84R15715 MEW-D
By: Canales H.B. No. 1503
Substitute the following for H.B. No. 1503:
By: Herrero C.S.H.B. No. 1503
A BILL TO BE ENTITLED
AN ACT
relating to the rights of certain defendants who successfully
complete a term of community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20, Article 42.12, Code of Criminal
Procedure, is amended by amending Subsection (a) and adding
Subsections (c), (d), (e), and (f) to read as follows:
(a) At any time after the defendant has satisfactorily
completed one-third of the original community supervision period or
two years of community supervision, whichever is less, the period
of community supervision may be reduced or terminated by the
judge. On completion of one-half of the original community
supervision period or two years of community supervision, whichever
is more, the judge shall review the defendant's record and consider
whether to reduce or terminate the period of community supervision,
unless the defendant is delinquent in paying required restitution,
fines, costs, or fees that the defendant has the ability to pay or
the defendant has not completed court-ordered counseling or
treatment. Before reducing or terminating a period of community
supervision or conducting a review under this section, the judge
shall notify the attorney representing the state and the defendant
or, if the defendant has an attorney, the defendant's attorney. If
the judge determines that the defendant has failed to
satisfactorily fulfill the conditions of community supervision,
the judge shall advise the defendant in writing of the requirements
for satisfactorily fulfilling those conditions. Upon the
satisfactory fulfillment of the conditions of community
supervision, and the expiration of the period of community
supervision, the judge, by order duly entered, shall amend or
modify the original sentence imposed, if necessary, to conform to
the community supervision period and shall discharge the
defendant. If the judge discharges the defendant under this
section, not later than the 30th day after the date of the
defendant's discharge the judge may set aside the verdict or permit
the defendant to withdraw the defendant's 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 the
defendant has been convicted or to which the defendant has pleaded
guilty, except that:
(1) proof of the conviction or plea of guilty shall be
made known to the judge should the defendant again be convicted of
any criminal offense; and
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Health and
Human Services Commission may consider the fact that the defendant
previously has received community supervision under this article in
issuing, renewing, denying, or revoking a license under that
chapter.
(c) If the judge sets aside the verdict or permits the
defendant to withdraw the defendant's plea and dismisses the
accusation, complaint, information, or indictment against the
defendant under Subsection (a), the defendant is not considered to
have been convicted of an offense and:
(1) a licensing authority may not deny an application
for an occupational license, suspend, revoke, or refuse to renew an
occupational license, or take any other disciplinary action against
the defendant based on the offense of which the defendant otherwise
would have been convicted or to which the defendant has pleaded
guilty; and
(2) the defendant may not be denied a benefit or
subject to any civil disability or disqualification based on the
offense of which the defendant otherwise would have been convicted
or to which the defendant has pleaded guilty.
(d) Subsection (c) supersedes any conflicting state statute
enacted before September 1, 2015, that purports to deny a benefit or
impose a disability or disqualification.
(e) Subsection (c) supersedes any conflicting state statute
enacted on or after September 1, 2015, unless the statute expressly
provides otherwise.
(f) A dismissal under Subsection (a) does not release the
defendant from the obligation to pay any required restitution,
fines, costs, or fees ordered by the court.
SECTION 2. This Act takes effect September 1, 2015.