| 1 | 1 | | 85R13582 MAW-F |
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| 2 | 2 | | By: Cook H.B. No. 3790 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a judge regarding a defendant who has |
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| 8 | 8 | | been discharged from community supervision. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 42A.701, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsection (f) and adding Subsection (f-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (f) If the judge discharges the defendant under this |
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| 14 | 14 | | article, the judge: |
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| 15 | 15 | | (1) except as provided by Subdivision (2), shall set |
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| 16 | 16 | | aside the verdict or permit the defendant to withdraw the |
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| 17 | 17 | | defendant's plea; and |
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| 18 | 18 | | (2) may set aside the verdict or permit the defendant |
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| 19 | 19 | | to withdraw the defendant's plea if the discharge occurs with |
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| 20 | 20 | | respect to an offense under Title 5, Penal Code. |
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| 21 | 21 | | (f-1) A judge acting under Subsection (f) [this subsection] |
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| 22 | 22 | | shall dismiss the accusation, complaint, information, or |
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| 23 | 23 | | indictment against the defendant. A defendant who receives a |
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| 24 | 24 | | discharge and dismissal under Subsection (f) and this subsection is |
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| 25 | 25 | | released from all penalties and disabilities resulting from the |
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| 26 | 26 | | offense of which the defendant has been convicted or to which the |
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| 27 | 27 | | defendant has pleaded guilty, except that: |
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| 28 | 28 | | (1) proof of the conviction or plea of guilty shall be |
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| 29 | 29 | | made known to the judge if the defendant is convicted of any |
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| 30 | 30 | | subsequent offense; and |
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| 31 | 31 | | (2) if the defendant is an applicant for or the holder |
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| 32 | 32 | | of a license under Chapter 42, Human Resources Code, the Department |
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| 33 | 33 | | of Family and Protective Services may consider the fact that the |
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| 34 | 34 | | defendant previously has received community supervision under this |
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| 35 | 35 | | chapter in issuing, renewing, denying, or revoking a license under |
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| 36 | 36 | | Chapter 42, Human Resources Code. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to a defendant placed on community supervision on or after the |
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| 39 | 39 | | effective date of this Act, regardless of whether the offense for |
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| 40 | 40 | | which the defendant was placed on community supervision was |
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| 41 | 41 | | committed before, on, or after the effective date of this Act. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2017. |
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