85R13582 MAW-F
By: Cook H.B. No. 3790
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a judge regarding a defendant who has
been discharged from community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.701, Code of Criminal Procedure, is
amended by amending Subsection (f) and adding Subsection (f-1) to
read as follows:
(f) If the judge discharges the defendant under this
article, the judge:
(1) except as provided by Subdivision (2), shall set
aside the verdict or permit the defendant to withdraw the
defendant's plea; and
(2) may set aside the verdict or permit the defendant
to withdraw the defendant's plea if the discharge occurs with
respect to an offense under Title 5, Penal Code.
(f-1) A judge acting under Subsection (f) [this subsection]
shall dismiss the accusation, complaint, information, or
indictment against the defendant. A defendant who receives a
discharge and dismissal under Subsection (f) and this subsection is
released from all penalties and disabilities resulting from the
offense 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 if the defendant is convicted of any
subsequent offense; and
(2) if the defendant is an applicant for or the holder
of a license under Chapter 42, Human Resources Code, the Department
of Family and Protective Services may consider the fact that the
defendant previously has received community supervision under this
chapter in issuing, renewing, denying, or revoking a license under
Chapter 42, Human Resources Code.
SECTION 2. The change in law made by this Act applies only
to a defendant placed on community supervision on or after the
effective date of this Act, regardless of whether the offense for
which the defendant was placed on community supervision was
committed before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.