| 1 | 1 | | 84R15715 MEW-D |
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| 2 | 2 | | By: Canales H.B. No. 1503 |
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| 3 | 3 | | Substitute the following for H.B. No. 1503: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 1503 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the rights of certain defendants who successfully |
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| 10 | 10 | | complete a term of community supervision. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 20, Article 42.12, Code of Criminal |
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| 13 | 13 | | Procedure, is amended by amending Subsection (a) and adding |
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| 14 | 14 | | Subsections (c), (d), (e), and (f) to read as follows: |
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| 15 | 15 | | (a) At any time after the defendant has satisfactorily |
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| 16 | 16 | | completed one-third of the original community supervision period or |
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| 17 | 17 | | two years of community supervision, whichever is less, the period |
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| 18 | 18 | | of community supervision may be reduced or terminated by the |
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| 19 | 19 | | judge. On completion of one-half of the original community |
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| 20 | 20 | | supervision period or two years of community supervision, whichever |
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| 21 | 21 | | is more, the judge shall review the defendant's record and consider |
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| 22 | 22 | | whether to reduce or terminate the period of community supervision, |
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| 23 | 23 | | unless the defendant is delinquent in paying required restitution, |
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| 24 | 24 | | fines, costs, or fees that the defendant has the ability to pay or |
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| 25 | 25 | | the defendant has not completed court-ordered counseling or |
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| 26 | 26 | | treatment. Before reducing or terminating a period of community |
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| 27 | 27 | | supervision or conducting a review under this section, the judge |
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| 28 | 28 | | shall notify the attorney representing the state and the defendant |
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| 29 | 29 | | or, if the defendant has an attorney, the defendant's attorney. If |
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| 30 | 30 | | the judge determines that the defendant has failed to |
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| 31 | 31 | | satisfactorily fulfill the conditions of community supervision, |
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| 32 | 32 | | the judge shall advise the defendant in writing of the requirements |
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| 33 | 33 | | for satisfactorily fulfilling those conditions. Upon the |
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| 34 | 34 | | satisfactory fulfillment of the conditions of community |
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| 35 | 35 | | supervision, and the expiration of the period of community |
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| 36 | 36 | | supervision, the judge, by order duly entered, shall amend or |
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| 37 | 37 | | modify the original sentence imposed, if necessary, to conform to |
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| 38 | 38 | | the community supervision period and shall discharge the |
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| 39 | 39 | | defendant. If the judge discharges the defendant under this |
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| 40 | 40 | | section, not later than the 30th day after the date of the |
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| 41 | 41 | | defendant's discharge the judge may set aside the verdict or permit |
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| 42 | 42 | | the defendant to withdraw the defendant's plea[,] and shall dismiss |
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| 43 | 43 | | the accusation, complaint, information or indictment against the |
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| 44 | 44 | | defendant, who shall thereafter be released from all penalties and |
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| 45 | 45 | | disabilities resulting from the offense or crime of which the |
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| 46 | 46 | | defendant has been convicted or to which the defendant has pleaded |
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| 47 | 47 | | guilty, except that: |
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| 48 | 48 | | (1) proof of the conviction or plea of guilty shall be |
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| 49 | 49 | | made known to the judge should the defendant again be convicted of |
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| 50 | 50 | | any criminal offense; and |
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| 51 | 51 | | (2) if the defendant is an applicant for a license or |
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| 52 | 52 | | is a licensee under Chapter 42, Human Resources Code, the Health and |
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| 53 | 53 | | Human Services Commission may consider the fact that the defendant |
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| 54 | 54 | | previously has received community supervision under this article in |
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| 55 | 55 | | issuing, renewing, denying, or revoking a license under that |
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| 56 | 56 | | chapter. |
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| 57 | 57 | | (c) If the judge sets aside the verdict or permits the |
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| 58 | 58 | | defendant to withdraw the defendant's plea and dismisses the |
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| 59 | 59 | | accusation, complaint, information, or indictment against the |
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| 60 | 60 | | defendant under Subsection (a), the defendant is not considered to |
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| 61 | 61 | | have been convicted of an offense and: |
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| 62 | 62 | | (1) a licensing authority may not deny an application |
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| 63 | 63 | | for an occupational license, suspend, revoke, or refuse to renew an |
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| 64 | 64 | | occupational license, or take any other disciplinary action against |
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| 65 | 65 | | the defendant based on the offense of which the defendant otherwise |
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| 66 | 66 | | would have been convicted or to which the defendant has pleaded |
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| 67 | 67 | | guilty; and |
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| 68 | 68 | | (2) the defendant may not be denied a benefit or |
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| 69 | 69 | | subject to any civil disability or disqualification based on the |
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| 70 | 70 | | offense of which the defendant otherwise would have been convicted |
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| 71 | 71 | | or to which the defendant has pleaded guilty. |
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| 72 | 72 | | (d) Subsection (c) supersedes any conflicting state statute |
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| 73 | 73 | | enacted before September 1, 2015, that purports to deny a benefit or |
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| 74 | 74 | | impose a disability or disqualification. |
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| 75 | 75 | | (e) Subsection (c) supersedes any conflicting state statute |
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| 76 | 76 | | enacted on or after September 1, 2015, unless the statute expressly |
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| 77 | 77 | | provides otherwise. |
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| 78 | 78 | | (f) A dismissal under Subsection (a) does not release the |
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| 79 | 79 | | defendant from the obligation to pay any required restitution, |
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| 80 | 80 | | fines, costs, or fees ordered by the court. |
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| 81 | 81 | | SECTION 2. This Act takes effect September 1, 2015. |
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