| 1 | 1 | | 83R12505 JSC-D |
|---|
| 2 | 2 | | By: Dutton H.B. No. 439 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 439: |
|---|
| 4 | 4 | | By: Herrero C.S.H.B. No. 439 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the restoration of certain rights to a criminal |
|---|
| 10 | 10 | | defendant. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Article 48.05(a)(2), Code of Criminal Procedure, |
|---|
| 13 | 13 | | is amended to read as follows: |
|---|
| 14 | 14 | | (2) This article applies to: |
|---|
| 15 | 15 | | (A) a federal offense, other than an offense |
|---|
| 16 | 16 | | involving: |
|---|
| 17 | 17 | | (i) violence or the threat of violence; |
|---|
| 18 | 18 | | (ii) drugs; or |
|---|
| 19 | 19 | | (iii) firearms; [and] |
|---|
| 20 | 20 | | (B) an offense under the laws of another country, |
|---|
| 21 | 21 | | other than an offense involving: |
|---|
| 22 | 22 | | (i) violence or the threat of violence; |
|---|
| 23 | 23 | | (ii) drugs; or |
|---|
| 24 | 24 | | (iii) firearms, if the elements of the |
|---|
| 25 | 25 | | offense are substantially similar to elements of an offense under |
|---|
| 26 | 26 | | the laws of this state punishable as a felony; and |
|---|
| 27 | 27 | | (C) an offense under the laws of this state, |
|---|
| 28 | 28 | | other than an offense: |
|---|
| 29 | 29 | | (i) for which an individual is required to |
|---|
| 30 | 30 | | register as a sex offender under Chapter 62; or |
|---|
| 31 | 31 | | (ii) involving drugs. |
|---|
| 32 | 32 | | SECTION 2. Article 48.05(b), Code of Criminal Procedure, is |
|---|
| 33 | 33 | | amended to read as follows: |
|---|
| 34 | 34 | | (b) An individual may not apply for restoration of civil |
|---|
| 35 | 35 | | rights under this article unless: |
|---|
| 36 | 36 | | (1) the individual has completed the sentence for the |
|---|
| 37 | 37 | | offense; |
|---|
| 38 | 38 | | (2) the conviction occurred[: |
|---|
| 39 | 39 | | [(A)] three or more years before the date of |
|---|
| 40 | 40 | | application[, if the offense is a federal offense; or |
|---|
| 41 | 41 | | [(B) two or more years before the date of |
|---|
| 42 | 42 | | application, if the offense is an offense under the laws of another |
|---|
| 43 | 43 | | country]; and |
|---|
| 44 | 44 | | (3) the individual has not been convicted at any other |
|---|
| 45 | 45 | | time of an offense under the laws of this state, another state, or |
|---|
| 46 | 46 | | the United States. |
|---|
| 47 | 47 | | SECTION 3. This Act applies to a defendant who is convicted |
|---|
| 48 | 48 | | of an offense before, on, or after the effective date of this Act. |
|---|
| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2013. |
|---|