86R12882 JRR-D
By: Collier H.B. No. 2026
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. Subchapter L, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.563 to read as follows:
Art. 42A.563. AMENDMENT OF RECORD OF CONVICTION. (a) 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.
(b) On disposition of the community supervision in a manner
provided by Article 42A.701, 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 (c), 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
article;
(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.
(c) A judge who amends a record of conviction under
Subsection (b) 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 (b) is not considered to have been convicted of a
felony with respect to the modified offense.
(d) A record of conviction that is amended under Subsection
(b) supersedes and takes the place of the record of conviction as it
existed on the original date of conviction.
(e) A judge retains jurisdiction for the purposes of this
article 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 Article 42A.563, 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, 2019.