84R1368 JSC-D
By: Dutton H.B. No. 478
A BILL TO BE ENTITLED
AN ACT
relating to the restoration of certain rights to a criminal
defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 48.05(a)(2), Code of Criminal Procedure,
is amended to read as follows:
(2) This article applies to:
(A) a federal offense, other than an offense
involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms; [and]
(B) an offense under the laws of another country,
other than an offense involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms, if the elements of the
offense are substantially similar to elements of an offense under
the laws of this state punishable as a felony; and
(C) any offense under the laws of this state.
SECTION 2. Article 48.05(b), Code of Criminal Procedure, is
amended to read as follows:
(b) An individual may not apply for restoration of civil
rights under this article unless:
(1) the individual has completed the sentence for the
offense;
(2) the conviction occurred[:
[(A)] three or more years before the date of
application[, if the offense is a federal offense; or
[(B) two or more years before the date of
application, if the offense is an offense under the laws of another
country]; and
(3) the individual has not been convicted at any other
time of an offense under the laws of this state, another state, or
the United States.
SECTION 3. This Act applies to a defendant who is convicted
of an offense before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2015.