
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victim, or a felony described by Article 42A.453(b); and |
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(B) has previously been placed on community |
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supervision for an offense under Paragraph (A); |
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(3) the defendant is charged with an offense under: |
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(A) Section 21.02, Penal Code; or |
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(B) Section 22.021, Penal Code, that is |
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punishable under Subsection (f) of that section or under Section |
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12.42(c)(3) or (4), Penal Code; or |
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(4) the defendant is charged with an offense under |
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Section 19.02, Penal Code, except that the judge may grant deferred |
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adjudication community supervision on determining that the |
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defendant did not cause the death of the deceased, did not intend to |
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kill the deceased or another, and did not anticipate that a human |
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life would be taken. |
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(c) A judge may grant deferred adjudication community |
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supervision to a defendant charged with an offense under Section |
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49.04, 49.05, 49.06, or 49.065, Penal Code, only if: |
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(1) the defendant is eligible to participate in a |
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veterans treatment court program under Section 124.002, Government |
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Code; and |
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(2) the judge requires as a condition of community |
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supervision that the defendant successfully complete a veterans |
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treatment court program under Chapter 124, Government Code. |
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SECTION 2. Article 42A.408, Code of Criminal Procedure, is |
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amended by adding Subsection (e-1) to read as follows: |
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(e-1) A judge granting deferred adjudication community |
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supervision to a defendant for an offense under Section 49.04, |
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49.05, 49.06, or 49.065, Penal Code, may require that the defendant |
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as a condition of community supervision have an ignition interlock |
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device installed on the motor vehicle owned by the defendant or on |
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the vehicle most regularly driven by the defendant and that the |
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defendant not operate for a period of at least six months any motor |
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vehicle that is not equipped with that device. |
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SECTION 3. Section 124.003(b), Government Code, is amended |
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to read as follows: |
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(b) A veterans treatment court program established under |
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this chapter shall make, establish, and publish local procedures to |
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ensure maximum participation of eligible defendants in the program |
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[county or counties in which those defendants reside]. |
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SECTION 4. Sections 124.006(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) A veterans treatment court program that accepts |
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placement of a defendant may transfer responsibility for |
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supervising the defendant's participation in the program to another |
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veterans treatment court program that is located in the county |
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where the defendant works or resides or in a county adjacent to the |
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county where the defendant works or resides. The defendant's |
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supervision may be transferred under this section only with the |
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consent of both veterans treatment court programs and the |
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defendant. |
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(d) If a defendant is charged with an offense in a county |
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that does not operate a veterans treatment court program, the court |
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in which the criminal case is pending may place the defendant in a |
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veterans treatment court program located in the county where the |
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defendant works or resides or in a county adjacent to the county |
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where the defendant works or resides, provided that a program is |
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operated in that county and the defendant agrees to the placement. |
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A defendant placed in a veterans treatment court program in |
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accordance with this subsection must agree to abide by all rules, |
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requirements, and instructions of the program. The court may |
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enforce the rules, requirements, and instructions of the program. |
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SECTION 5. Section 411.072(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person who: |
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(1) was placed on deferred adjudication community |
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supervision under Subchapter C, Chapter 42A, Code of Criminal |
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Procedure, for a misdemeanor other than a misdemeanor: |
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(A) under Chapter 20, 21, 22, 25, 42, 43, 46, 49, |
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or 71, Penal Code; or |
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(B) with respect to which an affirmative finding |
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under Article 42A.105(f), Code of Criminal Procedure, or former |
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Section 5(k), Article 42.12, Code of Criminal Procedure, was filed |
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in the papers of the case; and |
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(2) has never been previously convicted of or placed |
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on deferred adjudication community supervision for another offense |
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other than a traffic offense that is punishable by fine only. |
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SECTION 6. Section 411.0725(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, Code of Criminal Procedure, who: |
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(1) is not eligible to receive an order of |
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nondisclosure of criminal history record information under Section |
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411.072; and |
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(2) was placed on deferred adjudication community |
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supervision for an offense other than an offense under Chapter 49, |
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Penal Code. |
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SECTION 7. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0726 to read as follows: |
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Sec. 411.0726. PROCEDURE FOR DEFERRED ADJUDICATION |
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COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED |
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MISDEMEANORS. (a) This section applies only to a person who was |
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placed on deferred adjudication community supervision under |
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Subchapter C, Chapter 42A, Code of Criminal Procedure, for a |
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misdemeanor: |
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(1) under Section 49.04, Penal Code; and |
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(2) with respect to which no affirmative finding under |
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Article 42A.105(f), Code of Criminal Procedure, was filed in the |
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papers of the case. |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a person may petition the court that placed the |
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person on deferred adjudication community supervision for an order |
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of nondisclosure if the person: |
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(1) receives a discharge and dismissal under Article |
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42A.111, Code of Criminal Procedure; |
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(2) satisfies the requirements of Section 411.074; and |
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(3) has never been previously convicted of or placed |
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on deferred adjudication community supervision for another |
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offense, other than a traffic offense that is punishable by fine |
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only. |
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(c) A petition for an order of nondisclosure of criminal |
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history record information filed under this section must include |
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evidence that the person is entitled to file the petition. |
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(d) Except as provided by Subsection (e), after notice to |
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the state, an opportunity for a hearing, and a determination that |
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the person is entitled to file the petition and issuance of an order |
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of nondisclosure of criminal history record information is in the |
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best interest of justice, the court shall issue an order |
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prohibiting criminal justice agencies from disclosing to the public |
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criminal history record information related to the offense giving |
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rise to the deferred adjudication community supervision. |
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(e) A court may not issue an order of nondisclosure of |
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criminal history record information under this section if the |
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attorney representing the state presents evidence sufficient to the |
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court demonstrating that the commission of the offense for which |
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the order is sought resulted in a motor vehicle accident involving |
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another person, including a passenger in a motor vehicle operated |
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by the person seeking the order of nondisclosure. |
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(f) A person may petition the court that placed the person |
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on deferred adjudication community supervision for an order of |
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nondisclosure of criminal history record information under this |
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section only on or after: |
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(1) the second anniversary of the date of completion |
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of the deferred adjudication community supervision and the |
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discharge and dismissal of the case, if the person successfully |
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complied with a condition of community supervision that, for a |
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period of not less than six months, restricted the person's |
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operation of a motor vehicle to a motor vehicle equipped with an |
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ignition interlock device; or |
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(2) the fifth anniversary of the date of completion of |
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the deferred adjudication community supervision and the discharge |
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and dismissal of the case, if the court that placed the person on |
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deferred adjudication community supervision did not order the |
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person to comply with a condition of community supervision |
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described by Subdivision (1) for the period described by that |
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subdivision. |
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SECTION 8. Section 411.0727(e), Government Code, is amended |
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to read as follows: |
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(e) A person is not entitled to petition the court for an |
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order of nondisclosure of criminal history record information under |
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this section if the person's entry into the veterans treatment |
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court program arose as the result of placement on deferred |
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adjudication community supervision or a conviction for [of] an |
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offense involving the operation of a motor vehicle while |
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intoxicated. |
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SECTION 9. Section 49.09(g), Penal Code, is amended to read |
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as follows: |
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(g) A conviction may be used for purposes of enhancement |
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under this section or enhancement under Subchapter D, Chapter 12, |
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but not under both this section and Subchapter D. For purposes of |
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this section, a person is considered to have been convicted of an |
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offense under Section 49.04, 49.05, 49.06, or 49.065 if the person |
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was placed on deferred adjudication community supervision for the |
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offense under Article 42A.102, Code of Criminal Procedure. |
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SECTION 10. The changes in law made by this Act to Articles |
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42A.102 and 42A.408, Code of Criminal Procedure, apply only to the |
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eligibility for deferred adjudication community supervision of a |
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defendant for an offense committed on or after the effective date of |
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this Act. The eligibility for deferred adjudication community |
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supervision of a defendant for an offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 11. The change in law made by this Act to Section |
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49.09, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 12. This Act takes effect September 1, 2019. |