(a) In this article, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code, and "general residential operation" has the meaning assigned by Section 42.002, Human Resources Code. Unlike state law, when it comes to federal law, you cannot own a gun until you have completed the requirements of your deferred adjudication. The defendant may continue to participate in a program following the defendant's completion of that period. September 1, 2021. 20), Sec. The judge may not revoke the community supervision of a defendant solely because the defendant fails to successfully complete a program under this subchapter. 42A.386. (b) If a sentence of confinement is imposed on the revocation of community supervision, the term of confinement served under Subsection (a) may not be credited toward completion of the sentence imposed. 584 (S.B. 42A.110. Art. Acts 2021, 87th Leg., R.S., Ch. And most importantly: Can you own a gun if you are or were deferred adjudication? Art. Acts 2021, 87th Leg., R.S., Ch. (e) A defendant who is ordered to make a payment included under Subsection (b) may, at any time during the defendant's period of community supervision, including deferred adjudication community supervision, but not more than once in any six-month period unless the defendant shows a substantial and compelling reason for making an additional request during that period, file a written statement with the clerk of the court requesting reconsideration of the defendant's ability to make the payment and requesting that the payment be satisfied by an alternative method provided under Subsection (f). (c) If the defendant agrees to the modification in writing, the officer or magistrate shall file a copy of the modified conditions with the district clerk and the conditions shall be enforced as modified. Art. Redesignated by Acts 2021, 87th Leg., R.S., Ch. 324 (S.B. There are a lot of points of confusion surrounding Texas deferred adjudication and gun ownership. 948 (S.B. 42A.654. The judge may also issue a subpoena to obtain that information. In cases involving the use or display of a deadly weapon. Acts 2019, 86th Leg., R.S., Ch. So, if you take deferred adjudication for a Class A assault that involves family violence, that sentence will stay on your criminal history forever. This is a Class A misdemeanor punishable by up to a year in jail. Many doing so with the belief that once the adjudication period is over and the charge dismissed that it will not remain on their record. (b) If the court grants community supervision to a defendant described by Subsection (a), the court as a condition of community supervision shall: (1) prohibit the defendant from using the Internet to: (A) access material that is obscene, as defined by Section 43.21, Penal Code; (B) access a commercial social networking site, as defined by Article 62.0061(f); (C) communicate with any individual concerning sexual relations with an individual who is younger than 17 years of age; or, (D) communicate with another individual the defendant knows is younger than 17 years of age; and. Art. Its like it never happened. This lie is told to defendants every day in every court house in every county in Texas.
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