If any of you Texans knows anyone who has high school or college bound kids....please help me get this message out ASAP! This bill that state representative Jerry Madden has filed ..if passed into law can and will deny students who have taken the non-conviction plea the right to a higher education. This bill has been heard once and is on the schedule this coming Monday for a 2nd hearing!
This is crucial information that you will not hear on TV or read in any newspaper. To the students: I really you all are busy studying for your future career, this information must get into the parents hands who have child that has taken the deferred adjudication plea bargain in Texas . This is one dangerous bill and it must be stopped. Deferred adjudication is NOT a conviction. The Texas state statute Article 42.12 protects you from disqualifications or disabilities that a conviction would carry!
PRESS RELEASE & PUBLIC SERVICE ANNOUNCEMENT
On behalf of the Texas Association for Justice & Legal Reform we feel it is our duty to inform parents, and all future and currently en-rolled college students on a bill that has been filed in our current legislation session.
If you or anyone you know who has accepted the non-conviction plea bargain here in Texas this bill does concern you!
First I would like to briefly explain to those who may be unaware on what deferred adjudication is; deferred adjudication is a non-conviction plea bargain. It is basically a plea bargain that was set up to give a person a second chance. As we all know in this day and time a felony is no longer what a felony use to be or should still be. Common sense should tell us, the more laws we have; the more criminals we will have. Our children are literally being nailed to the wall for the same things we did as teens and young adults.
H. B. 1367 authored by State Representative Jerry Madden if passed will have some extremely horrible ramifications for those who have taken deferred adjudication. Although the bill specifically does not mention deferred adjudication, it does mention: DPS criminal history records. To those who are unaware: THE TEXAS DPS CRIMINAL RECORDS HISTORY DOES CONTAIN DEFERRED ADJUDICATION RECORDS AND YES THESE RECORDS ARE PURCHASED AND AVAILABLE TO EVERY BACKGROUND CHECK DATABASE IN THE UNITED STATES AND TO ANY INDIVIDUAL WHO WISHED TO PURCHASE THIS CRIMINAL RECORDS HISTORY DATABASE!
The Texas State statute in the Texas Criminal code clearly states deferred adjudication is NOT a conviction! The Texas State statute clearly defines this purpose. Article 42.12 CLEARLY states:
Code 42.12 Section 5(c): "...Except as provided by Section 12.42(g), Penal Code, a dismissal and discharge under this section may not be deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense..."
and continuing.. .
Code 42.12 Section 20:
"... If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw his plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has pleaded guilty..."
The law, as quoted above, very explicitly states a person who successfully completes deferred adjudication has not been convicted and is not to suffer the penalties, disqualifications, etc that a conviction would carry.
Yes the law clearly states this is NOT a conviction, but due to the records being released and allowed to be deemed as conviction. There are literally thousands and thousands of Texan's who are suffering the horrible ramifications of making one mistake! A mistake from years back and this being the ONLY mistake they have ever made.
H. B. 1367 if passed and made into law can and will be used for the purposes of denying a student enrollment into any facility of Higher Education. It will also be used against currently enrolled students. YES THIS WILL INCLUDE DEFERRED ADJUDICATION RECORDS! Everyone should be wary of this bill. There is absolutely no way we can allow this bill to pass in its present form! PLEASE CONTACT YOUR LOCAL STATE REPRESENTATIVES AND SENATOR’S TO VOICE YOUR CONCERNS ON THIS BILL! WE CAN NOT DENY OUR CHILDREN AN EDUCATION OVER MISTAKES WE DID OURSELVES AS YOUNG TEENS! THIS INSANITY MUST STOP NOW!
We have taken parts of H. B. 1367 to show you exactly where these damaging affects occur in this bill. The complete bill itself can be found on the Texas Legislation website at: http://www.capitol. state.tx. us/Reports/ General.aspx After this page opens, in the upper right hand corner of the page in the bill search box, type in HB 1367.
Here is the part that should worry us all:
Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PUBLIC OR PRIVATE INSTITUTIONS OF HIGHER EDUCATION.
(c-1) Criminal history record information obtained by an institution of higher education or private or independent institution of higher education under Subsection (b)(2) or (3) may be used only for the purpose of:
(1) determining the eligibility of an applicant for admission to the institution in accordance with the admissions policies of the institution; or
(2) determining whether a currently enrolled student of the institution is eligible to remain enrolled as a student of the institution in accordance with the policies and procedures of the institution.
It doesn’t get any clearer than this, and yes this bill alone if passed could damage your rights or your child’s rights to a higher education! Please contact your legislators asking them to help stop this madness. We can NOT deny anyone an education! This is America !
Sincerely,
Beverly Lanfear
Co-founder, TAJLR
Rob Sandifer
Co-founder, TAJLR
LATEST UPDATE ON April 20, 2007…..URGENT REQUEST!!!!! !
ALERT!!!!!
In light of the recent tragic shootings/mass murders which recently took place at the Virginia Tech campus earlier this week, the Texas legislature is reacting in a typical, knee jerk style that is endangering your right to get a college education.
Rep. Jerry Madden has introduced HB 1367 which will allow colleges and universities to deny ANYONE the right to be admitted to any private or public Texas institution of higher learning who has a criminal record, including deferred adjudication.
We are desperately trying to stop this horrible bill in its tracks before it becomes the law of the land! There is still precious time to do so, but time is running out. Right now, the bill is scheduled to be heard in the House committee on Higher Education for the second time on Monday, April 23 where it will probably come out and on to the House floor for a deciding vote. We are urging all of our people to show up in committee and testify against this very, very bad bill!
I recently e-mailed Mr. Madden's office and offered a substitute bill that will exclude deferred adjudications. Down below is a recent e-mail which I sent to Mark Hey, Mr. Madden's legislative assistant. As you can see, I had quite a heated exchange with Mr. Hey during my attempt to persuade them to accept the compromise bill. I am asking each and every one of you and your friends and your family members to call Rep. Madden's office and speak to either Mr. Madden or Mark Hey and urge them to remove deferred adjudications from the bill. Their contact information is below:
Their contact info:
Madden's office: (512)-463-0544
jerry.madden@ house.state. tx.us
mark.hey@house. state.tx. us
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