| 1 | 1 | | 88R2575 SHH-D |
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| 2 | 2 | | By: Dutton H.B. No. 2030 |
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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 restoration of civil rights to a criminal |
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| 8 | 8 | | defendant. |
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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 48.05(a)(2), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (2) This article applies to: |
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| 13 | 13 | | (A) a federal offense, other than an offense |
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| 14 | 14 | | involving: |
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| 15 | 15 | | (i) violence or the threat of violence; |
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| 16 | 16 | | (ii) drugs; or |
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| 17 | 17 | | (iii) firearms; [and] |
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| 18 | 18 | | (B) an offense under the laws of another country, |
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| 19 | 19 | | other than an offense involving: |
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| 20 | 20 | | (i) violence or the threat of violence; |
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| 21 | 21 | | (ii) drugs; or |
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| 22 | 22 | | (iii) firearms, if the elements of the |
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| 23 | 23 | | offense are substantially similar to elements of an offense under |
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| 24 | 24 | | the laws of this state punishable as a felony; and |
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| 25 | 25 | | (C) an offense under the laws of this state, |
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| 26 | 26 | | other than an offense involving: |
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| 27 | 27 | | (i) violence or the threat of violence; |
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| 28 | 28 | | (ii) drugs; or |
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| 29 | 29 | | (iii) firearms, if the offense is |
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| 30 | 30 | | punishable as a felony. |
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| 31 | 31 | | SECTION 2. Article 48.05(b), Code of Criminal Procedure, is |
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| 32 | 32 | | amended to read as follows: |
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| 33 | 33 | | (b) An individual may not apply for restoration of civil |
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| 34 | 34 | | rights under this article unless: |
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| 35 | 35 | | (1) the individual has completed the sentence for the |
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| 36 | 36 | | offense; and |
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| 37 | 37 | | (2) the conviction occurred[: |
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| 38 | 38 | | [(A)] three or more years before the date of |
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| 39 | 39 | | application[, if the offense is a federal offense; or |
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| 40 | 40 | | [(B) two or more years before the date of |
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| 41 | 41 | | application, if the offense is an offense under the laws of another |
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| 42 | 42 | | country; and |
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| 43 | 43 | | [(3) the individual has not been convicted at any |
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| 44 | 44 | | other time of an offense under the laws of this state, another |
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| 45 | 45 | | state, or the United States]. |
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| 46 | 46 | | SECTION 3. This Act applies to a defendant who is convicted |
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| 47 | 47 | | of an offense before, on, or after the effective date of this Act. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2023. |
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