84R2900 JRR-D
By: Longoria H.B. No. 333
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures for defendants who successfully
complete a period of state jail felony community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsections (l), (m), and (n) to
read as follows:
(l) On written motion of a defendant after completion of
two-thirds of the original community supervision period for a state
jail felony with respect to which written consent was obtained
under Section 12.44(c), Penal Code, the judge may review the
defendant's record and consider whether to amend the record of
conviction to reflect a conviction for a Class A misdemeanor in lieu
of a state jail felony. On disposition of the community supervision
in a manner provided by Section 20, the judge, on discharge of the
defendant, may amend the record of conviction to reflect a
conviction for a Class A misdemeanor in lieu of a state jail felony,
subject to Subsection (m), if:
(1) the offense for which the defendant was placed on
community supervision was not an offense:
(A) under Section 30.02, Section 30.04, Section
39.04(a)(2), Section 49.045, or Title 5, Penal Code;
(B) under Article 62.102; or
(C) involving family violence, as defined by
Section 71.004, Family Code;
(2) the defendant has fulfilled to the judge's
satisfaction all the conditions of community supervision,
including the payment of all required restitution, and is not
delinquent on the payment of any fines, costs, and fees that the
defendant has the ability to pay;
(3) the defendant files with the written motion a
statement that:
(A) contains a summary of the defendant's
performance during community supervision, including compliance
with the conditions of community supervision; and
(B) asserts that the defendant meets the
conditions for an amendment of the record of conviction under this
subsection;
(4) the defendant provides a copy of the motion and
statement to the attorney representing the state; and
(5) at the hearing held on the motion, the judge finds
that an amendment of the record of conviction is in the best
interest of justice.
(m) A judge who amends a record of conviction under
Subsection (l) may not modify the name of the state jail felony
offense for which the judge placed the defendant on community
supervision. A defendant whose record of conviction is amended
under Subsection (l) is not considered to have been convicted of a
felony with respect to the modified offense.
(n) A record of conviction that is amended under Subsection
(l) supersedes and takes the place of the record of conviction as it
existed on the original date of conviction. A judge retains
jurisdiction for the purposes of Subsection (l) only until the
expiration of the term of community supervision.
SECTION 2. Section 12.44, Penal Code, is amended by adding
Subsection (c) to read as follows:
(c) With the written consent of the prosecuting attorney
prior to sentencing, the court may amend the record of conviction to
reflect a conviction for a Class A misdemeanor in lieu of a state
jail felony as provided by Section 15(l), Article 42.12, Code of
Criminal Procedure.
SECTION 3. The change in law made by this Act applies only
to a defendant who is placed on community supervision for an offense
committed on or after the effective date of this Act. A defendant
who is placed on community supervision for an offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2015.