Relating To Eligibility and Disciplinary Actions Effective September 1, 2009
1. Definitions of ‘Conviction’ and ‘Felony’
Section 411.171 is amended to exclude from the definition of "conviction" those convictions or orders of deferred adjudication that have been:
"vacated, set-aside, annulled, invalidated, voided, or sealed."
The most common situation is likely to be a conviction "set-aside," which may (but need not) follow the successful completion of probation.
Section 411.172 is amended to classify an offense as a "felony" by reference to the law at the time it is committed (instead of the law at the time of application), unless, at the time of application, the classification has been reduced from a felony to a misdemeanor. In other words, if the individual was convicted of a felony, but the law now defines it as a misdemeanor, then it is a misdemeanor. In all other cases, we look to the classification on the judgment.
2. Failure to Display
Failure to display the license upon demand for identification by peace officer will no longer be grounds for suspension of license (currently 90 day suspension).
3. Deferred Adjudication Felony Exemption
Section 411.1711, entitled "Certain Exemptions from Convictions," currently disqualifies only those offenses provided in Title 5 and Chapter 29 of the Texas Penal Code from the application of this exemption for felony-level deferred adjudications over ten years old. The amendments add the following disqualifying offenses (precluding application of the exemption):
- Burglary of a Habitation or Shelter, and
- Violation of Protective Order Issued on Basis of Sexual Assault.
4. Student Loan Disqualifier
Subsection (12) of Section 411.172, "Eligibility" is repealed, thereby eliminating student loan defaults as a disqualifier.
5. Incompetence
The five-year limitation on the use of an involuntary commitment or hospitalization as evidence of a psychiatric disorder has been removed.
The two year limitation on an individual if, who has received court-ordered, outpatient treatment, has been removed.
