Texas HB 2730 2009 CHL changes

[Rio Laxas]

So I've been reading the text of HB 2730, and I am a little confused by one of the changes. It states:

http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02730F.pdf

(4)"Convicted" means an adjudication of guilt or,
except as provided in Section 411.1711, an order of deferred
adjudication entered against a person by a court of competent
jurisdiction whether or not the imposition of the sentence is
subsequently probated and the person is discharged from community
supervision. The term does not include an adjudication of guilt or
an order of deferred adjudication that has been subsequently:

(A)expunged; [or]

(B)pardoned under the authority of a state or
federal official; or

(C)otherwise vacated, set aside, annulled,
invalidated, voided, or sealed under any state or federal law.

It appears that the intent was to say that Texas deferred adjudication is no longer considered a conviction for CHL purposes, but I think that the first paragraph and the new subsection "C" conflict with one another. Any thoughts on what this change actually means?

 

[bababooey32]

Deferred adjudication is still considered a conviction for purposes of denying a CHL.

whether or not the imposition of the sentence is
subsequently probated and the person is discharged from community
supervision.

Says that even if you are sentence is modified and you are released from your sentence, you are still considered to have been convicted and are therefore ineligible for a chl.

otherwise vacated, set aside, annulled,
invalidated, voided, or sealed under any state or federal law

These exceptions are far different than a deferred adjuducation. These dispositions "overturn" or otherwise change your "convicted" status.

 

[Rio Laxas]

It is my understanding that when a person is released from deferred adjudication that the sentence is then "set aside" as cited in subsection C. The latest issue of the TSRA magazine made it sound like dismissed deferred adjudciation was no longer considered a conviction for CHL purposes.

 

[bababooey32]

Deferred adjudication (DA) is different than dismissed. DA gives the defendant the opportunity to do something during some defined timeframe that will that will result in the crime not being listed as a "guilty" sentence on their record. If the person completes the period succesfully, the case will be dismissed, at which point he/she would be eligible again.

During the period between the DA being announced and the final judgement, the individual is NOT eligible for a Texas CHL.

 

[Rio Laxas]

Ok, so I think I get the picture now. Before the law change, if a person received a Class A or B misdemeanor deferred adjudication then they were considered convicted for the purposes of a CHL and had to wait 5 years from the date of conviction to apply. Now, it appears they may apply immediately upon the sucessful completion of deferred adjudication and the charge is dropped. Does this seem correct?

Also, under the old rules some felony deferred adjudications made a person ineligible for life. Are those people now eligible once they have completed the deferred adjudication?