HBA-SEB H.B. 757 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 757
By: Dutton
Criminal Jurisprudence
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a defendant who successfully completes a period of deferred
adjudication community supervision and who is dismissed of the charge by
the judge is not considered to have been convicted of a felony.   Although
the defendant is cleared of the charge, such information may disqualify the
defendant when seeking housing or employment.  H.B. 757 prohibits a
dismissal and discharge issued by a judge for a defendant on community
supervision from disqualifying a person seeking housing or employment,
notwithstanding any other law. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5(c), Article 42.12, Code of Criminal Procedure,
to prohibit a dismissal and discharge issued by a judge under this section
(Community Supervision) from disqualifying a person seeking housing or
employment, notwithstanding any other law. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.